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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2005''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2006, the $100,000 and $200,000 amounts in subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) Repeal of Termination.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Conforming Amendments.--Subparagraph (B) of section 222(b)(2) of such Code is amended-- (1) by striking ``2004 or 2005'' and inserting ``2004 or thereafter'', and (2) in the heading by striking ``and 2005'' and inserting ``and thereafter''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2005 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 6. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT FINANCIAL AID NEEDS ANALYSIS. (a) Definition of Assets.--Subsection (f) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) in paragraph (1) by inserting ``qualified education benefit (except as provided in paragraph (3)),'' after ``tax shelters,''; and (2) by adding at the end the following new paragraphs: ``(3) A qualified education benefit shall not be considered an asset of the student under section 475 of this part. ``(4) For purposes of this subsection, the term `qualified education benefit' means-- ``(A) a program which is described in clause (i) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 and which meets the requirements of section 529(b)(1)(B) of such Code; ``(B) a State tuition program described in clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 which meets the requirements of section 529(b)(1)(B) of such Code; and ``(C) a Coverdell education savings account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986).''. (b) Definition of Other Financial Assistance.--Subsection (j) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) by striking ``; Tuition Prepayment Plans'' in the heading of such subsection; (2) by striking ``(1) For purposes'' and inserting ``For purposes''; and (3) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall apply with respect to determinations of need under part F of title IV of the Higher Education Act of 1965 for academic years beginning on or after July 1, 2006. SEC. 7. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE SCHOLARSHIP CREDIT. (a) Qualified Tuition and Related Expenses Expanded to Include Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the Internal Revenue Code of 1986 (defining qualified tuition and related expenses) is amended by adding at the end the following new subparagraph: ``(D) Additional expenses allowed for hope scholarship credit.--For purposes of the Hope Scholarship Credit, such term shall include fees, books, supplies, and equipment required for courses of instruction at the eligible educational institution.''. (b) Hope Scholarship Credit not Reduced by Federal Pell Grants and Supplemental Educational Opportunity Grants.--Subsection (g) of section 25A of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Pell and seog grants.--For purposes of the Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an individual as a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively).''. (c) Expanded Hope Expenses not Subject to Information Reporting Requirements.--Subsection (e) of section 6050S of such Code (relating to definitions) is amended by striking ``subsection (g)(2)'' and inserting ``subsections (f)(1)(D) and (g)(2)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2005 (in tax years ending after such date), for education furnished in academic periods beginning after such date. SEC. 8. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to subtitles A, B, and D of title IV of such Act.

Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act. Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 1999''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following: ``SEC. 222. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.-- ``(1) In general.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable dollar amount of the qualified higher education expenses paid by the taxpayer during the taxable year. ``(2) Applicable dollar amount.--The applicable dollar amount for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar amount: 2001.......................................... $4,000 2002.......................................... $8,000 2003 and thereafter........................... $12,000. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $62,450 ($104,050 in the case of a joint return, $89,150 in the case of a return filed by a head of household, and $52,025 in the case of a return by a married individual filing separately), bears to ``(B) $15,000. ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 219, 220, and 469. For purposes of the sections referred to in subparagraph (B), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(c) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, or ``(iv) any grandchild of the taxpayer, as an eligible student at an institution of higher education. ``(B) Eligible courses.--Amounts paid for qualified higher education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(i) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(ii) are not attributable to any graduate program of such individual. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction if credit elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified higher education expenses of an individual if the taxpayer elects to have section 25A apply with respect to such individual for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified higher education expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following: ``(18) Higher education expenses.--The deduction allowed by section 222.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Higher education expenses. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 1999. SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS. (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. INTEREST ON HIGHER EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $1,500. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($80,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to sections 911, 931, and 933. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2002, the $50,000 and $80,000 amounts referred to 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 `2001' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents Not Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.--A credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' has the meaning given such term by section 221(e)(1). ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount taken into account for any deduction under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Interest on higher education loans.'' (c) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 25B(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 2000.

Establishes an annual income-adjusted credit (up to $1,500) for the interest paid during the first 60 months of a qualified higher education loan by a non-dependent taxpayer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Act of 2012''. SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY. (a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.--Section 2252(b)(2) of title 18, United States Code, is amended by inserting after ``but if'' the following: ``any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. (b) Certain Activities Relating to Material Constituting or Containing Child Pornography.--Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after ``but, if'' the following: ``any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if''. SEC. 3. PROTECTION OF CHILD WITNESSES. (a) Civil Action To Restrain Harassment of a Victim or Witness.-- Section 1514 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``or its own motion,'' after ``attorney for the Government,''; and (ii) by inserting ``or investigation'' after ``Federal criminal case'' each place it appears; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: ``(2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.''; (D) in paragraph (4), as so redesignated, by striking ``(and not by reference to the complaint or other document)''; and (E) in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: ``, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness''; and (2) by striking subsection (c) and inserting the following: ``(c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. ``(d)(1) As used in this section-- ``(A) the term `course of conduct' means a series of acts over a period of time, however short, indicating a continuity of purpose; ``(B) the term `harassment' means a serious act or course of conduct directed at a specific person that-- ``(i) causes substantial emotional distress in such person; and ``(ii) serves no legitimate purpose; ``(C) the term `immediate family member' has the meaning given that term in section 115 and includes grandchildren; ``(D) the term `intimidation' means a serious act or course of conduct directed at a specific person that-- ``(i) causes fear or apprehension in such person; and ``(ii) serves no legitimate purpose; ``(E) the term `restricted personal information' has the meaning given that term in section 119; ``(F) the term `serious act' means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and ``(G) the term `specific person' means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. ``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure-- (1) that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110, or 117 of title 18, United States Code; and (2) if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual. SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS. (a) Administrative Subpoenas.-- (1) In general.--Section 3486(a)(1) of title 18, United States Code, is amended-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``or'' at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: ``(ii) an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or''; and (B) in subparagraph (D)-- (i) by striking ``paragraph, the term'' and inserting the following: ``paragraph-- ``(i) the term''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(ii) the term `sex offender' means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).''. (2) Technical and conforming amendments.--Section 3486(a) of title 18, United States Code, is amended-- (A) in paragraph (6)(A), by striking ``United State'' and inserting ``United States''; (B) in paragraph (9), by striking ``(1)(A)(ii)'' and inserting ``(1)(A)(iii)''; and (C) in paragraph (10), by striking ``paragraph (1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''. (b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486).''. SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC TASK FORCES. Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and inserting ``$4,000,000''. SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION. Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17611(d)(1)) is amended-- (1) by striking ``to be responsible'' and inserting the following: ``with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible''; and (2) by adding at the end the following: ``The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service.''. SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES. Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17617(a)) is amended-- (1) in paragraph (4), by striking ``and''; (2) in paragraph (5), by striking the period at the end; and (3) by inserting after paragraph (5) the following: ``(6) $60,000,000 for fiscal year 2014; ``(7) $60,000,000 for fiscal year 2015; ``(8) $60,000,000 for fiscal year 2016; ``(9) $60,000,000 for fiscal year 2017; and ``(10) $60,000,000 for fiscal year 2018.''. SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''. Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all that follows through ``or other''. SEC. 9. REPORT TO CONGRESS. Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the status of the Attorney General's establishment of the National Internet Crimes Against Children Data System required to be established under section 105 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615).

Child Protection Act of 2012 - Amends the federal criminal code to impose a fine and/or prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12. Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes. Allows the Director of the U.S. Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service. Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Care for Seniors Act of 2015''. SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including two years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall conduct statistical analyses on such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the results of the analyses publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclauses (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 3. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK ADJUSTMENT. It is the sense of Congress that-- (1) the Secretary of Health and Human Services should periodically monitor and improve the Medicare Advantage risk adjustment model to ensure that it accurately accounts for beneficiary risk, including for those individuals with complex chronic comorbid conditions; (2) the Secretary should closely examine the current Medicare Advantage risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions and to the extent data indicate this to be the case, the Secretary should make necessary adjustment to the risk adjustment methodology; and (3) the Secretary should reconsider the implementation of changes in the Medicare Advantage risk adjustment methodology finalized for 2016 and to use to the extent appropriate the methodology finalized in 2015 for one additional year.

Securing Care for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to periodically revise the Medicare Advantage (MA) risk adjustment system, such that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. In addition, CMS must evaluate the impacts to the system of: (1) using two years of data, (2) removing diagnostic codes related to chronic kidney disease, and (3) modifying the use of encounter data (information on services furnished to MA enrollees). If CMS subsequently determines that any of these revisions would better reflect the population served, CMS shall make such revisions. Before doing so, however, CMS must: (1) ensure that the changes do not prevent an MA organization from performing activities that are consistent with national health policy goals, and (2) provide an opportunity for review and public comment.

SECTION 1. FINDINGS. Congress finds as follows: (1) Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 9.5 acres, more specifically described in section 2(a) (in this section referred to as the ``property''). (2) The property is administered by the Department of Agriculture and has been variously used for research and plant materials purposes. (3) Since 1998, the property has been administered by the Natural Resources Conservation Service. (4) Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code. (5) The Conservation District wishes to acquire the property and use it for conservation, environmental, and related educational purposes. (6) As provided in this Act, the conveyance of the property to the Conservation District would promote the Conservation District's conservation education and related purposes and result in savings to the Federal Government. SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA. (a) Conveyance Authorized.--The Secretary of Agriculture shall convey and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the ``Conservation District'') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 9.5 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable for the conveyance under this subsection, the Secretary or the Conservation District may survey all or portions of the property to be conveyed. (b) Consideration.-- (1) Value in use.--Subject to paragraph (2), the Conservation District shall pay to the Secretary an amount equal to the value in use of the property to be conveyed under subsection (a) as consideration for the conveyance of the property. (2) Required reductions.--The amount otherwise determined under paragraph (1) shall be reduced by-- (A) the value of the improvements on the property provided for by non-Federal sources; and (B) the amount of any rental rate abatements negotiated and agreed to by the Secretary for the continued use of the property by the Department during the 10-year period beginning upon the conveyance of the property. (c) Deposit and Use of Consideration.--The amounts received as consideration under subsection (b) shall be credited to the applicable appropriation of the Natural Resources Conservation Service for conservation operations in California and shall remain available, without further appropriation, until expended as the Secretary may direct. (d) Prohibition on Reservation of Interest.--The Secretary shall not reserve any future interest in the property to be conveyed under subsection (a), except that which may be acceptable to the Conservation District. (e) Hazardous Substances.--Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the conveyance of the property under subsection (a), the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives. (f) Cooperative Authority.-- (1) Leases, contracts, and cooperative agreements authorized.--In conjunction with, or in addition to, the conveyance under subsection (a), the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District. (2) Sole source.--Notwithstanding sections 3105, 3301, and 3303 to 3305 of title 41, United States Code, or any other provision of law, the Secretary may lease real property from the Conservation District on a noncompetitive basis. (3) Non-exclusive authority.--The authority provided by this subsection is in addition to any other authority of the Secretary. (g) Additional Terms and Conditions.--The Secretary may require such reasonable terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States, except that the conveyance does not require further administrative or environmental analyses or examination.

Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Resource Conservation District.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Progress Commemoration Act''. SEC. 2. DECLARATION. Congress declares that-- (1) the original Seneca Falls Convention, held in upstate New York in July 1848, convened to consider the social conditions and civil rights of women at that time; (2) the convention marked the beginning of an admirable and courageous struggle for equal rights for women; (3) the 150th Anniversary of the convention provides an excellent opportunity to examine the history of the women's movement; and (4) a Federal Commission should be established for the important task of ensuring the historic preservation of sites that have been instrumental in American women's history, creating a living legacy for generations to come. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Women's Progress Commemoration Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the Speaker of the House of Representatives; (C) 3 shall be appointed by the minority leader of the House of Representatives; (D) 3 shall be appointed by the majority leader of the Senate; and (E) 3 shall be appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include Federal, State, or local employees, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and cultural backgrounds. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (3) and make their respective appointments not later than 60 days after the date of enactment of this Act. (4) Vacancies.--A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (c) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chairperson. (d) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (e) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, shall prepare and submit to the Secretary of the Interior a report that-- (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. At the request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. A member of the Commission who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (b) Travel Expenses.--A 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 the home or regular place of business of the member in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of that title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and the detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for a position at level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. (b) Donations.--The Commission may accept donations from non- Federal sources to defray the costs of the operations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the Commission submits to the Secretary of the Interior the report under section 4(b). SEC. 9. REPORTS TO CONGRESS. Not later than 2 years and not later than 5 years after the date on which the Commission submits to the Secretary of the Interior the report under section 4, the Secretary of the Interior shall submit to Congress a report describing the actions that have been taken to preserve the sites identified in the Commission report as being of historical significance. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Women's Progress Commemoration Act - Establishes the Women's Progress Commemoration Commission to, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, prepare and submit to the Secretary a report that: (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. Authorizes appropriations. Requires the Secretary, after receipt of the Commission's report, to report to the Congress on the actions that have been taken to preserve the sites identified in the Commission's report as being of historical significance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palmetto Bend Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Project.--the term ``Project'' means the Palmetto Bend Reclamation Project in the State of Texas authorized under Public Law 90-562 (82 Stat. 999). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Texas, acting through the Texas Water Development Board or the Lavaca-Navidad River Authority or both. SEC. 3. CONVEYANCE. (a) In General.--The Secretary shall, as soon as practicable after the date of enactment of this Act and in accordance with all applicable law, and subject to the conditions set forth in sections 4 and 5, convey to the State all right, title and interest (excluding the mineral estate) in and to the Project held by the United States. (b) Report.--If the conveyance under section 3 has not been completed within 1 year and 180 days after the date of enactment of this Act, 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 that describes-- (1) the status of the conveyance; (2) any obstacles to completion of the conveyance; and (3) the anticipated date for completion of the conveyance. SEC. 4. PAYMENT. (a) In General.--As a condition of the conveyance, the State shall pay the Secretary the adjusted net present value of current repayment obligations on the Project, calculated 30 days prior to closing using a discount rate equal to the average interest rate on 30-year United States Treasury notes during the preceding calendar month, which following application of the State's August 1, 1999 payment, was, as of October 1999, calculated to be $45,082,675 using a discount rate of 6.070 percent. The State shall also pay interest on the adjusted net present value of current repayment obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity United States Treasury notes of an equivalent term. (b) Obligation Extinguished.--Upon payment by the State under subsection (a), the obligation of the State and the Bureau of Reclamation under the Bureau of Reclamation Contract No. 14-06-500- 1880, as amended shall be extinguished. After completion of conveyance provided for in section 3, the State shall assume full responsibility for all aspects of operation, maintenance and replacement of the Project. (c) Additional Costs.--The State shall bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. (d) Reclamation Fund.--All funds paid by the State to the Secretary under this section shall be credited to the Reclamation Fund in the Treasury of the United States. SEC. 5. FUTURE MANAGEMENT. (a) In General.--As a condition of the conveyance under section 3, the State shall agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. In future management of the Project, the State shall, consistent with other project purposes and the provision of dependable municipal and industrial water supply-- (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under section 3; (3) prohibit private or exclusive uses of lands conveyed under section 3; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space, for the benefit of the general public; (6) not charge the public recreational use fees that are more than is customary and reasonable. (b) Fish, Wildlife, and Recreation Management.--As a condition of conveyance under section 3, management decisions and actions affecting the public aspects of the Project (namely, fish, wildlife, and recreation resources) shall be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary and shall extend for the useful life of the Project. (c) Existing Obligations.--The United States shall assign to the State and the State shall accept all surface use obligations of the United States associated with the Project existing on the date of the conveyance including contracts, easements, and any permits or license agreements. SEC. 6. MANAGEMENT OF MINERAL ESTATE. All mineral interests in the Project retained by the United States shall be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. SEC. 7. LIABILITY. (a) In General.--Effective on the date of conveyance of the Project, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the Project, except for damages caused by acts of negligence committed prior to the date of conveyance by-- (1) the United States; or (2) an employee, agent, or contractor of the United States. (b) No Increase in Liability.--Nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). SEC. 8. FUTURE BENEFITS. (a) Deauthorization.--Effective on the date of conveyance of the Project, the Project conveyed under this Act shall be deauthorized. (b) No Reclamation Benefits.--After deauthorization of the Project under subsection (a), the State shall not be entitled to receive any benefits for the Project under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary, if the conveyance has not been completed within one year and 180 days after the enactment date of this Act, to report to the House Committee on Resources and the Senate Committee on Energy and Natural Resources on the conveyance's status, any obstacles to completion, and the anticipated completion date. Directs the State, as a condition of the conveyance, to pay to the Secretary the adjusted net present value of current repayment obligations on the Project as prescribed by this Act. Requires the State to also pay interest on the adjusted net present value of such obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity U.S. Treasury notes of an equivalent term. Extinguishes the State's and the Bureau of Reclamation's obligation under a specified Bureau contract upon payment by the State of such amount. Requires the State, after completion of the conveyance, to assume full responsibility for all aspects of operation, maintenance, and replacement of the Project. Requires the State, as a condition of the conveyance, to agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. Requires the State, in future management of the Project, consistent with other project purposes and the provision of such a water supply, to: (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under this Act; (3) prohibit private or exclusive uses of such lands; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space for the benefit of the public; and (6) not charge the public recreational use fees that are more than is customary and reasonable. Provides that, as a condition of the conveyance, management decisions and actions affecting the Project's public aspects (namely fish, wildlife, and recreation resources) shall: (1) be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary; and (2) extend for the useful life of the Project. Requires all mineral interests in the Project retained by the United States to be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. States that nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act. Deauthorizes the Project on the date of its conveyance. Specifies that the State shall not be entitled to receive any benefits for the Project after deauthorization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``COLA Fairness Act of 2005''. SEC. 2. REGIONAL CONSUMER PRICE INDEX. (a) Recognition of Regions.--The Bureau of Labor Statistics of the Department of Labor shall establish and publish a mapping of the United States under which 14 regions are recognized comprising the United States. Each region shall include one of the cities listed in subsection (b). (b) Specified Cities.--The cities specified in this subsection are the following: (1) Atlanta, Georgia; (2) Boston, Massachusetts; (3) Chicago, Illinois; (4) Cleveland, Ohio; (5) Dallas, Texas; (6) Detroit, Michigan; (7) Philadelphia, Pennsylvania; (8) Houston, Texas; (9) Los Angeles, California; (10) Miami, Florida; (11) New York, New York; (12) San Francisco, California; (13) Seattle, Washington; and (14) Washington, District of Columbia. (c) Establishment of Regional Consumer Price Indices.--The Bureau shall establish and publish for each region recognized pursuant to subsection (a) a monthly index for the region, to be known as the ``Regional Consumer Price Index'' for the region, that indicates changes over time in expenditures for consumption which are typical for individuals residing in the region. (d) Effective Date.--The preceding provisions of this section shall apply with respect to calendar months beginning on or after January 1, 2007. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to an individual who, at the time he initially becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible), resides in a region of the United States recognized by the Bureau of Labor Statistics pursuant to section 2(a) of the COLA Fairness Act of 2005, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for such region''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the COLA Fairness Act of 2005,''. (2) Conforming amendments relating to applicable former law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is amended by adding at the end the following new sentence: ``For purposes of computing adjustments under this subsection as so in effect, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for the region in which such individual resides at the time he becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible).''. (b) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended-- (1) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the COLA Fairness Act of 2005 was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the applicable consumer price index, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (2) in section 1821(c)(2)(C)(ii)(II), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``applicable consumer price index''; (3) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``applicable consumer price index''; (4) in section 1833(i)(2)(C)(i), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (5) in section 1834(a)(14)(J), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (6) in section 1834(h)(4)(A)(x), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (7) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (8) in section 1839(i)(5)(A)(ii), by striking ``Consumer Price Index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (9) in section 1842(b)(19), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (10) in section 1842(o)(5)(C), by striking ``consumer price index'' and inserting ``applicable consumer price index''; (11) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (12) in subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``applicable consumer price index'' each place it appears; (13) in clauses (i) and (ii) of section 1860D-14(a)(4)(A), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``applicable consumer price index'' each place it appears; (14) in section 1869(b)(1)(E)(iii), by inserting ``(I) for any such year ending before the second calendar year following the calendar year in which the COLA Fairness Act of 2005 was enacted,'' after ``shall be equal to'', and by inserting after ``the year involved'' the following ``, and (II) for any such year ending with or after such second calendar year, such dollar amounts determined under subclause (I) for the year preceding such second calendar year, increased by the percentage increase in the medical care component (or corresponding component) of the applicable consumer price index, published by the Bureau of Labor Statistics, for July of such preceding year to July preceding the year involved''; (15) in section 1882(p)(11)(C)(ii), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``applicable consumer price index''; (16) in section 1886(h)(2)(E)(vi)(II), by striking ``for all urban consumers''; and (17) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average), as published by the Secretary of Commerce'' and inserting ``applicable consumer price index''. (b) Definition of Applicable Consumer Price Index.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Applicable Consumer Price Index ``(bbb) The term `applicable consumer price index' means, in connection with any person affected by an adjustment to be made under this title based on such index, the Regional Consumer Price Index (as prescribed from time to time by the Bureau of Labor Statistics pursuant to section 2(c) of the COLA Fairness Act of 2005) for the region in which such person resides (in the case of an individual) or maintains principal offices (in any other case) at the time the adjustment takes effect. The Secretary of Health and Human Services shall prescribe by regulation, in connection with each requirement for an adjustment under this title based on a Regional Consumer Price Index, the manner in which such adjustment is to be determined to affect particular persons for purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

COLA Fairness Act of 2005 - Requires the Bureau of Labor Statistics of the Department of Labor to establish: (1) a mapping of the United States comprising 14 specified regions; and (2) particular monthly consumer price indices for such regions for computation of cost-of-living increases for Social Security and Medicare (title XVIII of the Social Security Act) benefits.

That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. Sec. 2. Amendments to the Outer Continental Shelf Lands Act.--The Outer Continental Shelf Lands Act, as amended, is amended by redesignating section 8(a)(3) (43 U.S.C. 1337(a)(3)) as section 8(a)(3)(A) and by adding at the end thereof the following: ``(B) The Secretary may, in order to promote development and new production on a producing or non-producing lease, through primary, secondary, or tertiary recovery means, or to encourage production of marginal or uneconomic resources on a producing or non-producing lease, reduce or suspend any royalty or net profit share set forth in the lease. ``(C)(i) Notwithstanding the provisions of this Act other than this subparagraph, no royalty payment shall be due on new production, as defined in -c-l-a-u-s-e -(-i-i-) clause (iii) of this subparagraph, from any lease located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, and the Eastern Planning Area of the Gulf of Mexico west of the lateral seaward boundary between the States of Florida and Alabama, or for any lease in the frontier areas of Alaska, which shall, at a minimum, include those areas with seasonal sea ice, long distances to existing pipelines and ports, or a lack of production infrastructure, until the capital costs directly related to such new production have been recovered by the lessee out of the proceeds from such new production. ``(ii) With respect to any lease in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, upon application by the lessee, the Secretary shall determine within ninety days of such application whether new production from such lease would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider all costs associated with obtaining, exploring, developing, and producing from the lease. The lessee shall be afforded an opportunity to provide information to the Secretary prior to such determination. Such application may be made on the basis of an individual lease or unit (as defined under the provisions of 30 CFR part 250). If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) of this subparagraph shall not apply to such production. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within sixty days of such application. The Secretary may extend the time period for making any determination under this clause for thirty days if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. In the event that the Secretary fails to make the determination or redetermination upon application by the lessee within the time period, together with any such extension thereof provided for by this clause, the relief from the requirement to pay royalties provided for by clause (i) shall apply to such production. ``-(-i-i-) (iii) For purposes of this subparagraph, the term-- ``(aa) `capital costs' shall be defined by the Secretary and shall include exploration costs incurred after the acquisition of the lease and development costs directly related to new production. The terms `exploration' and `development' shall have the same meaning contained in subsections (k) and (l) of section 2 of this Act except the term `development' shall also include any similar additional development activities which take place after production has been initiated from such lease. Such capital costs shall not include any amounts paid as bonus bids but shall be adjusted to reflect changes in the consumer price index, as defined in section (1)(f)(4) of title 26 of the United States Code; and ``(bb) `new production' is-- ``(I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or ``(II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; and ``-(-i-i-i-) (iv) In any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for Light Sweet crude oil exceeds $28.00 per barrel, any production of oil subject to relief from the requirement to pay royalties under clause (i) of this subparagraph shall be subject to royalties at the lease stipulated rate, and the lessee's gross proceeds from such oil production, less Federal royalties, during such month shall be counted toward the recovery of capital costs under clause (i) of this subparagraph. ``-(-i-v-) (v) In any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas subject to relief from the requirement to pay royalties under clause (i) of this subparagraph shall be subject to royalties at the lease stipulated rate, and the lessee's gross proceeds from such natural gas production, less Federal royalties, during such month shall be counted toward the recovery of capital costs under clause (i) of this subparagraph. ``-(-v-) (vi) The prices referred to in -c-l-a-u-s-e-s -(-i-i-i-) -a-n-d -(-i-v-) clauses (iv) and (v) of this subparagraph shall be changed during any calendar year after -1-9-9-3 1994 by the percentage if any by which the consumer price index changed during the preceding calendar year, as defined in section (1)(f)(4) of title 26 of the United States Code.''. Sec. 3. Regulations.--The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within one hundred and eighty days after the date of enactment of this Act. Sec. 4. Area-Wide Leasing.--The Secretary shall not implement the system of tract nomination for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico under the Outer Continental Shelf Lands Act, and shall use the existing area-wide system of leasing in such areas. Sec. 5. Report to Congress.--(a) The Secretary shall review Federal regulations and policies within the Secretary's jurisdiction which create barriers and disincentives that unnecessarily preclude new production, or result in premature abandonment or suspension of existing production of oil and gas on Federal lands, including the Outer Continental Shelf. Such review, conducted with the participation of all interested parties, shall assess how Federal policies could be modified to reduce compliance costs and improve the cash flow of oil and gas operations on Federal lands. The review shall include administrative compliance, royalty collection, timing of operational and production management requirements, such as permanent plugging and abandonment of wells, and any other requirements which unduly burden natural gas and oil exploration, production and transportation on Federal lands. (b) The Secretary shall evaluate the impact, if any, of current royalty rates for oil and gas on Federal lands, both onshore and offshore, on the viability of undeveloped fields by general category, such as production volume, crude quality, water depth, and distance from existing infrastructure. The review shall be based on current industry technology and cost information, and shall assess how a reduction in Federal oil and natural gas royalties would encourage development. (c) The Secretary shall report to the Committee on Energy and Natural Resources of the United States Senate and to the United States House of Representatives on the review required by this section and actions taken as recommended pursuant to such review, or the reason such actions have not been taken, within ninety days of the date of enactment of this Act.

Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or suspend any royalty or net profit share set forth in a lease in order to promote development and new production and to encourage production of marginal or uneconomic resources. Declares that with respect to leases in certain Planning Areas of the Gulf of Mexico, and certain leases in the Alaska frontier, royalty payment shall not be due on new production until the capital costs directly related to production have been recovered out of new production proceeds. Prescribes procedures under which the Secretary shall determine whether such relief from royalty payments shall apply. Prohibits the Secretary from implementing a tract nomination system for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico. Requires the Secretary to use the existing area-wide leasing system instead. Directs the Secretary to review and report to certain congressional committees on Federal regulations which create disincentives to oil and gas production on Federal lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2009''. SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with ``Code.'' is amended to read as follows: ``Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.''. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. The sixth undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows: ``Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.''. SEC. 4. LIMITATION OF PRIMARY JURISDICTION. The Clayton Act is amended by adding at the end thereof the following: ``Sec. 29. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.''. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking ``subject to jurisdiction'' and all that follows through the first semicolon and inserting ``subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);''. (b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking ``common carriers subject'' and inserting ``common carriers, except for railroads, subject''. SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS. Section 4 of the Clayton Act (15 U.S.C. 15) is amended by-- (1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) inserting after subsection (a) the following: ``(b) Subsection (a) shall apply to a common carrier by railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.''. SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``, and the Sherman Act (15 U.S.C. 1 et seq.),'' and all that follows through ``or carrying out the agreement'' in the third sentence; (B) in paragraph (4)-- (i) by striking the second sentence; and (ii) by striking ``However, the'' in the third sentence and inserting ``The''; and (C) in paragraph (5)(A), by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement''; and (2) by striking subsection (e) and inserting the following: ``(e) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' in the first sentence and inserting ``Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority''; and (B) by striking ``is exempt from the antitrust laws and from all other law,'' in the third sentence and inserting ``is exempt from all other law (except the antitrust laws referred to in subsection (c)),''; and (2) by adding at the end the following: ``(c) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322 of title 49, United States Code. ``(2) Antitrust analysis to consider impact.--In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.''. (c) Conforming Amendments.-- (1) The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) The item relating to such section in the chapter analysis at the beginning of chapter 107 of such title is amended to read as follows: ``10706. Rate agreements.''. SEC. 8. EFFECTIVE DATE. (a) In General.--Subject to the provisions of subsection (b), this Act shall take effect on the date of enactment of this Act. (b) Conditions.-- (1) Previous conduct.--A civil action under section 4, 15, or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) may not be filed with respect to any conduct or activity that occurred prior to the date of enactment of this Act that was previously exempted from the antitrust laws as defined in section 1 of the Clayton Act (15 U.S.C. 12) by orders of the Interstate Commerce Commission or the Surface Transportation Board issued pursuant to law. (2) Grace period.--A civil action or complaint described in paragraph (1) may not be filed earlier than 180 days after the date of enactment of this Act with respect to any previously exempted conduct or activity or previously exempted agreement that is continued subsequent to the date of enactment of this Act.

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB). Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions. Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency.

SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS. (a) Short Title; Findings.-- (1) Short title.--This section may be cited as the ``Stop Counterfeiting in Manufactured Goods Act''. (2) Findings.--The Congress finds that-- (A) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; (B) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; (C) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; (D) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; (E) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; (F) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and (G) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners. (b) Trafficking in Counterfeit Marks.--Section 2320 of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after ``such goods or services'' the following: ``, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,''. (2) Subsection (b) is amended to read as follows: ``(b)(1) The following property shall be subject to forfeiture to the United States and no property right shall exist in such property: ``(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a). ``(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a). ``(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law. ``(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States-- ``(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense; ``(ii) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and ``(iii) any article that bears or consists of a counterfeit mark used in committing the offense. ``(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. ``(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). ``(5) The term `victim', as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).''. (3) Subsection (e)(1) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) a spurious mark-- ``(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; ``(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; ``(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and ``(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or''; and (B) by amending the matter following subparagraph (B) to read as follows: ``but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.''. (4) Section 2320 is further amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.''. (c) Sentencing Guidelines.-- (1) 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 subsection, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 2318 or 2320 of title 18, United States Code. (2) 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. (3) Responsibilities of united states sentencing commission.-- In carrying out this subsection, the United States Sentencing Commission shall determine whether the definition of ``infringement amount'' set forth in application note 2 of section 2B5.3 of the Federal sentencing guidelines is adequate to address situations in which the defendant has been convicted of one of the offenses listed in paragraph (1) and the item in which the defendant trafficked was not an infringing item but rather was intended to facilitate infringement, such as an anti-circumvention device, or the item in which the defendant trafficked was infringing and also was intended to facilitate infringement in another good or service, such as a counterfeit label, documentation, or packaging, taking into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir. 1996). SEC. 2. TRAFFICKING DEFINED. (a) Short Title.--This section may be cited as the ``Protecting American Goods and Services Act of 2005''. (b) Counterfeit Goods or Services.--Section 2320(e) of title 18, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) the term `traffic' means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) the term `financial gain' includes the receipt, or expected receipt, of anything of value; and''. (c) Conforming Amendments.-- (1) Sound recordings and music videos of live musical performances.--Section 2319A(e) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) the term `traffic' has the same meaning as in section 2320(e) of this title.''. (2) Counterfeit labels for phonorecords, computer programs, etc.--Section 2318(b) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) the term `traffic' has the same meaning as in section 2320(e) of this title;''. (3) Anti-bootlegging.--Section 1101 of title 17, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Definition.--In this section, the term `traffic' has the same meaning as in section 2320(e) of title 18.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here. Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive. Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse. Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount." Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Message Preservation Act''. SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES. (a) Requirement for Preservation of Electronic Messages.-- (1) In general.--Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2911. Electronic messages ``(a) Regulations Required.--Not later than 18 months after the date of the enactment of this section, the Archivist shall promulgate regulations governing agency preservation of electronic messages that are records. Such regulations shall, at a minimum-- ``(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33 of this title; ``(2) require that such electronic records are readily accessible for retrieval through electronic searches; ``(3) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2); ``(4) establish a process to certify that Federal agencies' electronic records management systems meet the functional requirements established under paragraph (3); and ``(5) include timelines for agency compliance with the regulations that ensure compliance as expeditiously as practicable but not later than four years after the date of the enactment of this section. ``(b) Coverage of Other Electronic Records.--To the extent practicable, the regulations promulgated under subsection (a) shall also include requirements for the capture, management, and preservation of other electronic records. ``(c) Compliance by Federal Agencies.--Each Federal agency shall comply with the regulations promulgated under subsection (a). ``(d) Review of Regulations Required.--The Archivist shall periodically review and, as necessary, amend the regulations promulgated under this section. ``(e) Reports on Implementation of Regulations.-- ``(1) Agency report to archivist.--Not later than four years after the date of the enactment of this section, the head of each Federal agency shall submit to the Archivist a report on the agency's compliance with the regulations promulgated under this section. ``(2) Archivist report to congress.--Not later than 90 days after receipt of all reports required by paragraph (1), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under this section.''. (2) Clerical amendment.--The table of sections for chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2910 the following new item: ``2911. Electronic messages.''. (b) Definitions.--Section 2901 of title 44, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(16) the term `electronic messages' means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and ``(17) the term `electronic records management system' means a software system designed to manage electronic records within an information technology system, including by-- ``(A) categorizing and locating records; ``(B) ensuring that records are retained as long as necessary; ``(C) identifying records that are due for disposition; and ``(D) the storage, retrieval, and disposition of records.''. SEC. 3. PRESIDENTIAL RECORDS. (a) Additional Regulations Relating to Presidential Records.-- (1) In general.--Section 2206 of title 44, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) provisions for establishing standards necessary for the economical and efficient management of Presidential records during the President's term of office, including-- ``(A) records management controls necessary for the capture, management, and preservation of electronic messages; ``(B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; and ``(C) a process to certify the electronic records management system to be used by the President for the purposes of complying with the requirements in subparagraphs (A) and (B).''. (2) Definition.--Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs: ``(5) The term `electronic messages' has the meaning provided in section 2901(16) of this title. ``(6) The term `electronic records management system' has the meaning provided in section 2901(17) of this title.''. (b) Certification of President's Management of Presidential Records.-- (1) Certification required.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2208. Certification of the President's management of Presidential records ``(a) Annual Certification.--The Archivist shall annually certify whether the records management controls established by the President meet requirements under sections 2203(a) and 2206(5) of this title. ``(b) Report to Congress.--The Archivist shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives on the status of the certification.''. (2) Clerical amendment.--The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following new item: ``2208. Certification of the President's management of Presidential records.''. (c) Report to Congress.--Section 2203(f) of title 44, United States Code, is amended by adding at the end the following: ``(4) One year following the conclusion of a President's term of office, or if a President serves consecutive terms one year following the conclusion of the last term, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on-- ``(A) the volume and format of Presidential records deposited into that President's Presidential archival depository; and ``(B) whether the records management controls of that President met the requirements under sections 2203(a) and 2206(5) of this title.''. (d) Effective Date.--The amendments made by this section shall take effect one year after the date of the enactment of this Act. SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED RECORDS FROM NATIONAL ARCHIVES. (a) In General.--The Archivist of the United States shall prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records, including when such records are accessed or searched electronically. The procedures shall include the following prohibitions: (1) No person, other than personnel of the National Archives and Records Administration (in this section hereafter referred to as ``NARA personnel''), shall view classified records in any room that is not secure except in the presence of NARA personnel or under video surveillance. (2) No person, other than NARA personnel, shall at any time be left alone with classified records, unless that person is under video surveillance. (3) No person, other than NARA personnel, shall conduct any review of documents while in the possession of any cell phone or other personal communication device. (4) All persons seeking access to classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review. (5) All notes and other writings prepared by persons during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility. (b) Definition of Records.--In this section, the term ``records'' has the meaning provided in section 3301 of title 44, United States Code. SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS. Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection: ``(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.''. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Electronic Message Preservation Act - Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records. Requires the head of each federal agency to report to the Archivist on the agency's compliance with the Archivist's regulations. Requires the Archivist to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on federal agency compliance. Requires the Archivist to: (1) establish standards for the management of presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the status of such certification. Requires the Archivist to report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of presidential records deposited into the archival depository; and (2) whether records management controls of a President meet the requirements of this Act and the Presidential Records Act. Requires the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records. Prohibits the Archivist from providing access to original presidential records to individuals who have been convicted of a crime relating to the review, retention, removal, or destruction of records of the National Archives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2006''. SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with ``Code.'' is amended to read as follows: ``Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.''. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. The sixth undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows: ``Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for agreements described in section 10706 of title 49, United States Code, and transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.''. SEC. 4. LIMITATION OF PRIMARY JURISDICTION. The Clayton Act is amended by adding at the end thereof the following: ``Sec. 29. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.''. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking ``subject to jurisdiction'' and all that follows through the first semicolon and inserting ``subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);''. (b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 44(a)(1)) is amended by striking ``common carriers subject'' and inserting ``common carriers, except for railroads, subject''. SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS. Section 4 of the Clayton Act (15 U.S.C. 15) is amended by-- (1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) inserting after subsection (a) the following: ``(b) Subsection (a) shall apply to common carriers by rail subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.''. SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``, and the Sherman Act (15 U.S.C. 1 et seq.),'' and all that follows through ``or carrying out the agreement'' in the third sentence; (B) in paragraph (4)-- (i) by striking the second sentence; and (ii) by striking ``However, the'' in the third sentence and inserting ``The''; and (C) in paragraph (5)(A), by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement''; and (2) by striking subsection (e) and inserting the following: ``(e) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board and any other reviewing agency shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' in the first sentence and inserting ``Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority''; and (B) by striking ``is exempt from the antitrust laws and from all other law,'' in the third sentence and inserting ``is exempt from all other law (except the antitrust laws referred to in subsection (c)),''; and (2) by adding at the end the following: ``(c) Application of Antitrust Laws.-- ``(1) In general.--Nothing in this section exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). ``(2) Antitrust analysis to consider impact.--In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board and any other reviewing agency shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.''. (c) Conforming Amendments.-- (1) The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) The item relating to such section in the chapter analysis at the beginning of chapter 107 of such title is amended to read as follows: ``10706. Rate agreements.''.

Railroad Antitrust Enforcement Act of 2006 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction the Surface Transportation Board (STB). Revises the declaration that prohibitions against mergers and acquisitions that tend to create monopolies shall not apply to certain transactions duly consummated pursuant to specified federal authority. Excepts specified rate agreements between two or more rail carriers (collective rate agreements) and certain transactions, including railroad mergers and acquisitions, from specified antitrust exemptions. Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Applies to rail common carriers subject to STB jurisdiction requirements governing the amount of recovery or prejudgment interest (treble damages) by injured persons, without regard to whether: (1) such railroads have filed rates; or (2) a complaint has been filed that challenges a rate. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, and other reviewing agencies, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Insurance Backstop Extension Act of 2005''. SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM. (a) Program Years 4 and 5.--Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs: ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006. ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007.''. (b) Insurer Deductible.--Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by redesignating subparagraph (E) as subparagraph (H); (2) in subparagraph (D), by striking ``and'' at the end; (3) by inserting after subparagraph (D) the following new subparagraphs: ``(E) for Program Year 4, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent; ``(F) for Program Year 5, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and''; (4) in subparagraph (H) (as so redesignated by paragraph (1) of this subsection)-- (A) by striking ``(D)'' and inserting ``(F)''; and (B) by striking ``or Program Year 3'' and inserting ``Program Year 3, Program Year 4, or Program Year 5''. (c) Mandatory Availability.--Subsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following: ``(c) Mandatory Availability.--During the Program, each entity that meets the definition of an insurer under section 102--''; (2) by striking paragraph (2); and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin. (d) Insured Loss Shared Compensation.--Subsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in paragraph (2)(A), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, Program Year 5, or the final Program Year''; (2) in paragraph (3), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, Program Year 5, or the final Program Year''; (3) in paragraph (6)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: ``(D) for Program Year 4, the lesser of-- ``(i) $17,500,000,000; and ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; ``(E) for each of Program Year 5 and the Final Program Year, the lesser of-- ``(i) $20,000,000,000; and ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and''; and (4) in paragraph (7)-- (A) in subparagraph (A), by striking ``and (C)'' and inserting ``(C), (D), and (E)''; and (B) in subparagraphs (B) and (C), by striking ``or (C)'' each place such term appears and inserting ``(C), (D), or (E)''. (e) Coverage of Group Life Insurance.-- (1) In general.--Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting ``or group life'' after ``property and casualty''. (2) Technical and conforming amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (A) in section 102-- (i) in paragraph (1)-- (I) in subparagraph (B)(i), by inserting ``or group life insurance'' after ``workers' compensation''; and (II) in subparagraph (B)(ii), by inserting ``and group life insurance'' after ``property and casualty insurance''; (ii) in paragraph (4)-- (I) by inserting ``or for group life insurance'' after ``property and casualty insurance''; and (II) by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (iii) in paragraph (5), by inserting ``and group life insurance'' after ``workers' compensation''; and (iv) in paragraph (6)-- (I) in subparagraph (A)(i), by inserting ``property and casualty or group life'' after ``excess''; (II) in subparagraph (B), by inserting ``or group life insurance coverage'' after ``property and casualty insurance coverage''; (v) by redesignating paragraphs (5) through (16) as paragraphs (6) through (17), respectively; and (vi) by inserting after paragraph (4), the following new paragraph: ``(5) Group life insurance.--The term `group life insurance' means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.''; (B) in section 103-- (i) in subsection (b)(1), by inserting ``(including a named beneficiary in the case of a group life insurance policy)'' before the second comma; (ii) in subsection (c)-- (I) in paragraph (1) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty''; and (II) in paragraph (2) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty''; (iii) in subsection (e)-- (I) in paragraph (6), by striking ``For'' and inserting ``Except as provided in subparagraph (F) of this paragraph, for''; (II) in paragraph (6), by inserting after subparagraph (E) (as added by subsection (d)(3)(C) of this section) the following new subparagraph: ``(F) for each of the periods referred to in subparagraphs (A) through (E), the amounts provided under such subparagraphs, as such amounts shall be increased by the Secretary before the expiration of the 90-day period beginning on the date of the enactment of the Terrorism Insurance Backstop Extension Act of 2005, based on the increase in the size of the Program caused by the inclusion of group life insurance pursuant to such Act, in proportion to the increased premiums involved.''; (III) in paragraph (7)(C), by inserting ``or group life insurance'' after ``workers compensation''; (IV) in paragraph (8)(A)(i), by inserting ``and group life'' after ``property and casualty''; and (V) in paragraph (8), by inserting ``or group life'' after ``property and casualty'' each place such term appears in subparagraphs (A)(iii) and (C); and (iv) by striking subsection (h); (C) in section 105(c), by inserting ``or group life'' after ``property and casualty''; and (D) in section 108(d)(1), by inserting ``and the group life insurance industry'' after ``property and casualty insurance industry''. (3) Required rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to carry out this subsection. (f) Study on Long-Term Solutions.--Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection: ``(h) Study on Long-Term Solutions.--By September 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop.''. (g) Termination of Program.-- (1) Termination.--Subsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2007''. (2) Final gao study and report.--Subsection (d) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph: ``(3) Final gao study and report.--The Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study.''. SEC. 3. FINAL PROGRAM YEAR. (a) Definition.--Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subparagraph: ``(G) Final program year.--The term `Final Program Year' means the period beginning on January, 1, 2008 and ending on December 31, 2008.''. ''. (b) Insured Losses.--Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding after and below subparagraph (B) the following new sentence: ``With respect to the Final Program Year, such term means only such losses as are described in the preceding sentence that are covered by primary or excess property and casualty insurance or group life insurance, that is issued before January 1, 2008, and expires not later than December 31, 2008; except that the Secretary may exclude from insured losses for the Final Program Year losses covered by a policy for such insurance if the Secretary determines that the primary purpose in establishing the particular term of the policy was obtaining compensation under the Program for losses covered by the policy.''. (c) Insurer Deductible.--Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended by the preceding provisions of this Act, is further amended by inserting after subparagraph (F) the following new subparagraph: ``(G) for the Final Program Year, the value of an insurer's direct earned premiums for the terms remaining under any policies for insurance described in the last sentence of paragraph (5) as of the occurrence of the act of terrorism during such Year that results in insured losses, as determined by the Secretary, multiplied by 20 percent; and''.

Terrorism Insurance Backstop Extension Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, from December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007). Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance. Sunsets the Terrorism Risk Insurance Program after December 31, 2007. Details the treatment of insured losses and the insurer deductible for the Final Program Year (January 1, 2008, through December 31, 2008).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Identity Theft Prevention Act of 2010''. SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new clause: ``(xi) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost- effective procedures to ensure that a social security account number (or any derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is easily identifiable as not being the social security account number (or a derivative thereof).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 24 months after the date adequate funding is provided pursuant to subsection (d)(2). (2) Reissuance.--Subject to subsection (d)(2), in the case of individuals who have been issued such cards before such date, the Secretary of Health and Human Services-- (A) shall provide for the reissuance for such individuals of such a card that complies with such amendment not later than 3 years after the effective date specified under paragraph (1); and (B) may permit such individuals to apply for the reissuance of such a card that complies with such amendment before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify. (c) Outreach Program.--Subject to subsection (d)(2), the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall conduct an outreach program to Medicare beneficiaries and providers about the new Medicare card provided under this section. (d) Report to Congress and Limitations on Effective Date.-- (1) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and in consultation with the Commissioner of Social Security, shall submit to Congress a report that includes detailed options regarding the implementation of this section, including line-item estimates of and justifications for the costs associated with such options and estimates of timeframes for each stage of implementation. In recommending such options, the Secretary shall take into consideration, among other factors, cost- effectiveness and beneficiary outreach and education. (2) Limitation; modification of deadlines.--With respect to the amendment made by subsection (a), and the requirements of subsections (b) and (c)-- (A) such amendment and requirements shall not apply until adequate funding is appropriated pursuant to paragraph (3) to implement the provisions of this section, as determined by Congress; and (B) any deadlines otherwise established under this section for such amendment and requirements are contingent upon the receipt of adequate funding (as determined in subparagraph (A)) for such implementation. The previous sentence shall not affect the timely submission of the report required under paragraph (1). (3) Authorization of appropriations.-- (A) In general.--In addition to any amounts made available to the Secretary of Health and Human Services for the Program Management Account of the Centers for Medicare & Medicaid Services for administrative expenses and to the Commissioner of Social Security for administrative expenses, and subject to subparagraph (B), taking into consideration the report submitted under paragraph (1), there are authorized to be appropriated such sums as are necessary to carry out the previous subsections of this section, including section 205(c)(2)(C)(xi) of the Social Security Act, as added by subsection (a), for each of the five fiscal years beginning after the date of submittal of the report under paragraph (1). (B) Limitation.--Such funds are not authorized to be appropriated until after receipt of the report provided under paragraph (1).

Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban and Rural Disease Prevention and Health Promotion Act of 2005''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) in 1999, 61 percent of adults in the United States were overweight or obese; (2) all age, racial, and ethnic groups, and both genders, have experienced increases in the percentage of persons who are overweight or obese; (3) each year in the United States, approximately 112,000 deaths are associated with obesity; (4) overweight and obesity are associated with heart disease, certain types of cancer, type 2 diabetes, stroke, arthritis, breathing problems, and psychological disorders, such as depression; (5) in 2000, the economic cost of obesity in the United States was approximately $117,000,000,000; (6) it is recommended that American adults accumulate at least 30 minutes, and American children accumulate at least 60 minutes, of moderate physical activity most days of the week, though more may be needed to prevent weight gain, to lose weight, or to maintain weight loss; (7) less than one-third of American adults engage in these recommended amounts of physical activity; (8) 40 percent of adults in the United States do not participate in any leisure-time physical activity; (9) physical activity is important in preventing and treating overweight and obesity and is extremely helpful in maintaining weight loss, especially when combined with healthy eating; (10) there is a direct positive relationship between the level of individual and community use of public recreational facilities and services, access to and condition of such facilities, and the diversity and quality of services relative to current and potential uses; and (11) medical and other research document a direct positive relationship between active recreation and disease prevention and general wellness. SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH PROMOTION CENTERS. (a) Authority.--The Secretary of Housing and Urban Development may make grants and loans in accordance with this Act to eligible entities under section 4 for the development of indoor centers for disease prevention and health promotion. (b) Centers.--For purposes of this Act, the term ``indoor disease prevention and health promotion center'' means a structure or facility, or a portion thereof, that-- (1) is used principally as an indoor recreational facility providing services, programs, and activities that result in disease prevention and health promotion, including direct recreation services for individuals and groups, information on public and personal health and wellness, health screening, and other necessary services in collaboration with public and private health professionals and other entities; (2) is owned or controlled by the eligible entity that receives the grant or loan under this Act; (3) is available for use by, and provides services to, residents of the jurisdiction of such eligible entity free of charge or at a charge not exceeding that necessary to provide for operation and maintenance of the facility and for appropriate public recreation services; and (4) is subject to such legally binding and enforceable commitments, as the Secretary shall require, to ensure that the structure or facility, or portion thereof, is used as provided in paragraph (1) for the 25-year period beginning upon the receipt of a grant or loan made under this Act; except that the Secretary may, upon the request of an entity that received a grant or loan under this Act, waive the applicability of such commitments if the Secretary finds that-- (A) environmental or other conditions have substantially reduced the public value of the facility or public access to the facility; or (B) the site or facility has substantially deteriorated, through no fault of the entity that received the grant or loan, and such entity enters into an agreement with the Secretary to obtain or provide a replacement facility that generally provides access to services for persons that were served at the original facility. SEC. 4. ELIGIBLE ENTITIES. Grants and loans under this Act may be made only to the following entities: (1) A unit of general local government. (2) An official State, metropolitan, regional, or other area agency, district, public-purpose corporation, or other limited-purpose political subdivision of a State, that is empowered under State or local laws or under an interstate compact or agreement to manage, administer, or provide public parks and recreational facilities. (3) Public authorities or agencies associated with economic or community development or restoration, whose activities support capital investments for public recreation. SEC. 5. ELIGIBLE USES OF ASSISTANCE. Amounts from a grant or loan under this Act may be used only for the development of indoor centers for disease prevention and health promotion, which shall include the following activities: (1) Planning. (2) Design. (3) Site acquisition, preparation, and construction. (4) Assessment of, and response to, site environmental conditions. (5) Landscaping. (6) New construction. (7) Rehabilitation of existing recreational structures and facilities. (8) Enhancement and expansion of public infrastructure. (9) Acquisition and conversion of existing non-recreational structures and facilities. SEC. 6. GRANT AND LOAN REQUIREMENTS. (a) Amount.--The Secretary may not make a grant or loan under this Act for any fiscal year to any eligible entity that has received a grant or loan during any of the preceding three fiscal years. (b) Loans.--Loans made with amounts made available under this Act shall be subject to the following requirements: (1) No interest loans.--Loans shall not bear interest. (2) Term.--Loans shall have a term to maturity not to exceed 10 years. (3) Revolving loan fund.--Loan amounts repaid to the Secretary shall be available to the Secretary, without fiscal year limitation, for making additional loans under this Act. (4) Other conditions.--Loans shall be subject to such other terms and conditions as the Secretary may establish. (c) Applications.--The Secretary shall provide for eligible entities to submit applications for grants and loans under this Act. (d) Selection Criteria.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall cause to be published in the Federal Register a list of criteria for the selection of applicant eligible entities for grants and loans under this Act. Such criteria shall be based upon factors that the Secretary considers are appropriate to determine need among communities for Federal financial assistance for development of indoor disease prevention and health promotion centers. (e) Review of Applications and Selection.-- (1) Review panel.--The Secretary shall appoint a panel of experts in the fields of public recreation, public health, and community health care to review applications for grants and loans under this Act and to make recommendations to the Secretary for selection of such applications for grants and loans based upon the criteria established pursuant to subsection (d). (2) Selection.--The Secretary shall select eligible entities that have submitted applications for grants and loans under this Act to receive such assistance, based upon the criteria established pursuant to subsection (d) and taking into consideration the recommendations of the panel established pursuant to paragraph (1) of this subsection. SEC. 7. ALLOCATION OF AMOUNTS. (a) Regional Allocation.--Of any amounts made available for assistance under this Act for each fiscal year-- (1) 50 percent shall be made available for grants and loans for the development of indoor disease prevention and health promotion centers that will be located in units of general local government having a population of 50,000 or less; and (2) 50 percent shall be made available for grants and loans for the development of indoor disease prevention and health promotion centers that will be located in units of general local government having a population of more than 50,000. (b) Allocation for Grants and Loans.--Of any amounts made available for assistance under this Act for each fiscal year, the Secretary shall make not more than 10 percent available for loans under this Act. SEC. 8. MATCHING FUNDS REQUIREMENT. (a) In General.--The amount of a grant made under this Act by the Secretary to any eligible entity may not exceed the amount that the eligible entity certifies, as the Secretary shall require, that the entity will contribute from non-Federal sources for the activities under section 5. (b) Supplemental Funds.--In determining the amount contributed for purposes of meeting the requirement under subsection (a), an eligible entity may include the value of any donated material or building, the value of any lease on a building, and the value of any administrative or other costs incurred by an eligible entity relating to carrying out the activities assisted with amounts provided under this Act and amounts contributed under this section. SEC. 9. LABOR. (a) In General.--Any contract for activities described in section 5 for an indoor center for disease prevention and health promotion that is developed in whole or in part with amounts made available under this Act shall contain-- (1) a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development of the center involved; and (2) a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to subchapter IV of chapter 31 of title 40, United States Code (40 U.S.C. 3141 et seq.), shall be paid to all laborers and mechanics employed in the development of the center involved. (b) Compliance.--Each eligible entity receiving assistance under this Act shall require certification as to compliance with the provisions of this section before making any payment under such contract. (c) Inapplicability to Volunteers.--Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the development work. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible entity.--The term ``eligible entity'' means any entity that, under section 4, is eligible to receive a grant or loan under this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) Unit of general local government.--The term ``unit of general local government'' means any city, town, township, county, parish, village, or other general purpose political subdivision of a State. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary for grants and loans under this Act-- (1) $100,000,000 for fiscal year 2006; (2) $125,000,000 for fiscal year 2007; (3) $150,000,000 for fiscal year 2008; (4) $175,000,000 for fiscal year 2009; and (5) $200,000,000 for fiscal year 2010. SEC. 12. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act.

Urban and Rural Disease Prevention and Health Promotion Act of 2005 - Authorizes the Secretary of Housing and Urban Development to make matching grants and loans to state and local government agencies and community development public authorities for the development of indoor centers for disease prevention and health promotion that are: (1) used principally as indoor recreational facilities; (2) owned or controlled by the entity receiving the grant; (3) available for use by residents of the jurisdiction free of charge or at a fee necessary to provide for the operation and maintenance of the facility; and (4) subject to legally binding and enforceable commitments as to the availability of the facility for 25 years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detection Canine Augmentation Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Detection canines are an important part of a layered homeland security system to prepare for, respond to, mitigate against, and prevent acts of terrorism. (2) Detection canines can be deployed quickly and can move easily throughout a variety of areas, including mass transit systems, airports, cargo areas, sea ports, the Nation's borders, ports of entry, office buildings, and stadiums. (3) Detection canines can be trained to detect a variety of items, such as explosives, narcotics, concealed humans, and cadavers. (4) Detection canines can be utilized in situations where detection technologies are unavailable, immobile, or not cost- effective. (5) There is a shortage of detection canines available to assist Federal, State, and local law enforcement personnel as they put their lives at risk daily to protect the Nation. (6) The Congress has authorized 2,000 new Border Patrol agents for each of the next 5 years without a corresponding increase in the number of detection canines deployed with these Border Patrol agents. (7) Detection canines have been deployed to the Nation's busiest airports. However, the Transportation Security Administration must increase the capacity of its canine training program in order to train and deploy canines to the Nation's mass transit systems. (8) Urban search and rescue canines and cadaver detection canines were used effectively in the Gulf Coast region to respond to Hurricanes Katrina and Rita. (9) The Bureau of United States Customs and Border Protection, the United States Secret Service, the Coast Guard, and the Federal Protective Service regularly use detection canines to secure National Special Security Events, protect Federal buildings and their occupants, and protect the Nation's sea ports. (10) The Subcommittee on Management, Integration, and Oversight of the Committee on Homeland Security of the House of Representatives held a hearing on September 28, 2005, regarding the use of detection canines in support of homeland security activities. At the hearing, Subcommittee Members were informed by several Federal agencies, a local transit police department, a private canine security company, and a university-based canine training center that there is a shortage of trained detection canines. SEC. 3. INCREASING THE NUMBER OF TRAINED DETECTION CANINES. In each of fiscal years 2007 through 2011, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of trained detection canines as follows: (1) Customs and border protection.--Increase by not less than 25 percent the number of trained canine detection teams deployed at and between the Nation's ports of entry. (2) Transportation security administration.--Increase by not less than 25 percent the number of trained detection canines deployed at the Nation's airports and mass transit systems. (3) Coast guard, united states secret service, federal protective service, and federal emergency management agency.-- Increase by not less than 25 percent the number of trained detection canine teams available to Coast Guard stations, Secret Service operations, and Federal Protective Service operations across the country, and to the Federal Emergency Management Agency to ensure their availability as needed in emergencies. SEC. 4. COORDINATION AND ENHANCEMENT OF CANINE TRAINING PROGRAMS. (a) In General.--The Secretary of Homeland Security shall-- (1) fully coordinate the Department of Homeland Security's canine training programs that support the Department's counter- terrorism, counter-smuggling, transportation security, border security, and other missions, including with respect to the research and development of new training methods; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other Federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to Federal, State, and local law enforcement agencies. (b) Report.--The Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate within 120 days after the date of the enactment of this Act regarding the Department's plan to coordinate and consolidate its canine training programs. The report shall include how the Department will increase coordination with other Federal agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Justice, that operate canine training programs. SEC. 5. CANINE PROCUREMENT. The Secretary of Homeland Security shall-- (1) make it a priority to increase the number of domestically bred canines used by the Department of Homeland Security to assist in its counter-terrorism mission, including the protection of ports of entry and along the United States border; and (2) consult with other Federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines and consolidate canine procurement, where possible, across the Federal Government to reduce the cost of purchasing canines.

Detection Canine Augmentation Act of 2005 - Directs the Secretary of Homeland Security to increase the number of trained detection canines at specified federal agencies. Directs the Secretary to: (1) coordinate fully the Department of Homeland Security's canine training programs that support its counter-terrorism, counter-smuggling, transporation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to federal, state, and local law enforcement agencies. Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used to assist in the Department's counter-terrorism mission; and (2) consult with other federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines, and consolidate canine procurement, where possible, across the federal government to reduce the cost of purchasing canines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation $1 Coin Act''. SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM. Section 5112 of title 31, United States Code, is amended by inserting after subsection (v) the following new subsection: ``(w) Redesign and Issuance of $1 Coins Honoring Innovation and Innovators From Each State, the District of Columbia, and Each Territory.-- ``(1) Redesign beginning in 2019.-- ``(A) In general.--Notwithstanding subsection (d)(1) and subsection (d)(2) and in accordance with the provisions of this subsection, during the 14-year period beginning on January 1, 2019 (or such later date as provided under subparagraph (B)(ii)), the Secretary of the Treasury shall mint and issue $1 coins to be known as `American Innovation $1 coins', that-- ``(i) have designs on the obverse selected in accordance with paragraph (2)(A); and ``(ii) have a design on the reverse selected in accordance with paragraph (2)(B). ``(B) Continuity provisions.-- ``(i) In general.--Notwithstanding subparagraph (A), the Secretary shall continue to mint and issue $1 coins honoring Native Americans and their contributions in accordance with subsection (r). ``(ii) First coin.--Notwithstanding subparagraph (A), if the Secretary finds that it is feasible and cost- effective, the Secretary may mint and issue a $1 coin in 2018 to introduce the series of coins described in this subsection, that-- ``(I) has the obverse described under paragraph (2)(A); ``(II) has a reverse that bears the inscription `United States of America' and `American Innovators' and a representation of the signature of President George Washington on the first United States patent issued; ``(III) has the edge-incusing described under paragraph (2)(C); and ``(IV) the design for which has reviewed by the Citizens Coinage Advisory Committee. ``(C) Definition of territory.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(2) Design requirements.--Notwithstanding subsection (d)(1) and subsection (d)(2), the $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements: ``(A) Coin obverse.--The common design on the obverse of each coin issued under this subsection shall contain-- ``(i) a likeness of the Statue of Liberty extending to the rim of the coin and large enough to provide a dramatic representation of Liberty; ``(ii) the inscription `$1'; and ``(iii) the inscription `In God We Trust'. ``(B) Coin reverse.--The design on the reverse of each coin issued under this subsection shall bear the following: ``(i) An image or images emblematic of one of the following from one of the 50 States, the District of Columbia, or the territories of the United States: ``(I) A significant innovation. ``(II) An innovator. ``(III) A group of innovators. ``(ii) The name of the State, the District of Columbia, or territory, as applicable. ``(iii) The inscription `United States of America'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting or issuance of the coin, the mint mark, and the inscription `E Pluribus Unum' shall be edge-incused into the coin. ``(ii) Preservation of distinctive edge.--The edge- incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(3) Issuance of coins commemorating innovation or innovators.-- ``(A) Order of issuance.-- ``(i) In general.--The coins issued under this subsection commemorating either an innovation, an individual innovator, or a group of innovators, from each State, the District of Columbia, or a territory shall be issued in the following order: ``(I) State.--With respect to each State, the coins shall be issued in the order in which the States ratified the Constitution of the United States or were admitted into the Union, as the case may be. ``(II) District of columbia and territories.--After all coins are issued under subclause (I), the coins shall be issued for the District of Columbia and the territories in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(ii) Application in event of the admission of additional states.--Notwithstanding clause (i), if any additional State is admitted into the Union before the end of the 14-year period referred to in paragraph (1), the Secretary of the Treasury may issue a $1 coin with respect to the additional State in accordance with clause (i)(I). ``(iii) Application in the event of independence or adding of a territory.--Notwithstanding clause (i)-- ``(I) if any territory becomes independent or otherwise ceases to be a territory of the United States before $1 coins are minted pursuant to this subsection, the subsection shall cease to apply with respect to such territory; and ``(II) if any new territory is added to the United States, $1 coins shall be issued for such territories in the order in which the new the territories are added, beginning after the $1 coin is issued for the Commonwealth of the Northern Mariana Islands. ``(B) Issuance of coins commemorating four innovations or innovators during each of 14 years.-- ``(i) In general.--Four $1 coin designs as described in this subsection shall be issued during each year of the period referred to in paragraph (1) until 1 coin featuring 1 innovation, an individual innovator, or a group of innovators, from each of the States, the District of Columbia, and territories has been issued. ``(ii) Number of coins of each design.--The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins that shall be issued with each of the designs selected for each year of the period referred to in paragraph (1). ``(4) Selection of concept and design.-- ``(A) Concept.--With respect to each State, the District of Columbia, and each territory to be honored with a coin under this subsection, the selection of the significant innovation, innovator, or group of innovators to be borne on the reverse of such coin shall be made by the Secretary of the Treasury, after consultation with the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection. ``(B) Design.--Each of the designs required under this subsection shall be selected by the Secretary after-- ``(i) consultation with-- ``(I) the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection; and ``(II) the Commission of Fine Arts; and ``(ii) review by the Citizens Coinage Advisory Committee. ``(C) Selection and approval process.--Proposals for designs for $1 coins under this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any $1 coin minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person and no portrait of a living person may be included in the design of any coin issued under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all $1 coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(7) Termination of program.--The issuance of coins under this subsection shall terminate when one innovation, an individual innovator, or a group of innovators, from each State, the District of Columbia, and each territory has been honored and may not be resumed except by an Act of Congress.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Innovation $1 Coin Act (Sec. 2) This bill directs the Department of the Treasury, over a 14-year period beginning in 2019, to mint and issue "American Innovation" $1 coins commemorating innovation and innovators from each state, each U.S. territory, and the District of Columbia. Such coins shall be issued in the order in which the states ratified the Constitution or were admitted into the Union. After all such coins are issued, coins shall be issued for the District of Columbia and the territories. Treasury shall issue four coins per year until a coin has been issued for each jurisdiction. Neither the bust of any person nor the portrait of any living person may be included in the design of the coins. The bill instructs Interior to continue to mint and issue $1 coins honoring Native Americans and their contributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 2015''. SEC. 2. CHANGES IN THE BASELINE. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(c)) is amended-- (1) in the second sentence of paragraph (1), by striking all that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (2) by striking paragraphs (2), (3), (4), and (5); (3) by redesignating paragraph (6) as paragraph (2); and (4) by inserting after paragraph (2), as so redesignated, the following: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Expenditures and Appropriations.--Section 1105(a)(5) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b), estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and at least the 4 fiscal years following that year, and, except for detailed budget estimates, the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and for appropriations.''. (b) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended to read as follows: ``(6)(A) estimated receipts of the Government in the current year and the fiscal year for which the budget is submitted and at least the 4 fiscal years after that year under-- ``(i) laws in effect when the budget is submitted; and ``(ii) proposals in the budget to increase revenues; and ``(B) the percentage change (in the case of each category referred to in clauses (i) and (ii) of subparagraph (A)) between the current year and the fiscal year for which the budget is submitted and between the current year and each of the 9 fiscal years after the fiscal year for which the budget is submitted.''. (c) Legislative Proposals.--Section 1105(a)(12) of title 31, United States Code, is amended to read as follows: ``(12) for each proposal in the budget for legislation that establishes or expands a Government activity or function a table showing-- ``(A)(i) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; ``(ii) the estimated appropriation required because of the proposal for each of at least the 4 fiscal years after that year that the proposal will be in effect; and ``(iii) the estimated amount for the same activity or function, if any, in the current fiscal year; and ``(B) except for detailed budget estimates, the percentage change (in the case of each category referred to in clauses (i), (ii), and (iii) of subparagraph (A)) between the current year and the fiscal year for which the budget is submitted.''. (d) Comparisons.--Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Expenditures and Tables.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) (relating to a list of plans and reports) as paragraph (39); and (2) by adding at the end the following: ``(40) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction. ``(41) a table on sources of growth in total direct spending under current law and as proposed in the budget submission for the budget year and at least the ensuing 9 fiscal years, which shall include changes in outlays attributable to-- ``(A) cost-of-living adjustments; ``(B) changes in the number of program recipients; ``(C) increases in medical care prices, utilization and intensity of medical care; and ``(D) residual factors.''. (f) Current Programs.--Section 1109(a) of title 31, United States Code, is amended by inserting after the first sentence the following: ``For discretionary spending, these estimates shall assume the levels no higher than those set forth in the discretionary spending limits under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), as adjusted, for the appropriate fiscal years (and if no such limits are in effect, these estimates shall assume adjusted levels no higher than those for the most recent fiscal year for which such levels were in effect).''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended-- (1) in paragraph (1), by adding at the end the following: ``The basis of deliberations in developing such joint resolution shall be the estimated budgetary levels for the preceding fiscal year. Any budgetary levels pending before the committee and the text of the joint resolution shall be accompanied by a document comparing such levels or such text to the estimated levels of the prior fiscal year.''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years and the proposed increase or decrease of spending in percentage terms for each function.''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) Comparable Levels.--Section 202(e)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended in the first sentence by inserting ``compared to comparable levels for the current year'' before the comma at the end of subparagraph (A) and before the comma at the end of subparagraph (B). (b) Sources of Spending Growth.--Section 202(e)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended by inserting after the first sentence the following: ``Such report shall also include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to (A) cost-of-living adjustments, (B) changes in the number of program recipients, (C) increases in medical care prices, utilization and intensity of medical care, and (D) residual factors.''. (c) Comparison of Levels.--Section 308(a)(1)(B) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)(B)) is amended by inserting ``and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``, if timely submitted''.

Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to change the assumptions used in calculating the baseline for discretionary spending and to require budget estimates to be compared with the levels from the prior year. The baseline is a projection of federal spending and receipts during the fiscal year under current law. This bill changes the assumptions used for the discretionary spending baseline to eliminate adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, pay adjustments, and changes to other personnel benefits. The bill prohibits adjustments for inflation or any other factor. The President's budget must include: (1) comparisons of the proposed budgetary levels with the prior year's levels, (2) the sources of growth in direct spending under current law and as proposed in the budget, and (3) estimates of discretionary spending for current programs that assume compliance with discretionary spending limits under current law. The congressional budget committees must use budgetary levels from the prior fiscal year as the basis for deliberations in developing the congressional budget resolution and include comparisons with the prior fiscal year in the report accompanying the resolution. The Congressional Budget Office must include additional details in required reports to Congress, including comparisons to the prior year and the sources of growth in spending.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Paid Parental Leave Act of 2008''. SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. (a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5, United States Code, is amended-- (1) by redesignating such subsection as subsection (d)(1); (2) by striking ``subparagraphs (A), (B), (C), and'' and inserting ``subparagraphs (C) and''; and (3) by adding at the end the following: ``(2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ``(3) The paid leave that is available to an employee for purposes of paragraph (2) is-- ``(A) 8 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and ``(B) any annual or sick leave accrued or accumulated by such employee under subchapter I. ``(4) Nothing in this subchapter shall be considered to require-- ``(A) that an employing agency provide paid sick leave in any situation in which such employing agency would not normally be required to provide such leave; or ``(B) that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph (A) of such subparagraph. ``(5) Paid parental leave under paragraph (3)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; ``(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ``(C) if not used by the employee before the end of the 12- month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. ``(6) The Director of the Office shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4)(B), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A).''. (b) Effective Date.--The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. (a) Amendment to Congressional Accountability Act.--Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``In applying section 102(a)(1)(A) and (B) to covered employees, subsection (d) shall apply.''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: ``(d) Special Rule for Paid Parental Leave for Congressional Employees.-- ``(1) Substitution of paid leave.--A covered employee taking leave without pay under subparagraphs (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(2) Amount of paid leave.--The paid leave that is available to a covered employee for purposes of paragraph (1) is-- ``(A) 8 workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and ``(B) any additional paid vacation or sick leave provided by the employing office to such employee. ``(3) Limitation.--Nothing in this section shall be considered to require-- ``(A) that an employing office provide paid sick leave in any situation in which such employing office would not normally be required to provide such leave; or ``(B) that a covered employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use paid parental leave described in subparagraph (A) of such paragraph. ``(4) Additional rules.--Paid parental leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and ``(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES. Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following: ``(3) Special rule for gao and library of congress employees.-- ``(A) Substitution of paid leave.--An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraphs (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(B) Amount of paid leave.--The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of paragraph (1) is-- ``(i) 8 workweeks of paid parental leave under this clause in connection with the birth or placement involved; and ``(ii) any additional paid vacation or sick leave provided by such employer. ``(C) Limitation.--Nothing in this paragraph shall be considered to require-- ``(i) that an employer described in section 101(4)(A)(iv) provide paid sick leave in any situation in which such employer would not normally be required to provide such leave; or ``(ii) that an employee of such an employer first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use paid parental leave described in clause (i) of such subparagraph. ``(D) Additional rules.--Paid parental leave under subparagraph (B)(i)-- ``(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with employers described in section 101(4)(A)(iv); and ``(ii) if not used by the employee of such employers before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.''. SEC. 5. STUDY. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Government Accountability Office shall study and submit to Congress a written report on the feasibility and desirability of providing an insurance benefit to Federal employees which affords partial or total wage replacement with respect to periods of qualified leave. (b) Period of Qualified Leave.--For purposes of this section, the term ``period of qualified leave'', as used with respect to a Federal employee, means any period of leave under section 6382 of title 5, United States Code, which would otherwise be leave without pay, and which is available by reason of-- (1) the need to care for the spouse or a son, daughter, or parent of the employee having a serious health condition; or (2) a serious health condition affecting the employee that renders such employee unable to perform the functions of the employee's position. (c) Matters for Inclusion.--The report shall include, at a minimum, the following: (1) A brief description of any plans or arrangements under which similar benefits are currently provided to employees in this country (within the private sector or State or local government) or in other countries. (2) With respect to any plans or arrangements under which such benefits are currently provided to private or public sector employees in this country-- (A) the portion or percentage of wages typically replaced; (B) how those benefits are generally funded, including in terms of the employer and employee shares; (C) whether employee coverage is optional or automatic; and (D) any waiting period or other conditions which may apply. (3) Identification and assessment of any plans or arrangements described under the preceding provisions of this subsection (or any aspects thereof) which might be particularly relevant to designing the insurance benefit (described in subsection (a)) for Federal employees, including how such benefit might be coordinated with annual leave, sick leave, or any other paid leave available to an employee for the purpose involved.

Federal Employees Paid Parental Leave Act of 2008 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) eight administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave. Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees. Amends the Family and Medical Leave Act of 1993 to allow the same substitution for Government Accountability Office (GAO) and Library of Congress employees. Requires GAO to study and report on the feasibility and desirability of providing an insurance benefit to federal employees which affords partial or total wage replacement with respect to periods of qualified leave. Defines "qualified leave" as leave that: (1) is available by reason of the need to care for the spouse, child, or parent of the employee having a serious health condition or by reason of a serious health condition affecting the employee that renders such employee unable to perform the functions of his or her position; and (2) would otherwise be leave without pay.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clatsop-Nehalem Restoration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Interim council.--The term ``Interim Council'' means the council which is established under, and the members elected pursuant to, section 5. (2) Member.--The term ``member'', when used with respect to the tribe, means an individual enrolled on the membership roll of the tribe in accordance with section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary's designated representative. (4) Tribal governing body.--The term ``tribal governing body'' means the governing body that is established under, and the members elected pursuant to, the tribal constitution and bylaws adopted in accordance with section 6. (5) Tribe.--The term ``tribe'' means Clatsop-Nehalem Confederated Tribes of Oregon considered as one tribe in accordance with section 3. SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CONFEDERATED TRIBES AS ONE TRIBE. The Clatsop-Nehalem Confederated Tribes of Oregon shall be considered as one tribal unit for purposes of Federal recognition and eligibility for Federal benefits under section 4, the establishment of tribal self-government under sections 5 and 6, and the compilation of a tribal membership roll under section 7. SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Notwithstanding any provision of the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), or any other law, Federal recognition is extended to the Clatsop-Nehalem Confederated Tribes of Oregon. Nothing is this Act shall affect or diminish the treaty rights previously determined for other federally recognized Indian tribes. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, statute, or other Federal authority, that may have been diminished or lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), are restored, and the provisions of such Act shall be inapplicable to the tribe and to members of the tribe after the date of the enactment of this Act. (c) Federal Services and Benefits.--Notwithstanding any other provision of law, the tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the tribe. In the case of Federal services available to members of federally recognized Indian tribes residing on or near a reservation, members of the tribe residing in the following counties of the State of Oregon shall be deemed to be residing on or near a reservation: (1) Tillamook County. (2) Clatsop County. (d) No Hunting, Fishing or Trapping Rights Restored.--No hunting, fishing, or trapping rights of any nature of the tribe or of any member, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this Act. (e) Effect on Property Rights and Other Obligations.--Except as otherwise specifically provided in this Act, no provision contained in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. (f) No Lands in Tillamook County.--Notwithstanding any provision of law, no lands shall be held in trust by the United States for the benefit and use of the tribe within the boundaries of Tillamook County, Oregon. SEC. 5. INTERIM COUNCIL. (a) Establishment.--There is established an Interim Council of the tribe which shall be composed of nine members. The Interim Council shall-- (1) represent the tribe and its members in the implementation of this Act; and (2) be the governing body of the tribe until the tribal governing body convenes. (b) Nomination and Election of Interim Council Members.-- (1) General council meeting.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall announce the date of a general council meeting of the tribe to nominate candidates for election to the Interim Council. Such general council meeting shall be held not later than 15 days after such announcement. (2) Election.--Not later than 45 days after the general council meeting held under paragraph (1), the Secretary shall hold an election by secret ballot to elect the members of the Interim Council from among the members nominated in the general council meeting. Absentee and write-in balloting shall be permitted. (3) Approval of results.--The Secretary shall approve the results of the Interim Council election conducted pursuant to this subsection if the Secretary is satisfied that the requirements of this section relating to the nomination and the election processes have been met. If the Secretary is not so satisfied, the Secretary shall-- (A) call for another general council meeting to be held not later than 60 days after such election to nominate candidates for election to the Interim Council; and (B) hold another election within 45 days of such meeting. (4) Notice.--The Secretary shall take any action necessary to ensure that each member described in section 7(d) is given notice of the time, place, and purpose of each meeting and election held pursuant to this subsection not less than 10 days before the general meeting or election. (c) Authority and Capacity; Termination.--The Interim Council shall-- (1) have no powers other than those given it under this Act; (2) with respect to any Federal service or benefit for which the tribe or any member is eligible, have full authority and capacity to receive grants and to enter into contracts; (3) except as provided in subsection (d), terminate on the date that the tribal governing body first convenes; and (4) with respect to any contractual right established and any obligation entered into by the Interim Council, have the authority and capacity to bind the tribal governing body, as the successor in interest to the Interim Council, for a period of not more than 6 months beginning on the date such tribal governing body first convenes. (d) Vacancy on Interim Council.--Not later than 30 days after a vacancy occurs on the Interim Council and subject to the approval of the Secretary, the Interim Council shall hold a general council meeting to nominate a candidate for election to fill such vacancy and hold such election. The Interim Council shall provide notice of the time, place, and purpose of such meeting and election to members described in section 7(d) not less than 10 days before each general meeting or election. SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY. (a) Adoption of Proposed Constitution and Bylaws; Election.-- (1) Time and procedure.--The Interim Council shall-- (A) prepare the tribal constitution and bylaws which shall provide for, at a minimum, the establishment of a tribal governing body and tribal membership qualifications; and (B) adopt such tribal constitution not later than 6 months after the date of the enactment of this Act. (2) Election.--Upon the adoption of the proposed tribal constitution and bylaws by the Interim Council, the Council shall request that the Secretary, in writing, schedule an election to approve or disapprove the adoption of such constitution and bylaws. The Secretary shall conduct an election by secret ballot in accordance with section 16 of the Act of June 18, 1934. (b) Notice and Consultation.--Not less than 30 days before any election scheduled pursuant to subsection (a), a copy of the proposed tribal constitution and bylaws, as adopted by the Interim Council, along with a brief and impartial description of the proposed constitution and bylaws shall be sent to each member described in section 7(d). The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within 50 feet of the polling places on the date of such election. (c) Majority Vote for Adoption; Procedure in Event of Failure To Adopt Proposed Constitution.-- (1) Majority vote for adoption.--In any election held pursuant to subsection (a), a vote of a majority of those actually voting shall be necessary and sufficient for the approval of the adoption of the tribal constitution and bylaws. (2) Procedure in event of failure to adopt proposed constitution.--If in any such election such majority does not approve the adoption of the proposed tribal constitution and bylaws, the Interim Council shall be responsible for preparing another tribal constitution and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws. The new proposed constitution and bylaws shall be adopted by the Interim Council not later than 6 months after the date of the election in which the first proposed constitution and bylaws failed to be adopted. An election on the question of the adoption of the new proposal of the Interim Council shall be conducted in the same manner provided in subsection (a)(2) for the election on the first proposed constitution and bylaws. (d) Election of Tribal Governing Body.--Not later than 120 days after the tribe approves the adoption of the tribal constitution and bylaws and subject to the approval of the Secretary, the Interim Council shall conduct an election, by secret ballot, to elect the tribal governing body established under such constitution and bylaws. Notwithstanding any provision of the tribal constitution and bylaws, absentee and write-in balloting shall be permitted in an election under this subsection. SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER. (a) Membership Roll Established and Opened.--The membership roll of the tribe is established and open. (b) Criteria Governing Eligibility.-- (1) Membership prior to election.--Until the first election of the tribal governing body is held pursuant to section 6(d), the membership of the Clatsop-Nehalem Confederated Tribes shall consist as follows: (A) Any person who can document being a direct descent from a Clatsop or Nehalem (Naalem) Tillamook Indian (or both) on the tribal rolls compiled-- (i) in 1906 by Charles E. McChesney, Supervisor of Indian School. (B) Any person found eligible by the Portland, Oregon, Area Office of the Bureau of Indian Affairs who would satisfy enrollment requirements under-- (i) the Act of August 24, 1912, (37 Stat. 518-535); (ii) the Act of August 30, 1964, (78 Stat. 639); or (iii) part 43 of title 25, Code of Federal Regulations. (C) Any person who descends from those Indians who were signers of the treaties between the United States and the Clatsop Tribe and the Nehalem Band of the Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 7-13; Records Concerning Negotiation of Treaties, 1851-1855; Oregon Superintendency (National Archives Microfilm Publication M2, roll 28); Records of the Bureau of Indian Affairs, Record Group 75; National Archives Building, Washington, DC). (D) Any person who can document their direct descent from a Clatsop or Nehalem Tillamook Indian on any other Federal, State, Indian, or church record. (E) Descends from those Indians who were members of the Hobsonville Community. (F) All children born to a member of the tribe. (2) Membership after election.--After the first election of the tribal governing body is held pursuant to section 6(d), the provisions of the constitution and bylaws adopted in accordance with section 6(a) shall govern membership in the tribe. (c) Dual Membership.--Any person who is enrolled in any other federally recognized Indian tribe, band, or community or native corporation shall not, at the same time be enrolled in the tribe. (d) Procedures for Verification of Eligibility.-- (1) Before election of interim council.--Before the election of the members of the Interim Council is held pursuant to section 5(b), verification of descendancy, for purposes of enrollment and age for purposes of voting rights under subsection (d) shall be made upon oath before the Secretary whose determination thereon shall be final. (2) After election of interim council.--After the election of the members of the Interim Council is held pursuant to section 5(b), but before the first election of the members of the tribal governing body is held pursuant to section 6(d), the verification of descendancy and age shall be made upon oath before the Interim Council, or its authorized representative. An individual may appeal the exclusion of the individual's name from the membership roll of the tribe to the Secretary, who shall make a final determination of each such appeal within 90 days after such an appeal has been filed with him. The determination of the Secretary with respect to such an appeal shall be final. (3) After election of tribal governing body.--After the first election of the members of the tribal governing body is held pursuant to section 6(d), the provisions of the constitution and bylaws adopted in accordance with section 6(a) shall govern the verification of any requirements for membership in the tribe. The Interim Council and the Secretary shall deliver their records and files and any other material relating to the enrollment of tribal members to such tribal governing body. (4) Publication of membership roll.--Not less than 60 days before the election under section 6(a), the Secretary shall publish in the Federal Register a certified copy of the membership roll of the tribe as of the date of such publication. Such membership roll shall include the names of all individuals who were enrolled by the Secretary, either directly under paragraph (1) or pursuant to an appeal under paragraph (2), and by the Interim Council under paragraph (2). (e) Voting Rights of Member.--Each member who is 18 years of age or older shall be eligible to-- (1) attend, participate in, and vote at each general council meeting; (2) nominate candidates for any office; (3) run for any office; and (4) vote in any election of members to the Interim Council and to such other tribal governing body as may be established under the constitution and bylaws adopted in accordance with section 6. SEC. 8. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this Act. SEC. 9. NO PRECEDENT. Nothing in this Act establishes a precedent or shall be construed to affect any decision or other action related to restoration or recognition of any Indian tribe other than the Clatsop-Nehalem Confederated Tribes of Oregon.

Clatsop-Nehalem Restoration Act This bill extends federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon. Rights and privileges of the tribe and its members under any federal treaty, executive order, agreement, statute, or other federal authority that may have been diminished or lost under the Act approved August 13, 1954 are restored. That Act no longer applies to the tribe and its members. The tribe and its members are eligible to receive all federal services and benefits furnished to federally recognized Indian tribes, without regard to the existence of a reservation. Members of the tribe residing in Tillamook and Clatsop Counties in Oregon are deemed to be residing on or near a reservation. No hunting, fishing, or trapping rights of the tribe or of any member are granted or restored. Lands in Tillamook County, Oregon may not be held in trust for the tribe. An Interim Council is established as the governing body of the tribe until the tribal governing body convenes. The Department of the Interior must hold an election to elect the members of the Interim Council. The membership roll of the tribe is established and opened.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Devil's Staircase Wilderness Act of 2009''. SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS, OREGON. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon administered by the Forest Service and the Bureau of Land Management, comprising approximately 30,520 acres, as generally depicted on the map titled ``Devil's Staircase Wilderness Proposal'', dated October 26, 2009, are designated as a wilderness area for inclusion in the National Wilderness Preservation System and to be known as the ``Devil's Staircase Wilderness''. (b) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of wilderness area designated by subsection (a). The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. SEC. 3. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the Devil's Staircase Wilderness Area shall be administered by the Secretaries of Agriculture and the Interior, in accordance with the Wilderness Act and the Oregon Wilderness Act of 1984, except that, with respect to the wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (b) Forest Service Roads.--As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture shall-- (1) decommission any National Forest System road within the wilderness boundaries; and (2) convert Forest Service Road 4100 within the wilderness boundary to a trail for primitive recreational use. SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS. Any land within the boundary of the wilderness area designated by this Act that is acquired by the United States shall-- (1) become part of the Devil's Staircase Wilderness Area; and (2) be managed in accordance with this Act and any other applicable law. SEC. 5. FISH AND WILDLIFE. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Oregon with respect to wildlife and fish in the national forests. SEC. 6. BUFFER ZONES. (a) In General.--As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for designation of the wilderness area under this Act to lead to the creation of protective perimeters or buffer zones around the wilderness area. (b) Activities or Uses up to Boundaries.--The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. SEC. 7. WITHDRAWAL. Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness area by this Act 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. 8. PROTECTION OF TRIBAL RIGHTS. Nothing in this Act shall be construed to diminish-- (1) the existing rights of any Indian tribe; or (2) tribal rights regarding access to Federal lands for tribal activities, including spiritual, cultural, and traditional food gathering activities. SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by inserting the following paragraphs: ``(__) Franklin creek, oregon.--The 4.5-mile segment from the headwaters to the private land boundary in section 8 to be administered by the Secretary of Agriculture as a wild river. ``(__) Wasson creek, oregon.-- ``(A) The 4.2-mile segment from the eastern edge of section 17 downstream to the boundary of sections 11 and 12 to be administered by the Secretary of Interior as a wild river. ``(B) The 5.9-mile segment downstream from the boundary of sections 11 and 12 to the private land boundary in section 22 to be administered by the Secretary of Agriculture as a wild river.''.

Devil's Staircase Wilderness Act of 2009 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System. Requires the Devil's Staircase Wilderness Area to be administered by the Secretaries of Agriculture and the Interior, subject to valid existing rights. Requires the Secretary of Agriculture to decommission any National Forest System road within the wilderness boundaries and to convert Forest Service Road 4100 to a trail for primitive recreational use. Deems land acquired by the United States within the boundary of the Wilderness Area as part of the Devil's Staircase Wilderness. Specifies this Act's effect on fish and wildlife, buffer zones, and tribal rights. Withdraws the federal land designated as a wilderness area by this Act 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. Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System.

OFFICERS. ``The State Administrator shall establish a Problem Resolution Office. Problem Resolution Officers shall have the authority to investigate taxpayer complaints and enjoin collection activity if, in the opinion of the Problem Resolution Officer, said collection activity is reasonably likely to not be in compliance with law. Said administrative injunction may only be reversed by the highest official in the relevant State or Federal taxing authority or by its General Counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this administrative injunction may not be delegated. Problem Resolution Officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern or issuing injunctions that are manifestly unreasonable is proven in an administrative hearing. Nothing in this section shall limit the authority of the State Administrators or the taxpayer to pursue any legal remedy in any court with jurisdiction over the dispute at issue. ``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION. ``(a) Allocation Rules.--For purposes of allocating revenue between or among administering states from taxes imposed by this subtitle, the revenue shall be allocated to those states that are the destination of the taxable property or services. The destination of the purchase of taxable property and services shall be determined in accordance with this section. ``(b) Federal Office of Revenue Allocation.--The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering states as to the destination of taxable property and services for purposes of allocating revenue between or among the states from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any federal court with competent jurisdiction provided, however, that the standard of review shall be abuse of discretion. ``(c) Tangible Personal Property.--The destination of tangible personal property shall be the state or territory in which the property was first delivered to the purchaser. Tangible personal property shipped by means of the mail or common carrier shall be deemed delivered to the location of the purchaser for purposes of this subsection upon shipment by mail or common carrier. ``(d) Real Property.--The destination of real property or rents or leaseholds on real property shall be state or territory in which the real property is located. ``(e) Other Property.--The destination of other property shall be residence of the purchaser. ``(f) Services.-- ``(1) General rule.--The destination of services shall be state or territory in which the use, consumption or enjoyment of the services occurred. Allocation of service invoices relating to more than one jurisdiction shall be on the basis of time. ``(2) Telecommunications services.--The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services shall include telephone, telegraph, cable television, satellite and computer on-line or network services. ``(3) Domestic transportation services.--For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among the final destinations). ``(4) International transportation services.--For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. ``(g) Financial Intermediation Services.--The destination of financial intermediation services shall be the residence of the purchase. ``(h) A State Tax Administrator shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with this section) within the state of said State Tax Administrator. This grant of jurisdiction is not exclusive of other jurisdiction that said State Tax Administrator may have. ``(i) Rents and Royalties Paid for the Lease of Tangible Property.-- ``(1) General rule.--The destination of rents and royalties paid for the lease of tangible property shall be where the property is located. ``(2) Vehicles.--The destination of rent and lease payments on vehicles shall be-- ``(A) in the case of rentals and leases of a term one month or less, the location where the vehicle was originally delivered to the lessee; and ``(B) in the case of rentals and leases of a term greater than one month, the residence of the lessee. ``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY. ``(a) In General.--For each purchase of taxable property or services for which a tax is imposed pursuant to section 1, the sales tax shall be charged separately from the purchase price by the vendor or seller. For purchase of taxable property or services for which a tax is imposed pursuant to section 1, the vendor shall provide to the purchaser a receipt that sets forth at least the following information: ``(1) The property or services price exclusive of tax. ``(2) The amount of tax paid. ``(3) The property or service price inclusive of tax. ``(4) The tax rate (the amount of tax paid (per subparagraph 2) divided by the property or service price inclusive of tax (per subparagraph 3)). ``(5) The date that the good or service was sold. ``(6) The name of the vendor. ``(7) The vendor registration number. ``(b) Vending Machine Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection shall mean machines-- ``(1) that dispense taxable property in exchange for coins, one, five, ten or twenty dollar bills, and ``(2) that sell no single item exceeding ten dollars per unit in price. ``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES. ``The State Administrator or the Secretary, as the case may be, is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax in installment payments if he determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the Secretary or the State Administrator was materially inaccurate or incomplete. The Secretary and the State Administrator may compromise any amounts alleged to be due. ``SEC. 56. ACCOUNTING. ``(a) Cash Method To Be Used Generally.--Vendors and other persons shall remit taxes and report transactions with respect to the month for which payment was received or the tax imposed by this chapter otherwise becomes due. ``(b) Election To Use Accrual Method.--A person may elect with respect to a calendar year, in a form prescribed by the Secretary, to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. ``(c) Cross Reference.-- ``For rules relating to bad debts for vendors electing the accrual method, see section 11(g). ``SEC. 57. HOBBY ACTIVITIES. ``(a) The exemption afforded by section 2(a)(1) shall not be available for any taxable property or service used by a trade or business if that trade or business is not engaged in for profit. ``(b) If the trade or business has received gross payments for the sale of taxable property or services that exceed the sum of-- ``(1) taxable property and services purchased, ``(2) wages paid, and ``(3) taxes paid, in 2 or more of the most recent 4 calendar years during which it operated, then the business activity shall be conclusively deemed to be engaged in for profit.''. SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE. (a) In General.--Appropriations for any expenses of the Internal Revenue Service including processing income tax returns for years prior to the repeal of the income tax, revenue accounting, management, transfer of payroll tax data to the Social Security Administration and otherwise for years after fiscal year 2005 are not authorized. (b) Excise and Sales Tax Bureaus.--Section 7801 is amended by adding the following new subsections: ``(d) Excise Tax Bureau.--There shall be in the Department of Treasury an Excise Tax Bureau to administer those excise taxes not repealed by this Act. ``(e) Sales Tax Bureau.--There shall be in the Department of Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 31(g), and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 32, 33, and 53(b)). The Office of Revenue Allocation shall be within the Sales Tax Bureau.''. (c) Assistant General Counsels.--Section 7801(b)(2) is amended to read as follows: ``(2) Assistant general counsels.--The Secretary of the Treasury may appoint, without regard to the provisions of the civil service laws, and fix the duties of not more than 5 Assistant General Counsel.''. (d) Short Year.-- (1) For purposes of the Federal income tax, the tax imposed by section 1 and section 11 for taxable years ending June 30, 2003, shall be modified as set forth in this subsection. (2) For calendar year taxpayers, the dollar figures in section 1 and section 11 shall be reduced by dividing by 2 all dollar figures that would be applicable but for this subsection. (3) For fiscal year taxpayers, the dollar figures in section 1 and section 11 shall be equal to the product of-- (A) the dollar amount that would be applicable but for this subsection, and (B) the ratio that has as its numerator the number of months in the taxpayer's taxable year ending June 30, 2003, and as its denominator 12. (4) The Secretary shall publish tax rate schedules in accordance with this subsection. SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES. (a) In General.--Commencing January 1, 2003, the Social Security Administration shall collect and administer the taxes imposed pursuant to chapter 2 of subtitle A (relating to self employment income taxes) and subtitle C (relating to employment taxes) of the Internal Revenue Code of 1986. (b) Cross References.-- For revised rules relating to the self- employment tax, see section 7 of this Act. For rules relating to revised withholding tax schedules and family consumption refund, see section 13. SEC. 7. SELF-EMPLOYMENT TAX. (a) In General.--Subsection 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--`Self employment income' shall mean gross payments received in a calendar year from the sale of taxable property or services (without regard to exemption) less the sum in a calendar year of-- ``(1) purchases of taxable property or services (without regard to exemption) in furtherance of a business purpose, ``(2) any wages paid (whether to the self-employed person or others) in furtherance of a business purpose, ``(3) unused transition amounts, and ``(4) undeducted negative self employment income amounts from prior periods. ``(b) Transition Amounts.-- ``(1) General rule.--The transition amount for the ten calendar years commencing in 2003 shall be the unrecovered basis amount as of the end of December 31, 2002, divided by ten. ``(2) Unrecovered basis amount.--The unrecovered basis amount shall be remaining income tax basis relating to-- ``(A) prior law section 167 property placed in service prior to January 1, 2003, and ``(B) inventory held as of the end of 2002 (including any amounts capitalized in accordance with prior law section 263A).''. (b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as subsections 1402(b) et seq. SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS. Subparagraph (D) of paragraph (1) of subsection (i) of section 215 of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living increases in Social Security benefits) is amended to read as follows: ``(D)(i) the term `CPI increase percentage', with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost- of-living computation quarter under subparagraph (B); ``(ii) if the Consumer Price Index (as prepared by the Department of Labor) does not include the national sales tax paid, then the term `CPI increase percentage' with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the product of-- ``(I) the Consumer Price Index for that quarter (as prepared by the Department of Labor); and ``(II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-living computation quarter under subparagraph (B); and ``(iii) for purposes of clause (ii), the `national sales tax factor' is equal to one plus the quotient that is-- ``(I) the sales tax rate (as defined in section 1 of title 26), divided by ``(II) the quantity that is one minus the sales tax rate.''. SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME. (a) Compensating Payment.--Eligible persons (as defined in subsection (c)) shall receive a compensating payment (as defined in subsection (b)) provided that they comply with subsection (g) (relating to applications). (b) Compensating Payment Defined.--The term ``compensating payment'' means the product of the qualified fixed income payment amount (as defined in subsection (e)) and the excess inflation rate (as defined in subsection (f)). (c) Eligible Person Defined.--An eligible person is any person with respect to any calendar year who is entitled to-- (1) Social Security benefits; and (2) qualified fixed income payments (as defined in subsection (d)). (d) Qualified Fixed Income Payment Defined.--A qualified fixed income payment is a payment received by-- (1) a beneficiary under a defined benefit plan (within the meaning of section 414(j) of the Internal Revenue Code as in effect prior to the enactment of this Act) whether sponsored by a private or Government employer; or (2) by an annuitant pursuant to an annuity contract between the annuitant and a bona fide insurance company. A payment pursuant to a plan or annuity contract is not a qualified fixed income payment if the payment varies with investment performance, interest rates, or inflation. Payments pursuant to an annuity contract entered into after June 30, 2003, shall not be qualified fixed income payments. Payments pursuant to a defined benefit plan to a beneficiary that had been a participant in said defined benefit plan (within the meaning of section 410 of the Internal Revenue Code as in effect prior to the enactment of this Act) for less than 5 years shall not be qualified fixed income payments. (e) Qualified Fixed Income Payment Amount.--The qualified fixed income payment amount is \1/12\ of qualified fixed income payments that an eligible person is entitled to receive during the calendar year subsequent to the year for which the compensating payment is calculated, provided, however, that the qualified fixed income payment amount shall not exceed $5,000. (f) Excess Inflation Rate Defined.--The term ``excess inflation rate'' shall mean the excess, if any, of the consumer price index (all urban) during the 18-month period ending December 31, 2004, over the increase projected for the consumer price index (all urban) in the Office of Management and Budget baseline reported in the Budget of the United States for Fiscal Year 2003 for said 18-month period. The baseline assumption for the 6 months in 2003 shall be \1/2\ of the assumed increase for the entire calendar year 2003. (g) Application Required.--In order to receive compensating payments, each eligible person must apply in a form prescribed by the Secretary of Health and Human Services and provide such documentation as the Secretary may reasonably require. (h) Means of Payment.--Each person entitled to a compensating payment shall receive the compensating payment with their Social Security benefit payment. The compensating payment shall be separately indicated but may be included in one check. The funds to make compensating payments shall come from the general fund. (i) The Secretary of Health and Human Services may require insurers that are parties to annuity contracts and defined benefit plan sponsors to issue a statement to annuitants or plan participants including such information as the Secretary may require to determine the qualified fixed income payment amount. SEC. 10. INTEREST. Section 6621 of the Internal Revenue Code of 1986 is amended by striking the last sentence in section 6621(a)(1) and by striking ``3'' in section 6621(a)(2)(B) and substituting in its stead ``2''. SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases any federal sales tax rate, and (2) provides any exemption, deduction, credit or other benefit which results in a reduction in federal revenues. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn.

Individual Tax Freedom Act of 2001 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the United States for use or consumption outside of the Unites States, provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Sets forth provisions concerning credits and refunds.Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit.Provides for installment payments of the tax on the purchase of a principal residence.Allows an eligible family unit to receive a sales tax rebate.Directs an administering State to administer, collect, and remit to the U.S. Treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State.Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2005. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax.Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes.Requires a supermajority in the House of Representatives or the Senate to raise rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Premier Certified Lenders Program Improvement Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Premier Certified Lenders Program (PCLP) established under section 508 of the Small Business Investment Act of 1958 (15 U.S.C. 697e) has been very successful in helping small businesses expand. (2) Increasing the number of premier certified lenders will allow the Government to make available more resources to small businesses even as the Small Business Administration downsizes. (3) The PCLP requires premier certified lenders to set aside unnecessarily large amounts in loss reserve accounts. (4) Requiring premier certified lenders to maintain unnecessarily large loss reserve accounts is inefficient and limits the ability of lenders to serve additional small businesses and of new lenders to join the PCLP. (5) Premier certified lenders should be required to maintain loss reserve accounts in amounts commensurate with the risk of loss associated with the PCLP loan portfolio of the lender. (6) Changing the PCLP to require that premier certified lenders maintain loss reserve accounts in amounts which reflect the risk of loss associated with the loans of the PCLP will protect taxpayers and improve the ability of the PCLP to help small businesses create economic development. SEC. 3. ALTERNATIVE LOSS RESERVE FOR CERTAIN PREMIER CERTIFIED LENDERS. (a) In General.--Section 508(c) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(c)) is amended by adding at the end the following new paragraph: ``(7) Alternative loss reserve.-- ``(A) Election.--With respect to any calendar quarter, any qualified high loss reserve PCL may elect to have the requirements of this paragraph apply in lieu of the requirements of paragraphs (2) and (4). ``(B) Contributions.-- ``(i) Ordinary rules inapplicable.--Except as provided under clause (ii) and paragraph (5), a qualified high loss reserve PCL which makes the election described in subparagraph (A) with respect to a calendar quarter shall not be required to make contributions to its loss reserve during such quarter. ``(ii) Based on risk of loss.--A company which makes the election described in subparagraph (A) with respect to any calendar quarter shall, before the last day of such quarter, make such contributions to its loss reserve as are necessary to ensure that the amount of the loss reserve of the company is-- ``(I) not less than $25,000; and ``(II) sufficient, as determined by a third-party auditor employed by the company, to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company. ``(C) Qualified high loss reserve pcl.--The term `qualified high loss reserve PCL' means, with respect to any calendar year, any company designated as a premier certified lender, if the Administrator determines that-- ``(i) the amount of the loss reserve of the company is not less than $25,000; ``(ii) the company has established a process for analyzing the risk of loss associated with its portfolio of PCLP loans and for grading each PCLP loan made by the company on the basis of the risk of loss associated with such loan; and ``(iii)(I) in the case of a company which was a qualified high loss reserve PCL with respect to the preceding calendar year, a third-party auditor employed by the company has certified during each calendar quarter of such year that the amount of the loss reserve of the company is sufficient to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company; and ``(II) in the case of any other company, a third-party auditor employed by the company has certified during the preceding 90 days that the loss reserve of the company is sufficient to protect the Federal Government from the risk of loss associated with the portfolio of PCLP loans of the company. ``(D) PCLP loan.--For purposes of this paragraph, the term `PCLP loan' means any loan guaranteed under this section. ``(E) Calendar quarter.--For purposes of this paragraph, the term `calendar quarter' means-- ``(i) the period which begins on January 1 and ends on March 31 of each year; ``(ii) the period which begins on April 1 and ends on June 30 of each year; ``(iii) the period which begins on July 1 and ends on September 30 of each year; or ``(iv) the period which begins on October 1 and ends on December 31 of each year.''. (b) Conforming Amendment.--Section 508(b)(2)(D) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)(D)) is amended by striking ``subsection (c)(2)'' and inserting ``subsection (c)''.

Premier Certified Lenders Program Improvement Act of 2002 - Amends the Small Business Investment Act of 1958 to make loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $25,000; and (2) sufficient, as determined by a third-party auditor, to protect the Government from the risk of loss associated with the PCL's portfolio of loans. Designates such PCLs as qualified high loss reserve PCLs. Provides related loss reserve requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Sensitive Locations Act''. SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE LOCATIONS. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(i)(1) In this subsection: ``(A) The term `appropriate committees of Congress' means-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Homeland Security of the House of Representatives; and ``(iv) the Committee on the Judiciary of the House of Representatives. ``(B) The term `enforcement action'-- ``(i) means an apprehension, arrest, interview, request for identification, search, or surveillance for the purposes of immigration enforcement; and ``(ii) includes an enforcement action at, or focused on, a sensitive location that is part of a joint case led by another law enforcement agency. ``(C) The term `exigent circumstances' means a situation involving-- ``(i) the imminent risk of death, violence, or physical harm to any person or property, including a situation implicating terrorism or the national security of the United States; ``(ii) the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger; or ``(iii) the imminent risk of destruction of evidence that is material to an ongoing criminal case. ``(D) The term `prior approval' means-- ``(i) in the case of officers and agents of U.S. Immigration and Customs Enforcement, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) the Assistant Director of Operations, Homeland Security Investigations; ``(II) the Executive Associate Director of Homeland Security Investigations; ``(III) the Assistant Director for Field Operations, Enforcement and Removal Operations; or ``(IV) the Executive Associate Director for Field Operations, Enforcement and Removal Operations; ``(ii) in the case of officers and agents of U.S. Customs and Border Protection, prior written approval to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) a Chief Patrol Agent; ``(II) the Director of Field Operations; ``(III) the Director of Air and Marine Operations; or ``(IV) the Internal Affairs Special Agent in Charge; and ``(iii) in the case of other Federal, State, or local law enforcement officers, to carry out an enforcement action involving a specific individual or individuals authorized by-- ``(I) the head of the Federal agency carrying out the enforcement action; or ``(II) the head of the State or local law enforcement agency carrying out the enforcement action. ``(E) The term `sensitive location' includes all of the physical space located within 1,000 feet of-- ``(i) any medical treatment or health care facility, including any hospital, doctor's office, accredited health clinic, alcohol or drug treatment center, or emergent or urgent care facility; ``(ii) any public or private school, including any known and licensed day care facility, preschool, other early learning program facility, primary school, secondary school, postsecondary school (including colleges and universities), or other institution of learning (including vocational or trade schools); ``(iii) any scholastic or education-related activity or event, including field trips and interscholastic events; ``(iv) any school bus or school bus stop during periods when school children are present on the bus or at the stop; ``(v) any organization that-- ``(I) assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities; or ``(II) provides disaster or emergency social services and assistance; ``(vi) any church, synagogue, mosque, or other place of worship, including buildings rented for the purpose of religious services, retreats, counseling, workshops, instruction, and education; ``(vii) any Federal, State, or local courthouse, including the office of an individual's legal counsel or representative, and a probation, parole, or supervised release office; ``(viii) the site of a funeral, wedding, or other religious ceremony or observance; ``(ix) any public demonstration, such as a march, rally, or parade; ``(x) any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider; or ``(xi) any other location specified by the Secretary of Homeland Security for purposes of this subsection. ``(2)(A) An enforcement action may not take place at, or be focused on, a sensitive location unless-- ``(i) the action involves exigent circumstances; and ``(ii) prior approval for the enforcement action was obtained from the appropriate official. ``(B) If an enforcement action is initiated pursuant to subparagraph (A) and the exigent circumstances permitting the enforcement action cease, the enforcement action shall be discontinued until such exigent circumstances reemerge. ``(C) If an enforcement action is carried out in violation of this subsection-- ``(i) no information resulting from the enforcement action may be entered into the record or received into evidence in a removal proceeding resulting from the enforcement action; and ``(ii) the alien who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding. ``(3)(A) This subsection shall apply to any enforcement action by officers or agents of the Department of Homeland Security, including-- ``(i) officers or agents of U.S. Immigration and Customs Enforcement; ``(ii) officers or agents of U.S. Customs and Border Protection; and ``(iii) any individual designated to perform immigration enforcement functions pursuant to subsection (g). ``(B) While carrying out an enforcement action at a sensitive location, officers and agents referred to in subparagraph (A) shall make every effort-- ``(i) to limit the time spent at the sensitive location; ``(ii) to limit the enforcement action at the sensitive location to the person or persons for whom prior approval was obtained; and ``(iii) to conduct themselves discreetly. ``(C) If, while carrying out an enforcement action that is not initiated at or focused on a sensitive location, officers or agents are led to a sensitive location, and no exigent circumstance and prior approval with respect to the sensitive location exists, such officers or agents shall-- ``(i) cease before taking any further enforcement action; ``(ii) conduct themselves in a discreet manner; ``(iii) maintain surveillance; and ``(iv) immediately consult their supervisor in order to determine whether such enforcement action should be discontinued. ``(D) The limitations under this paragraph shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing medical care to such individual. ``(4)(A) Each official specified in subparagraph (B) shall ensure that the employees under his or her supervision receive annual training on compliance with-- ``(i) the requirements under this subsection in enforcement actions at or focused on sensitive locations and enforcement actions that lead officers or agents to a sensitive location; and ``(ii) the requirements under section 239 of this Act and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). ``(B) The officials specified in this subparagraph are-- ``(i) the Chief Counsel of U.S. Immigration and Customs Enforcement; ``(ii) the Field Office Directors of U.S. Immigration and Customs Enforcement; ``(iii) each Special Agent in Charge of U.S. Immigration and Customs Enforcement; ``(iv) each Chief Patrol Agent of U.S. Customs and Border Protection; ``(v) the Director of Field Operations of U.S. Customs and Border Protection; ``(vi) the Director of Air and Marine Operations of U.S. Customs and Border Protection; ``(vii) the Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection; and ``(viii) the chief law enforcement officer of each State or local law enforcement agency that enters into a written agreement with the Department of Homeland Security pursuant to subsection (g). ``(5) The Secretary of Homeland Security shall modify the Notice to Appear form (I-862)-- ``(A) to provide the subjects of an enforcement action with information, written in plain language, summarizing the restrictions against enforcement actions at sensitive locations set forth in this subsection and the remedies available to the alien if such action violates such restrictions; ``(B) so that the information described in subparagraph (A) is accessible to individuals with limited English proficiency; and ``(C) so that subjects of an enforcement action are not permitted to verify that the officers or agents that carried out such action complied with the restrictions set forth in this subsection. ``(6)(A) The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit an annual report to the appropriate committees of Congress that includes the information set forth in subparagraph (B) with respect to the respective agency. ``(B) Each report submitted under subparagraph (A) shall include, with respect to the submitting agency during the reporting period-- ``(i) the number of enforcement actions that were carried out at, or focused on, a sensitive location; ``(ii) the number of enforcement actions in which officers or agents were subsequently led to a sensitive location; and ``(iii) for each enforcement action described in clause (i) or (ii)-- ``(I) the date on which it occurred; ``(II) the specific site, city, county, and State in which it occurred; ``(III) the components of the agency involved in the enforcement action; ``(IV) a description of the enforcement action, including the nature of the criminal activity of its intended target; ``(V) the number of individuals, if any, arrested or taken into custody; ``(VI) the number of collateral arrests, if any, and the reasons for each such arrest; ``(VII) a certification whether the location administrator was contacted before, during, or after the enforcement action; and ``(VIII) the percentage of all of the staff members and supervisors reporting to the officials listed in paragraph (4)(B) who completed the training required under paragraph (4)(A). ``(7) Nothing in the subsection may be construed-- ``(A) to affect the authority of Federal, State, or local law enforcement agencies-- ``(i) to enforce generally applicable Federal or State criminal laws unrelated to immigration; or ``(ii) to protect residents from imminent threats to public safety; or ``(B) to limit or override the protections provided in-- ``(i) section 239; or ``(ii) section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).''.

Protecting Sensitive Locations Act This bill amends the Immigration and Nationality Act to provide that an immigration enforcement action by the Department of Homeland Security or an individual designated to perform immigration enforcement functions may not take place at a sensitive location, unless: (1) the action involves exigent circumstances, and (2) prior approval was obtained from the appropriate official. A "sensitive location" includes all of the physical space located within 1,000 feet of: medical treatment or health care facilities; public and private schools; scholastic or education-related activities; school bus or school bus stops during periods when school children are present; any organization that assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities or that provides disaster or emergency social services; places of worship; funerals, weddings, or other public religious ceremonies; public demonstrations; federal, state, or local courthouses; or any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider. The bill shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing such individual with medical care. If an enforcement action is carried out in violation of this bill: (1) no information resulting from the action may be entered into the record or received into evidence in a resulting removal proceeding, and (2) the affected alien may file a motion for such proceeding's immediate termination. U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection shall provide training to officers and report to Congress on any enforcement activity occurring at sensitive locations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2014''. SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended-- (1) in subsection (a)(11)-- (A) by striking ``shall'' the first place it appears; (B) in subparagraph (A)-- (i) in clause (i), by inserting ``and'' at the end; (ii) in clause (ii), by striking ``and'' at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii) by striking ``and'' at the end; (C) in subparagraph (B), by striking ``and'' at the end; and (D) by adding at the end the following: ``(C) if a court determines the juvenile should be placed in a secure detention facility or correctional facility for violating an order described in subparagraph (A)(ii)-- ``(i) the court shall issue a written order that-- ``(I) identifies the valid court order that has been violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile; ``(IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile's release from such facility; and ``(V) may not be renewed or extended; and ``(ii) the court may not issue a second or subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); ``(D) there are procedures in place to ensure that any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; ``(E) juvenile status offenders detained or confined in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph may only be detained in secure custody one time in any six-month period, provided that all conditions set forth in subsection (D) are satisfied; and ``(F) not later than one year after the date of enactment of this subparagraph, with a single one-year extension if the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders as described in paragraph (A)(ii) to provide secure lockup of status offenders;''; and (2) by adding at the end the following: ``(g) Applications for Extension for Compliance.--States may apply for a single one-year extension to comply with subsection (a)(11). To apply, State must submit an application to the Administrator describing-- ``(1) the State's measurable progress and good faith effort to reduce the number of status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph; and ``(2) the State's plan to come into compliance not later than 1 year after the date of extension.''.

Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that has been violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Provides that a juvenile status offender may only be detained once in any six-month period. Eliminates, not later than one year after the enactment of this Act, the use of valid court orders to provide secure lockup of juvenile status offenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins County Rural Water System Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) in 1977, the North Dakota State Legislature authorized and directed the State Water Commission to conduct the Southwest Area Water Supply Study, which included water service to a portion of Perkins County, South Dakota; (2) amendments made by the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 101-294) authorized the Southwest Pipeline project as an eligible project for Federal cost share participation; and (3) the Perkins County Rural Water System has continued to be recognized by the State of North Dakota, the Southwest Water Authority, the North Dakota Water Commission, the Department of the Interior, and Congress as a component of the Southwest Pipeline Project. SEC. 3. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Perkins County Rural Water System, Inc., a nonprofit corporation established and operated under the laws of the State of South Dakota substantially in accordance with the feasibility study. (2) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Study for Rural Water System for Perkins County Rural Water System, Inc.'', as amended in March 1995. (3) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the feasibility study. (4) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of the water supply system by the Corporation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. (6) Water supply system.--The term ``water supply system'' means intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines operated by the Perkins County Rural Water System, Inc., to the point of delivery of water to each entity that distributes water at retail to individual users. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the Corporation for the Federal share of the costs of-- (1) the planning and construction of the water supply system; and (2) repairs to existing public water distribution systems to ensure conservation of the resources and to make the systems functional under the new water supply system. (b) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and a plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. For operation during the period beginning May 1 and ending October 31 of each year, portions of the water supply system constructed with assistance under this Act shall be eligible to utilize power from the Pick-Sloan Missouri Basin Program established by section 9 of the Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood Control Act of 1944. SEC. 7. FEDERAL SHARE. The Federal share under section 4 shall be 75 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 8. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 25 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 9. CONSTRUCTION OVERSIGHT. (a) Authorization.--At the request of the Corporation, the Secretary may provide to the Corporation assistance in overseeing matters relating to construction of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Perkins County, South Dakota. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) $15,000,000 for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the mitigation of fish and wildlife losses during System construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction. Makes portions of the System constructed with assistance under this Act eligible to utilize power from the Pick-Sloan Missouri Basin Program for operation from May 1 to October 31 of each year. Provides the Federal share (75 percent) of System planning, construction, and development costs. Authorizes the Secretary, at the Corporation's request, to provide assistance in overseeing matters relating to System construction. Authorizes appropriations.

SECTION 1. PROHIBITION. (a)(1) The Secretary of the Interior shall not issue a lease, permit, or license for the exploration for or extraction of oil or gas on or from submerged lands described in subsection (b). (2)(A) No person shall explore for or extract oil or gas on or from any area of the submerged lands described in subsection (b) after the date of the cancellation, expiration, relinquishment, surrender, or termination of a lease with respect to such area. (B) Except as provided in subparagraph (A), this subsection shall not prohibit exploration for or extraction of oil or gas on or from any area of submerged lands under the terms of a lease, permit, or license in effect on the date of enactment of this Act with respect to such area. (b)(1) The lands with respect to which subsection (a) applies shall include-- (A) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Florida, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and all submerged lands south of 26 degrees north latitude and east of 86 degrees west longitude; (B) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Georgia; (C) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of South Carolina; (D) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 175 miles of any point of the coast line of the State of North Carolina; (E) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Virginia; (F) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Maryland, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (G) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Delaware, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (H) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New Jersey, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (I) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New York, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (J) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Connecticut, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (K) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Rhode Island, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (L) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Massachusetts, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and lands within the 400 meter isobath surrounding Georges Bank, identified by the Department of the Interior as consisting of the following blocks: in protraction diagram NJ 19-1, blocks numbered 12-16, 54-55 and 57-58; in protraction diagram NK 19-5, blocks numbered 744, 788, 831-832, and 1005- 1008; in protraction diagram NK 19-6, blocks numbered 489-491, 532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-716, 749-761, 793-805, and 969-971; in protraction diagram NK 19-8, blocks numbered 37-40, 80-84, 124-127, and 168-169; in protraction diagram NK 19-9, blocks numbered 13-18, 58-63, 102- 105, 107-108, 146-149, 151-152, 191-193, 195-197, 235-237, 240- 242, 280-282, 284-286, 324-331, 368-376, 412-420, 456-465, 500- 510, 543-554, 587-594, 596-599, 631-637, 640-644, 675-688, 718- 733, 762-778, 805-821, 846-865, 887-891, 894-908, 930-950, and 972-994; in protraction diagram NK 19-10, blocks numbered 474- 478, 516-524, 560-568, 604-612, 647-660, 692-704, 737-748, 787- 792, 830-836, 873-880, 967-968, and 1011-1012; in protraction diagram NK 19-11, blocks numbered 621-632, 665-676, 700, 709- 720, 744, 753-764, 785, 797-808, 825-827, 841-852, 856-860, 869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-975, and 985-989; and in protraction diagram NK 19-12, blocks numbered 452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 617-621, 623-624, 661-662, 664-665, and 705-706; (M) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of New Hampshire; (N) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Maine; (O) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 145 miles of any point of the coast line of the State of California, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (P) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Oregon; (Q) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Washington; and (R) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Alaska, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act. (2) The lands with respect to which subsection (a) applies shall not include any portion of the Central or Western Gulf of Mexico planning areas of the Department of the Interior. (c)(1)(A) Notwithstanding section 5(a)(2) (A) and (B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the Secretary of the Interior shall cancel any lease or permit in effect on the date of enactment of this Act in areas described in subparagraph (B), and such cancellation shall entitle the lessee to receive compensation under section 5(a)(2)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)(C)). (B) The areas with respect to which subparagraph (A) applies are as follows: (i) Any lands south of 26 degrees north latitude and east of 86 degrees west longitude. (ii) Any lands within the North Aleutian Basin planning area of the Department of the Interior. (2) The Secretary of the Interior shall report to the Congress within 9 months after the date of the enactment of this Act on alternative options for compensating leaseholders on blocks numbered 204, 246, 247, 290, 291, 334, 335, 378, 379, 422, 423, 466, 467, 510, 511, 553, 554, 555, 597, 598, 599, 640, 641, and 642 on protraction diagram NI 18-2 of the Universal Transverse Mercator Grid System, assuming the compensation procedures outlined in section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334). These options shall include, to the extent practicable, credits in lieu of appropriations, such as credits on Federal royalties on producing Outer Continental Shelf leases.

Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified portions of the Outer Continental Shelf on both the Atlantic and Pacific coasts, including Alaska. Excludes from such proscription the Central and Western Gulf of Mexico planning areas of the Department of the Interior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nigeria Democracy Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Nigeria is one of the most important countries in Africa, with the largest population on the continent, a critically important role in West Africa, and tremendous economic and human potential. (2) The American and Nigerian people have enjoyed a long history of friendship and cooperation. (3) Since independence in 1960, Nigeria has experienced a series of military and civilian governments, marked by coups and political instability, including the devastating and tragic civil war in the Biafra region. (4) On June 12, 1993, Nigeria held a presidential election, which most observers believe generally represented the will of the Nigerian people despite imperfections in the electoral process, but the Nigerian military government nullified that election and later installed an interim government. (5) On September 23, 1993, General Sani Abacha overthrew the interim government and assumed power in a military coup, and more than two years later, on October 1, 1995, he announced a three-year transition to democratic elections, a period widely regarded as unnecessarily long. (6) The rule of General Abacha has been marked by egregious human rights abuses, a devastating economic decline, and rampant corruption. (7) On November 10, 1995, Ken Saro-Wiwa, an internationally-recognized human rights activist, and eight others, were executed following a seriously-flawed judicial proceeding despite numerous pleas for clemency from the international community; others, including M.K.O. Abiola, General Obasanjo, Beko Ransome-Kuti, and General Sheu Musa Yar'Adua, have been sentenced in secret tribunals to long prison terms. (8) Since 1993, the United States and other members of the international community, including Great Britain, have imposed limited sanctions against Nigeria to promote human rights and an expeditious transition to civilian, democratic government, but these efforts have had limited impact. (9) The continued military rule of General Abacha undermines confidence in the Nigerian economy, damages relations between Nigeria and the United States, threatens the political and economic stability of West Africa, and harms the lives of the people of Nigeria. SEC. 3. DECLARATION OF POLICY. The Congress declares that the United States, working in concert with the international community, should maintain a policy toward the Government of Nigeria that is designed to protect internationally recognized human rights, expedite the transition to civilian, democratic government, and promote equitable economic development in Nigeria. SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA. (a) United States Measures To Promote Democracy and Human Rights.-- (1) No assistance.--No assistance may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act to the Government of Nigeria. (2) International financial institutions.--The President shall instruct the United States Executive Director of each international financial institution to vote against any loan or other utilization of the funds of the respective institution to or from Nigeria. (3) Air transportation.--Air transportation with Nigeria shall be prohibited in accordance with subsection (b). (4) Defense articles and services.--No defense article or defense service may be sold or financed with respect to Nigeria, and no license to export to Nigeria a defense article or service may be issued. (5) Exclusion of nigerians from admission to the united states.--Except as required by United States treaty obligations, any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families shall be ineligible to receive a visa and shall be excluded from admission into the United States. (6) Eximbank, opic, and tda.--No funds available to the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency may be used with respect to Nigeria. (7) Prohibition of new investment.-- (A) No national of the United States may, directly or through another person, invest or participate in the liquefied natural gas project at Bonny, Nigeria. (B) In addition to the prohibition contained in subparagraph (A), no national of the United States may, directly or through another person, make any new investment in Nigeria, including new investments in the energy sector. (C) The prohibition contained in subparagraph (B) shall take effect 45 days after the date of enactment of this Act. (8) Assets freeze.--The President, acting through the Secretary of the Treasury, shall exercise the authority of the International Emergency Economic Powers Act to block the assets of any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families. (9) Sports.--It is the sense of Congress that the international community should consider excluding or suspending Nigeria from international sports activities, including the 1996 Summer Olympic Games. (b) Prohibition of Air Transportation With Nigeria.--(1)(A) The President shall immediately notify the Government of Nigeria of his intention to suspend the rights of any air carrier designated by the Government of Nigeria under any air transport agreement between the United States and Nigeria to service the routes provided in the agreement. (B) Ten days after the date of enactment of this Act, the President shall direct the Secretary of Transportation to revoke the right of any air carrier designated by the Government of Nigeria under such agreement to provide service pursuant to the agreement. (C) Ten days after the date of enactment of this Act, the President shall direct the Secretary of Transportation not to permit or otherwise designate any United States air carrier to provide service between the United States and Nigeria pursuant to such agreement. (2)(A) The Secretary of State shall terminate any air transport agreement between the Government of the United States and the Government of Nigeria in accordance with the provisions of that agreement. (B) Upon termination of such agreement, the Secretary of Transportation shall prohibit any aircraft of a foreign air carrier owned, directly of indirectly, by the Government of Nigeria or by Nigerian nationals from engaging in air transportation with respect to the United States. (C) The Secretary of Transportation shall prohibit the takeoff and landing in Nigeria of any aircraft by an air carrier owned, directly or indirectly, or controlled by a national of the United States or by any corporation or other entity organized under the laws of the United States or of any State. (3) The prohibitions contained in paragraph (1) or (2) do not apply when such air transportation is important to the national interest of the United States, including emergencies in which the safety of an aircraft or its crew or passengers is threatened. (4) For the purposes of this subsection, the terms ``aircraft'', ``air transportation'', and ``foreign air carrier'' have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). (c) Multilateral Measures To Promote Democracy and Human Rights.-- (1) The President should actively urge other countries to undertake steps, similar to those in subsections (a)(1)-(9), including freezing assets, to promote democracy and human rights in Nigeria. (2) The President, acting through the United States Permanent Representative to the United Nations, should actively pursue the passage of a resolution in the United Nations Security Council to impose an international arms embargo against Nigeria. (3) The President, both at the United Nations and together with other members of the international community, should actively seek multilateral support for an international embargo on the sale or distribution of any crude oil or refined petroleum product from Nigeria. (4) The President, acting through his representative, should actively pursue the passage of a resolution condemning Nigeria at the United Nations Human Rights Commission. (d) Waiver of Sanctions.--(1) The President may waive any of the sanctions contained in this section if he certifies to Congress-- (A) that the Government of Nigeria has-- (i) released all political prisoners; (ii) demonstrated a commitment to respecting internationally recognized human rights, including respect for the rule of law; and (iii) demonstrated an unequivocal commitment to civilian, democratic government; or (B) such waiver is important to the national interest of the United States. (2) In addition to the grounds of waiver set forth in paragraph (1), the President may waive the sanctions contained in subsection (a)(1) or (a)(4) for purposes of supporting international peacekeeping operations. (e) Termination of Sanctions.--The sanctions contained in this section terminate when the President certifies to Congress that the conditions contained in subsection (d)(1) have been met and the Nigerian Government is civilian and democratic. SEC. 5. ADDITIONAL MEASURES. (a) Sense of Congress.--It is the sense of Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months of the date of enactment of this Act in moving toward the establishment of civilian, democratic government and respect for internationally recognized human rights. (b) Report.--(1) The President shall prepare and transmit to the Congress within three months of enactment of this Act a report on the extent to which significant progress has been made toward the establishment of civilian, democratic government and respect for internationally recognized human rights. (2) If the President determines that significant progress has not been made by the Government of Nigeria in moving toward establishment of civilian, democratic government and respect for internationally recognized human rights, the President shall include in the report required by paragraph (1) steps taken under paragraphs (2) and (3) or subsection 4(c) to build support for an international oil and arms embargo, as well as a recommendation and analysis of additional unilateral measures to be imposed, including a unilateral oil embargo and a ban on the export of any refined petroleum product to Nigeria. SEC. 6. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institutions'' includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Mutual Investment Guarantee Agency, the African Development Bank, the African Development Fund, and the International Monetary Fund. (2) National of the united states.--The term ``national of the United States'' means-- (A) a natural person who is a citizen of the United States or is an alien lawfully admitted for permanent residence in the United States, as defined by section 101(a)(20) of the Immigration and Nationality Act; or (B) a corporation, partnership, or other business association which is organized under the law of the United States, any State or territory thereof, or the District of Columbia. (3) New investment.--The term ``new investment''-- (A) means-- (i) a commitment or contribution of funds or other assets, and (ii) a loan or other extension of credit, and (B) does not include-- (i) the reinvestment of profits generated by a controlled Nigerian entity into that same controlled Nigerian entity or the investment of such profits in a Nigerian entity; and (ii) contributions of money or other assets where such contributions are necessary to enable a controlled Nigerian entity to operate in an economically sound manner, without expanding its operations. (4) Nigerian entity.--The term ``Nigerian entity'' means-- (A) a corporation, partnership, or other business association or entity organized in Nigeria; or (B) a branch, office, agency, or sole proprietorship in Nigeria of a person that resides or is organized outside Nigeria.

Nigeria Democracy Act - Imposes certain economic sanctions against Nigeria to promote democracy and human rights there. Directs the President to notify Nigeria immediately of his intention to suspend air transportation between the United States and such country. Urges the President to seek multilateral support for an international embargo on the sale of arms to, and sale of crude oil or refined petroleum products from, Nigeria. Authorizes waiver of such sanctions if the President certifies to the Congress that: (1) Nigeria has released all political prisoners and demonstrated a commitment to respecting internationally-recognized human rights and civilian, democratic government; or (2) such waiver is important to the national interest. Declares the sense of the Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months after enactment of this Act toward the establishment of civilian, democratic government and respect for internationally recognized human rights. Requires a progress report from the President to the Congress, including specified recommendations if progress has not been made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Veterans Disabled for Life Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Armed Forces of the United States have answered the call and served with distinction around the world--from hitting the beaches in World War II in the Pacific and Europe, to the cold and difficult terrain in Korea, the steamy jungles of Vietnam, and the desert sands of the Middle East. (2) All Americans should commemorate those who come home having survived the ordeal of war, and solemnly honor those who made the ultimate sacrifice in giving their lives for their country. (3) All Americans should honor the millions of living disabled veterans who carry the scars of war every day, and who have made enormous personal sacrifices defending the principles of our democracy. (4) In 2000, Congress authorized the construction of the American Veterans Disabled for Life Memorial. (5) The United States should pay tribute to the Nation's living disabled veterans by minting and issuing a commemorative silver dollar coin. (6) The surcharge proceeds from the sale of a commemorative coin would raise valuable funding for the construction of the American Veterans Disabled for Life Memorial. SEC. 3. 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 350,000 $1 coins in commemoration of disabled American veterans, 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. (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 ``2010''; 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 Disabled Veterans' LIFE Memorial Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage 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.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2010. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Disabled Veterans' LIFE Memorial Foundation as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 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.

American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of disabled American veterans and emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial. Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York. Limits the period for coin issuance to calendar year 2010. Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Padres National Forest Land Exchange Act of 2005''. SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA. (a) Exchange Required.--If the United Water Conservation District of California (in this section referred to as the ``District'') conveys to the Secretary of Agriculture all right, title, and interest of the District in and to the lands described in subsection (b), the Secretary shall convey to the District, in exchange for such lands, all right, title, and interest of the United States in and to the National Forest System lands described in subsection (c). The conveyance of National Forest System lands under this section shall be subject to valid existing rights and to such terms, conditions, and reservations as may be required by this section or considered necessary by the Secretary. (b) Lands to Be Conveyed by District.--The lands to be conveyed by the District under subsection (a) consist of approximately 340 acres located within township 5 north, range 18 west, San Bernardino base and meridian and are more fully described as follows: (1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40 acres). (2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40 acres). (3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80 acres). (4) ``Tract D''--NE1/4 of section 21 (approximately 160 acres). (5) ``Tract E''--N1/2SW1/4SW1/4 of section 15 (approximately 20 acres). (c) Lands to Be Conveyed by Secretary.--The National Forest System lands to be conveyed by the Secretary under subsection (a) consist of approximately 440 acres located within township 5 north, range 18 west, San Bernardino base and meridian and are more fully described as follows: (1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80 acres). (2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40 acres). (3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15 (approximately 5 acres). (4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15 (approximately 20 acres). (5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15 (approximately 10 acres). (6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15 (approximately 5 acres). (7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately 2.5 acres). (8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15 (approximately 5 acres). (9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15 (approximately 2.5 acres). (10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15 (approximately 10 acres). (11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15 (approximately 2.5 acres). (12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15 (approximately 2.5 acres). (13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15 (approximately 10 acres). (14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22 (approximately 10 acres). (15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22 (approximately 2.5 acres). (16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22 (approximately 2.5 acres). (17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22 (approximately 20 acres). (18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately 40 acres). (19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately 80 acres). (20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22 (approximately 20 acres). (21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately 60 acres). (22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27 (approximately 10 acres). (d) Maps and Corrections Authority.--The lands to be exchanged under this section are depicted on maps entitled ``Los Padres National Forest Land Exchange'' and dated June 1, 2005. The maps shall be on file and available for public inspection in appropriate offices of the Forest Service until completion of the land exchange. By mutual agreement, the Secretary and the District may adjust the legal descriptions specified in subsections (b) and (c) and the boundaries depicted on the maps based upon survey or a determination that a modification would be in the public interest to correct errors or make minor adjustments in the lands to be exchanged under this section. (e) Processing of Land Exchange.-- (1) Equal value exchange.--The land exchange under this section shall be conducted on an equal value basis, as determined by the appraisal done in conformity with the Uniform Appraisal Standards for Federal Lands Standards for Acquisition and Forest Service appraisal instructions. (2) Title standards.--The Secretary shall require that title to the District lands to be acquired by the Secretary under this section is in conformity with the title standards of the Attorney General. (3) Completion.--The Secretary shall endeavor to complete the land exchange under this section within one year after the date of the enactment of this Act. (f) Easements and Access.-- (1) Reservation.--In the conveyance of the National Forest System lands under this section, the Secretary shall reserve easements for all roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to National Forest System lands. In particular, the Secretary shall reserve perpetual unrestricted rights of pedestrian and equestrian access over all existing roads and trails. (2) Construction of parking lot.--As a condition on the receipt of National Forest System lands under this section, the District shall agree to construct a gravel parking area upon District lands to provide access to the Potholes trail of the Los Padres National Forest. The site design for the parking area shall be subject to the approval by the Secretary. The District may reasonably regulate vehicular access to the parking area in accordance with rules and regulations promulgated in accordance with applicable law. (g) Partial Revocation of Withdrawals.--The public lands withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat. 956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power Project No. 2153, January 15, 1957, and Forest Service Land Order No. 3338, February 28, 1964, are hereby revoked insofar as they effect the National Forest System lands conveyed under this section. (h) Water Rights.--The land exchange under this section does not include any water rights owned by the District or the United States. (i) Cash Equalization.-- (1) Limits waived.--The values of the lands to be exchanged under this section may be equalized through the payment of a cash equalization payment in an amount in excess of the statutory limit specified in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Disposition and use of funds.--Any cash equalization payment received by the Secretary under this section shall be deposited into the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The payment shall be available to the Secretary for expenditure, without further appropriation and until expended, for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties. (j) Administrative Costs.--The costs of conducting the land exchange under this section shall be shared equally by the District and the Secretary. The costs to be shared include expenditures incurred for survey, mapping, appraisals, closing costs, recording fees, and similar expenditures, but do not include staff salaries, administrative overhead, attorney' fees, the cost of construction required by subsection (f)(2), or the costs to cure any title defects. (k) Effect of Exchange; Management of Acquired Lands.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as adjusted as a result of the land exchange under this section, shall be considered to be the boundaries of that national forest as of January 1, 1965. The District lands acquired by the Secretary under this section shall be added to and administered as part of the Los Padres National Forest in accordance with the laws and regulations applicable to that national forest. Passed the House of Representatives June 12, 2006. Attest: KAREN L. HAAS, Clerk.

Los Padres National Forest Land Exchange Act of 2005 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California (the District lands) and approximately 440 acres of National Forest System lands. Requires the land exchange to be conducted on an equal value basis, as determined by appraisal. Directs the Secretary to reserve easements in the conveyance of the National Forest System (NFS) lands for access to roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to NFS lands. Requires the District, as a condition on the receipt of the NFS land, to agree to construct a gravel parking area upon the District lands to provide access to the Potholes trail of the Los Padres National Forest. Subjects the site design for the parking area to approval by the Secretary. Permits the District to reasonably regulate vehicular access to the parking area. Revokes certain public lands withdrawals insofar as they affect the conveyed NFS lands. Exempts water rights from this land exchange. Permits the the values of the lands to be exchanged to be equalized through the payment of a cash equalization payment in excess of the statutory limit specified under the Federal Land Policy and Management Act of 1976. Requires the deposit of any cash equalization payment received by the Secretary under this Act into the fund established by the Sisk Act. Makes such payment available to the Secretary for expenditure for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties. Requires the costs of conducting the land exchange to be shared equally by the District and the Secretary. Adds the District lands acquired by the Secretary under this Act to the Los Padres National Forest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon and Fisheries Predation Prevention Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) prevention of predation by sea lions, recovery of salmonid stocks listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and prevention of the future listings of fish stocks in the Columbia River under such Act are a vital priority; and (2) the Federal Government should continue to fund lethal and nonlethal removal of sea lions as well as deterrence measures for preventing such predation. SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER NONLISTED FISH SPECIES. Section 120(f) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(f)) is amended to read as follows: ``(f) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River and Its Tributaries.-- ``(1) Removal authority.--Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity to authorize the intentional lethal taking on the waters of the Columbia River and its tributaries of individually identifiable sea lions that are part of a population or stock that is not categorized under this Act as depleted or strategic for the purpose of protecting-- ``(A) species of salmon, steelhead, or eulachon that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and ``(B) species of lamprey or sturgeon that are not listed as endangered or threatened but are listed as a species of concern. ``(2) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary for a permit under this subsection. ``(B) Deadline for consideration of application.-- The timelines and procedures described in subsection (c) shall apply to applications for permits under this subsection in the same manner such timelines apply to applications under subsection (b). ``(C) Coordination.--The Secretary shall establish procedures for coordination among eligible entities, including application procedures and timelines, geographic and species-specific considerations, and monitoring and periodic review. ``(D) Duration of permit.--A permit under this subsection shall be effective for not more than 5 years and may be renewed by the Secretary. ``(3) Limitations on annual takings.--The process for determining limitations on annual take of sea lions will follow the process established in subsection (c) and the cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed 10 percent of the annual potential biological removal level for sea lions. ``(4) Qualified individuals.--Intentional lethal takings under this subsection shall be humane and shall be implemented by agencies or qualified individuals described in subsection (c)(4), or by individuals employed by the eligible entities described in paragraph (6). ``(5) Suspension of permitting authority.--If, 5 years after the date of the enactment of the Endangered Salmon and Fisheries Predation Prevention Act, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, the Secretary shall suspend the issuance of permits under this subsection. ``(6) Eligible entity defined.-- ``(A) In general.-- ``(i) Definition.--In this subsection, subject to subparagraph (B), the term `eligible entity' means-- ``(I) with respect to removal in the mainstem of the Columbia River and its tributaries, the State of Washington, the State of Oregon, and the State of Idaho; ``(II) with respect to removal in the mainstem of the Columbia River and its tributaries, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Intertribal Fish Commission; and ``(ii) Delegation authority.--The Secretary may allow an eligible entity described in clause (i)(I) or (i)(II) to delegate its authority under a permit under this subsection to any eligible entity described in clause (i)(I) or (i)(II). ``(B) Additional eligibility.-- ``(i) In general.--Subject to the approval of the Secretary and in consultation with the Indian Tribes in subparagraph (A)(i)(II)-- ``(I) the State of Washington may enter into a memorandum of understanding with the Cowlitz Indian Tribe for deterrence and removal of sea lions on the Cowlitz River. ``(II) the State of Oregon may enter into a memorandum of understanding with the Confederated Tribes of the Grand Ronde Community of Oregon and the Confederated Tribes of Siletz Indians of Oregon for deterrence and removal of sea lions on the Willamette River. ``(ii) Considerations.--In determining eligibility under this subparagraph, the Secretary shall consider the capacity of each Indian tribe to manage wildlife to meet the requirements of this Act. ``(7) Individual exception.--For purposes of this section, any sea lion located upstream of Columbia River river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be individually identifiable. ``(8) Significant negative impact exception.--For purposes of this section, any sea lion located in the mainstem of the Columbia River upstream of river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be having a significant negative impact on the decline or recovery of salmonid fishery stocks described in subsection (b)(1). ``(9) Definition.--In this subsection, the term `Indian tribe' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).''. SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES. Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). SEC. 5. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall study and report to the Congress on the potential effects of the lethal taking of sea lions on the recovery of salmonid stocks in the waters of the Columbia River and the tributaries of the Columbia River. Passed the House of Representatives June 26, 2018. Attest: KAREN L. HAAS, Clerk.

Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation.

SECTION 1. CHARTER. The Ukrainian American Veterans, Incorporated, organized and incorporated under the laws of the State of New York, is hereby recognized and granted a Federal charter. SEC. 2. POWERS. The corporation shall have only the powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated and subject to the laws of such States. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its articles of incorporation and include a commitment, on a national basis, to-- (1) preserve, protect, and defend the Constitution of the United States; (2) commemorate the wars, campaigns, and military actions of the United States in order to reflect respect, honor, and tribute for the dead and the surviving veterans; (3) give individuals throughout the Nation a greater understanding of and appreciation for the sacrifices of the people who participated in any military action on behalf of individuals throughout the United States; (4) stimulate, to the highest degree possible, the interest of the entire Nation in the problems of veterans, their widows, and orphans; (5) collect, edit, publish, and preserve records and mementos of patriotic service of veterans of the Armed Forces of the United States; and (6) foster the association of veterans of Ukrainian descent who have served in the Armed Forces of the United States. SEC. 4. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation may inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. No provision in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer or director of the corporation, acting as such officer or director, may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (e) Claims of Federal Approval.--The corporation may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities. (f) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of New York. (g) Corporate Function.--The corporation shall function as an educational, patriotic, civic, and historical organization under the laws of the States in which it is incorporated. SEC. 5. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever the officers, directors, employees, and agents act within the scope of their authority. SEC. 6. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep, at its principal office, a record of the names of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--No provision of this section may be construed to contravene any applicable State law. SEC. 7. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under the Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``Ukrainian American Veterans, Incorporated.''. SEC. 8. ANNUAL REPORT. The corporation shall annually submit to the Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted at the same time as is the report of the audit required by section 7. The report shall not be printed as a public document. SEC. 9. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER. The right to amend or repeal this Act is expressly reserved to the Congress. SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``corporation'' means the Ukrainian American Veterans, Incorporated; and (2) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territories of the Pacific Islands, or any other territory or possessions of the United States. SEC. 11. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. SEC. 12. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any provisions of this Act.

Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Multifamily Rental Housing Loan Guarantee Demonstration Act''. SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by inserting after section 537 the following new section: ``SEC. 538. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. ``(a) Authority.--The Secretary may make commitments to guarantee eligible loans for the development costs of eligible housing and related facilities, and may guarantee such eligible loans, in accordance with this section. ``(b) Extent of Guarantee.--A guarantee made under this section shall guarantee repayment of an amount not exceeding the total of the amount of the unpaid principal and interest of the loan for which the guarantee is made. The liability of the United States under any guarantee under this section shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation. ``(c) Eligible Borrowers.--A loan guaranteed under this section may be made to a nonprofit organization, an agency or body of any State government or political subdivision thereof, or a private entity. ``(d) Eligible Housing.--A loan may be guaranteed under this section only if the loan is used for the development costs of housing and related facilities (as such terms are defined in section 515(e)) that-- ``(1) consists of 5 or more adequate dwellings; ``(2) is available for occupancy only by low or moderate income families or persons, whose incomes at the time of initial occupancy do not exceed 115 percent of the median income of the area, as determined by the Secretary; ``(3) will remain available as provided in paragraph (2), according to such binding commitments as the Secretary may require, for the period of the original term of the loan guaranteed, unless the housing is acquired by foreclosure (or instrument in lieu of foreclosure) or the Secretary waives the applicability of such requirement for the loan only after determining, based on objective information, that-- ``(A) there is no longer a need for low- and moderate-income housing in the market area in which the housing is located; ``(B) housing opportunities for low-income households and minorities will not be reduced as a result of the waiver; and ``(C) additional Federal assistance will not be necessary as a result of the waiver; and ``(4) is located in a rural area. ``(e) Eligible Lenders.-- ``(1) Requirement.--A loan may be guaranteed under this subsection only if the loan is made by a lender that the Secretary determines-- ``(A) meets the qualifications, and has been approved by the Secretary of Housing and Urban Development, to make loans for multifamily housing that are to be insured under the National Housing Act; ``(B) meets the qualifications, and has been approved by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to make loans for multifamily housing that are to be sold to such corporations; or ``(C) meets any qualifications that the Secretary may, by regulation, establish for participation of lenders in the loan guarantee program under this section. ``(2) Eligibility list and annual audit.--The Secretary shall establish a list of eligible lenders and shall annually conduct an audit of each lender included in the list for purposes of determining whether such lender continues to be an eligible lender. ``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection shall-- ``(1) provide for complete amortization by periodic payments to be made for a term not to exceed 40 years; ``(2) involve a rate of interest agreed upon by the borrower and the lender that does not exceed the maximum allowable rate established by the Secretary for purposes of this section and is fixed over the term of the loan; ``(3) involve a principal obligation (including initial service charges, appraisal, inspection, and other fees as the Secretary may approve) not to exceed-- ``(A) in the case of a borrower that is a nonprofit organization or an agency or body of any State or local government, 97 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; ``(B) in the case of a borrower that is a for- profit entity not referred to in subparagraph (A), 90 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; and ``(C) in the case of any borrower, for such part of the property as may be attributable to dwelling use, the applicable maximum per unit dollar amount limitations under section 207(c) of the National Housing Act; ``(4) be secured by a first mortgage on the housing and related facilities for which the loan is made, or otherwise, as the Secretary may determine necessary to ensure repayment of the obligation; and ``(5) for at least 20 percent of the loans made under this section, the Secretary shall provide the borrower with assistance in the form of credits pursuant to section 521(a)(1)(B) to the extent necessary to reduce the rate of interest under paragraph (2) to the applicable Federal rate, as such term is used in section 42(i)(2)(D) of the Internal Revenue Code of 1986. ``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed under this section, the Secretary may collect from the lender a fee equal to not more than 1 percent of the principal obligation of the loan. ``(h) Authority for Lenders To Issue Certificates of Guarantee.-- The Secretary may authorize certain eligible lenders to determine whether a loan meets the requirements for guarantee under this section and, subject to the availability of authority to enter into guarantees under this section, execute a firm commitment for a guarantee binding upon the Secretary and issue a certificate of guarantee evidencing a guarantee, without review and approval by the Secretary of the specific loan. The Secretary may establish standards for approving eligible lenders for a delegation of authority under this subsection. ``(i) Payment Under Guarantee.-- ``(1) Notice of default.--In the event of default by the borrower on a loan guaranteed under this section, the holder of the guarantee certificate for the loan shall provide written notice of the default to the Secretary. ``(2) Foreclosure.--After receiving notice under paragraph (1) and providing written notice of action under this paragraph to the Secretary, the holder of the guarantee certificate for the loan may initiate foreclosure proceedings for the loan in a court of competent jurisdiction, in accordance with regulations issued by the Secretary, to obtain possession of the security property. After the court issues a final order authorizing foreclosure on the property, the holder of the certificate shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)) upon (A) conveyance to the Secretary of title to the security property, (B) submission to the Secretary of a claim for payment under the guarantee, and (C) assignment to the Secretary of all the claims of the holder of the guarantee against the borrower or others arising out of the loan transaction or foreclosure proceedings, except claims released with the consent of the Secretary. ``(3) Assignment by secretary.--After receiving notice under paragraph (1), the Secretary may accept assignment of the loan if the Secretary determines that the assignment is in the best interests of the United States. Assignment of a loan under this paragraph shall include conveyance to the Secretary of title to the security property, assignment to the Secretary of all rights and interests arising under the loan, and assignment to the Secretary of all claims against the borrower or others arising out of the loan transaction. Upon assignment of a loan under this paragraph, the holder of a guarantee certificate for the loan shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)). ``(4) Requirements.--Before any payment under a guarantee is made under paragraph (2) or (3), the holder of the guarantee certificate shall exhaust all reasonable possibilities of collection on the loan guaranteed. Upon payment, in whole or in part, to the holder, the note or judgment evidencing the debt shall be assigned to the United States and the holder shall have no further claim against the borrower or the United States. The Secretary shall then take such action to collect as the Secretary determines appropriate. ``(j) Violation of Guarantee Requirements by Lenders Issuing Guarantees.-- ``(1) Indemnification.--If the Secretary determines that a loan guaranteed by an eligible lender pursuant to delegation of authority under subsection (h) was not originated in accordance with the requirements under this section and the Secretary pays a claim under the guarantee for the loan, the Secretary may require the eligible lender authorized under subsection (h) to issue the guarantee certificate for the loan-- ``(A) to indemnify the Secretary for the loss, if the payment under the guarantee was made within a reasonable period specified by the Secretary; or ``(B) to indemnify the Secretary for the loss regardless of when payment under the guarantee was made, if the Secretary determines that fraud or misrepresentation was involved in connection with the origination of the loan. ``(2) Termination of authority to issue guarantees.--The Secretary may cancel a delegation of authority under subsection (h) to an eligible lender if the Secretary determines that the lender has violated the requirements and procedures for guaranteed loans under this section or for other good cause. Any such cancellation shall be made by giving notice to the eligible lender and shall take effect upon receipt of the notice by the mortgagee or at a later date, as the Secretary may provide. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review. ``(k) Refinancing.--Any loan guaranteed under this section may be refinanced and extended in accordance with terms and conditions that the Secretary shall prescribe, but in no event for an additional amount or term that exceeds the limitations under subsection (f). ``(l) Nonassumption.--The borrower under a loan that is guaranteed under this section and under which any portion of the principal obligation or interest remains outstanding may not be relieved of liability with respect to the loan, notwithstanding the transfer of property for which the loan was made. ``(m) Geographical Targeting.-- ``(1) Study.--The Secretary shall provide for an independent entity to conduct a study to determine the extent to which borrowers in the United States will utilize loan guarantees under this section, the rural areas in the United States in which borrowers can best utilize and most need loans guaranteed under this section, and the rural areas in the United States in which housing of the type eligible for a loan guarantee under this section is most needed by low- and moderate-income families. The Secretary shall require the independent entity conducting the study to submit a report to the Secretary and to the Congress describing the results of the study not later than the expiration of the 90-day period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act. ``(2) Targeting.--In providing loan guarantees under this section, the Secretary shall establish standards to target and give priority to rural areas in which borrowers can best utilize and most need loans guaranteed under this section, as determined by the Secretary based on the results of the study under paragraph (1) and any other information the Secretary considers appropriate. ``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c) shall not apply to guarantees, or loans guaranteed, under this section. ``(o) Tenant Protections.--The Secretary shall establish standards for the treatment of tenants of housing developed using amounts from a loan guaranteed under this section, which shall incorporate, to the extent applicable, existing standards applicable to tenants of housing developed with loans made under section 515. Such standards shall include standards for fair housing and equal opportunity, lease and grievance procedures, and tenant appeals of adverse actions. ``(p) Housing Standards.--The standards established under section 515(m) for housing and related facilities assisted under section 515 shall apply to housing and related facilities the development costs of which are financed in whole or in part with a loan guaranteed under this section. ``(q) Limitation on Commitments To Guarantee Loans.-- ``(1) Requirement of appropriations.--The authority of the Secretary to enter into commitments to guarantee loans under this section, and to guarantee loans, shall be effective for any fiscal year only to the extent or in such amounts as are or have been provided in appropriations Acts for such fiscal year. ``(2) Limitation on projects and outstanding aggregate principal amount.--Subject to the limitation in paragraph (1), the Secretary may enter into commitments to guarantee loans under this section for not more than 25 housing projects in each of fiscal years 1995 and 1996, having an aggregate outstanding principal amount not exceeding $50,000,000 in each of such fiscal years. ``(r) Report.-- ``(1) In general.--The Secretary shall submit a report to the Congress, not later than the expiration of the 2-year period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act, describing the program under this section for guaranteeing loans. ``(2) Contents.--The report shall-- ``(A) describe the types of borrowers providing housing with loans guaranteed under this section, the areas served by the housing provided and the geographical distribution of the housing, the levels of income of the residents of the housing, the number of dwelling units provided, the extent to which borrowers under such loans have obtained other financial assistance for development costs of housing provided with the loans, and the extent to which borrowers under such loans have used low-income housing tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with the housing provided with the loans; ``(B) analyze the financial viability of the housing provided with loans guaranteed under this section and the need for project-based rental assistance for such housing; ``(C) include any recommendations of the Secretary for expanding or improving the program under this section for guaranteeing loans; and ``(D) include any other information regarding the program for guaranteeing loans under this section that the Secretary considers appropriate. ``(s) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(1) The term `development cost' has the meaning given the term in section 515(e). ``(2) The term `eligible lender' means a lender determined by the Secretary to meet the requirements of subparagraph (A), (B), (C), or (D) of subsection (e)(1). ``(3) The terms `housing' and `related facilities' have the meanings given such terms in section 515(e). ``(t) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 1995 and 1996 such sums as may be necessary for costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees made under this section. ``(u) Termination Date.--A loan may not be guaranteed under this section after September 30, 1996.''.

Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee eligible loans for the development costs of low or moderate income rural multifamily rental housing. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Number and appointment.-- (A) In general.--The Commission shall be composed of 7 members appointed by the President as follows: (i) One in consultation with the Speaker of the House of Representatives. (ii) One in consultation with the minority leader of the House of Representatives. (iii) One in consultation with the majority leader of the Senate. (iv) One in consultation with the minority leader of the Senate. (v) Three other members. (B) Ex officio members.--The President may appoint up to 4 Members of Congress (up to 2 from each House) as nonvoting ex officio members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Definition.--The term ``agency'', as used in this section, has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(1) with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2). (2) Use of savings.--The proposed legislation under paragraph (1)(B) shall provide that all funds saved by the implementation of the plan under paragraph (1)(A) shall be used for deficit reduction. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members 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. (c) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) 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. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(d). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification; and (2) the term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and minority leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) 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, or 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 implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 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 implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, 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 implementation bill shall occur. (5) 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 an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of the Senate and the House of Representatives.--This section is enacted by Congress-- (1) 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 an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2013 for carrying out this Act.

Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Requires the Commission to recommend: (1) realignment where a function performed by two or more agencies or programs can be consolidated; (2) realignment or elimination of any agency or program that has wasted federal funds; and (3) elimination of any agency or program that has completed its purpose, become irrelevant, or failed to meet objectives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Frontline Health Care Act of 2011''. SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating the second subpart XI (as added by section 10333 of Public Law 111-148) as subpart XII; (2) by redesignating the second section 340H (as added by such section 10333) as section 340I; and (3) by adding at the end the following: ``Subpart XIII--Frontline Health Care Services ``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the `Loan Repayment Program') under which, pursuant to contracts in accordance with this section-- ``(1) the Secretary agrees to make student loan repayments; and ``(2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. ``(b) Eligibility.--To be eligible to participate in the Loan Repayment Program, an individual must-- ``(1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and ``(2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(1) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(2). ``(2) Preference.--In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. ``(3) Recruitment for interdisciplinary programs.--The Secretary shall-- ``(A) determine the frontline care scarcity areas in which to place contract recipients under this section; and ``(B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. ``(4) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and ``(B) the individual agrees-- ``(i) to accept provision of such a student loan repayment to the individual; and ``(ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual's breach of the contract; and ``(4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. ``(e) Student Loan Repayment.-- ``(1) Amount.--The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. ``(2) Payments directly to loan provider.--The Secretary may contract with an individual's loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). ``(f) Breach of Contract.--If an individual breaches a written contract under this section by failing to begin such individual's service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and ``(2) any amount of interest, as determined by the Secretary. ``(g) Definitions.--In this section: ``(1) The term `frontline care scarcity area' means an area, population group, or facility that-- ``(A) is designated as a health professional shortage area under section 332; or ``(B) is designated by the State in which the area is located as having a shortage of frontline care services. ``(2) The term `frontline care services' means health care services-- ``(A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and ``(B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. ``(h) Implementation.--The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section.''.

Access to Frontline Health Care Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which the Secretary agrees to make student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Defines "frontline care services" as health care services in the fields of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Media Research Advancement Act'' or the ``CAMRA Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Congress has recognized the important role of electronic media in children's lives when it passed the Children's Television Act of 1990 (Public Law 101-437) and the Telecommunications Act of 1996 (Public Law 104-104), both of which documented public concerns about how electronic media products influence children's development. (2) Congress has held hearings over the past several decades to examine the impact of specific types of media products such as violent television, movies, and video games on children's and adolescents' health and development. These hearings and other public discussions about the role of media in children's and adolescents' development require behavioral and social science research to inform the policy deliberations. (3) There are important gaps in our knowledge about the role of electronic media and in particular, the newer interactive digital media, in children's and adolescents' healthy development. The consequences of very early screen usage by babies and toddlers on children's cognitive growth are not yet understood, nor has a research base been established on the psychological consequences of high definition interactive media and other format differences for child and adolescent viewers. (4) Studies have shown that children who primarily watch educational shows on television during their preschool years are significantly more successful in school 10 years later even when critical contributors to the child's environment are factored in, including their household income, parent's education, and intelligence. (5) The early stages of childhood are a critical formative period for development. Virtually every aspect of human development is affected by the environments and experiences that one encounters during his or her early childhood years, and media exposure is an increasing part of every child's social and physical environment. (6) As of the late 1990's, just before the National Institute of Child Health and Human Development funded 5 studies on the role of sexual messages in the media on children's and adolescents' sexual attitudes and sexual practices, a review of research in this area found only 15 studies ever conducted in the United States on this topic, even during a time of growing concerns about HIV infection. (7) In 2001, a National Academy of Sciences study group charged with studying Internet pornography exposure on youth found virtually no literature about how much children and adolescents were exposed to Internet pornography or how such content impacts their development. (8) In order to develop strategies that maximize the positive and minimize the negative effects of each medium on children's physical, cognitive, social, and emotional development, it would be beneficial to develop a research program that can track the media habits of young children and their families over time using valid and reliable research methods. (9) Research about the impact of the media on children and adolescents is not presently supported through one primary programmatic effort. The responsibility for directing the research is distributed across disparate agencies in an uncoordinated fashion, or is overlooked entirely. The lack of any centralized organization for research minimizes the value of the knowledge produced by individual studies. A more productive approach for generating valuable findings about the impact of the media on children and adolescents would be to establish a single, well-coordinated research effort with primary responsibility for directing the research agenda. (10) Due to the paucity of research about electronic media, educators and others interested in implementing electronic media literacy initiatives do not have the evidence needed to design, implement, or assess the value of these efforts. (b) Purpose.--It is the purpose of this Act to enable the National Institute of Child Health and Human Development to-- (1) examine the role and impact of electronic media in children's and adolescents' cognitive, social, emotional, physical, and behavioral development; and (2) provide for a report to Congress containing the empirical evidence and other results produced by the research funded through grants under this Act. SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452H. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. ``(a) In General.--The Director of the Institute shall enter into appropriate arrangements with the National Academy of Science in collaboration with the Institute of Medicine to establish an independent panel of experts to review, synthesize and report on research, theory, and applications in the social, behavioral, and biological sciences and to establish research priorities regarding the positive and negative roles and impact of electronic media use, including television, motion pictures, DVD's, interactive video games, and the Internet, and exposure to that content and medium on youth in the following core areas of child and adolescent development: ``(1) Cognitive.--The role and impact of media use and exposure in the development of children and adolescents within such cognitive areas as language development, attention span, problem solving skills (such as the ability to conduct multiple tasks or `multitask'), visual and spatial skills, reading, and other learning abilities. ``(2) Physical.--The role and impact of media use and exposure on children's and adolescent's physical coordination, diet, exercise, sleeping and eating routines, and other areas of physical development. ``(3) Socio-behavioral.--The influence of interactive media on children's and adolescent's family activities and peer relationships, including indoor and outdoor play time, interaction with parents, consumption habits, social relationships, aggression, prosocial behavior, and other patterns of development. ``(b) Pilot Projects.--During the first year in which the National Academy of Sciences panel is summarizing the data and creating a comprehensive research agenda in the children and adolescents and media area under subsection (a), the Secretary shall provide for the conduct of initial pilot projects to supplement and inform the panel in its work. Such pilot projects shall consider the role of media exposure on-- ``(1) cognitive and social development during infancy and early childhood; and ``(2) the development of childhood and adolescent obesity, particularly as a function of media advertising and sedentary lifestyles that may co-occur with heavy media diets. ``(c) Research Program.--Upon completion of the review under subsection (a), the Director of the National Institute of Child Health and Human Development shall develop and implement a program that funds additional research determined to be necessary by the panel under subsection (a) concerning the role and impact of electronic media in the cognitive, physical, and socio-behavioral development of children and adolescents with a particular focus on the impact of factors such as media content, format, length of exposure, age of child or adolescent, and nature of parental involvement. Such program shall include extramural and intramural research and shall support collaborative efforts to link such research to other National Institutes of Health research investigations on early child health and development. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) prepare and submit to the Director of the Institute an application at such time, in such manner, and containing such information as the Director may require; and ``(2) agree to use amounts received under the grant to carry out activities that establish or implement a research program relating to the effects of media on children and adolescents pursuant to guidelines developed by the Director relating to consultations with experts in the area of study. ``(e) Use of Funds Relating to the Media's Role in the Life of a Child or Adolescent.--An entity shall use amounts received under a grant under this section to conduct research concerning the social, cognitive, emotional, physical, and behavioral development of children or adolescents as related to electronic mass media, including the areas of-- ``(1) television; ``(2) motion pictures; ``(3) DVD's; ``(4) interactive video games; ``(5) the Internet; and ``(6) cell phones. ``(f) Reports.-- ``(1) Report to director.--Not later than 12 months after the date of enactment of this section, the panel under subsection (a) shall submit the report required under such subsection to the Director of the Institute. ``(2) Report to congress.--Not later than December 31, 2011, the Director of the Institute shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and Committee on Education and the Workforce of the House of Representatives a report that-- ``(A) summarizes the empirical evidence and other results produced by the research under this section in a manner that can be understood by the general public; ``(B) places the evidence in context with other evidence and knowledge generated by the scientific community that address the same or related topics; and ``(C) discusses the implications of the collective body of scientific evidence and knowledge regarding the role and impact of the media on children and adolescents, and makes recommendations on how scientific evidence and knowledge may be used to improve the healthy developmental and learning capacities of children and adolescents. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $10,000,000 for fiscal year 2006; ``(2) $15,000,000 for fiscal year 2007; ``(3) $15,000,000 for fiscal year 2008; ``(4) $25,000,000 for fiscal year 2009; and ``(5) $25,000,000 for fiscal year 2010.''.

Children and Media Research Advancement Act or CAMRA Act - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to establish an independent panel of experts to: (1) review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences regarding the roles and impact of the use of and exposure to electronic media on youth in certain core areas of child and adolescent development; and (2) establish research priorities regarding such issues. Requires the Secretary of Health and Human Services to conduct initial pilot projects to supplement and inform the panel's work. Requires the Director to develop and implement a program that funds additional research determined to be necessary by the panel concerning the role and impact of electronic media in the development of children and adolescents, with a particular focus on media content, format, length of exposure, age of the child or adolescent, and nature of parental involvement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Building Heights Act of 1994''. SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA. (a) Use of Street Width to Determine Maximum Height of Building.-- Section 5(a) of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5- 405(a), D.C. Code), is amended-- (1) by striking ``the course of which'' and inserting ``the alignment of which''; and (2) by adding at the end the following: ``For purposes of this subsection, a `street' includes any road, avenue, drive, cart way, or other route open to the public as a regular right- of-way, but does not include an alley.''. (b) Limitations on Size and Height of Roof Structures.--Section 5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking ``Spires, towers,'' and all that follows through ``the adjacent roof:'' and inserting the following: ``Roof structures that are not constructed or used for human occupancy (including structures housing machinery or equipment) may be erected to a greater height than any limit otherwise prescribed in this Act if approved by the Mayor of the District of Columbia: Provided, That such structures when above such limit shall be fireproof: Provided further, That such a structure (other than a spire, tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances not less than the structure's height above the adjacent roof: Provided further, That the Mayor of the District of Columbia may not waive the requirement described in the previous proviso with respect to a structure unless the Mayor of the District of Columbia finds that the application of the requirement to the structure will be unduly restrictive or highly impractical, and that the waiver of the requirement will not materially interfere with the purpose of this Act or adversely affect the exposure of adjacent buildings to light and air: Provided further, That for purposes of this subsection, an `exterior or bounding wall' of a building is any wall having a dimension of 4 feet or more in height or horizontal depth exposed to the outside, other than a building wall that directly abuts a structure with a height equal to or greater than the height of the building, and a `roof' is the exterior surface and supporting structure on the top of a building: Provided further, That for purposes of this subsection a skylight shall not be considered a roof structure if it is less than 5 feet in height:''. (c) Increase in Penalties for Violations.-- (1) General penalty for violation.--Section 8 of such Act (sec. 5-408, D.C. Code) is amended by striking ``not less than $10 nor more than $100 per day'' and inserting ``not more than $10,000 per day''. (2) Penalty for violation of injunction.--Section 8 of such Act (sec. 5-408, D.C. Code) is amended by striking ``not less than $100 nor more than $500,'' and inserting ``not more than $100,000,''. SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION TO ENFORCE BUILDING HEIGHT LIMITATIONS. (a) Requiring NCPC Approval for Roof Structures Exceeding General Limitations.-- (1) In general.--Section 5(h) of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code), as amended by section 2(b), is amended by striking ``Mayor of the District of Columbia'' each place it appears and inserting ``Mayor of the District of Columbia and the National Capital Planning Commission''. (2) Conforming amendment.--Section 5(c) of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is amended-- (A) by inserting after ``the Council,'' the following: ``and to include the approval of the height of any roof structure of any building in the District of Columbia (as described in section 5(h) of the Act entitled `An Act to regulate the height of buildings in the District of Columbia', approved June 1, 1910),''; and (B) by striking the period at the end and inserting the following: ``, and its approval or disapproval respecting any such height within 45 days after the day it was submitted to the Commission.''. (b) Permitting NCPC or Members to Request NCPC Approval of Height of Any Building in District.--Section 5(c) of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1- 2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2), is amended by inserting after ``June 1, 1910),'' the following: ``and, at the request of the Commission or any of its members, the determination of whether any building proposed to be constructed in the District of Columbia meets the requirements of such Act,''. (c) Providing Standing for NCPC or Members To Enforce Building Height Limitations.-- (1) Authority of commission and members.--Section 5 of the Act entitled ``An Act providing for a comprehensive development of the park and playground system of the National Capital'', approved June 6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d) is amended by adding at the end the following new subsection: ``(f)(1) The Commission and each of its members shall have standing to enforce any limitation on buildings and structures in the District of Columbia described in the Act entitled `An Act to regulate the height of buildings in the District of Columbia', approved June 1, 1910. ``(2) If a member of the Commission exercises the authority provided under paragraph (1) to enforce a limitation on buildings and structures, the member shall exercise the authority in the member's own name and at the member's own expense unless the Commission authorizes the member to exercise the authority in the name of the Commission and at the Commission's expense.''. (2) Conforming authority under building heights act.-- Section 8 of the Act entitled ``An Act to regulate the height of buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-408, D.C. Code), is amended-- (A) in the first sentence, by striking ``his assistants'' and inserting ``his assistants, or by the National Capital Planning Commission or any of its members (in accordance with section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924),''; and (B) in the second sentence, by inserting after ``District of Columbia'' the first place it appears the following: ``or the National Capital Planning Commission or any of its members (in accordance with section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924)''. (3) Conforming amendment.--Section 11 of the Act of June 20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by adding at the end the following: ``Nothing in this section shall be construed to limit the standing of the National Capital Planning Commission or any of its members to enforce any limitation on buildings and structures in the District of Columbia pursuant to section 5(f) of the Act entitled `An Act providing for a comprehensive development of the park and playground system of the National Capital', approved June 6, 1924.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to buildings and structures in the District of Columbia for which building permits or modifications to building permits are issued on or after March 23, 1994.

District of Columbia Building Heights Act of 1994 - Amends the District of Columbia Code to revise provisions with respect to street widths controlling building heights in the District to require that if the alignment (currently, course) of streets forming an intersection is not interrupted by a public space or reservation confronting a building, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Defines "street" to mean any road, avenue, drive, cart way, or other route open to the public as a regular right-of-way, but not an alley. Replaces provisions allowing the heights of spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks to exceed mandatory limitations with provisions allowing roof structures that are not constructed or used for human occupancy to be erected to a greater height than any mandatory limit for the District with the Mayor's approval, provided that: (1) the roof structure must be fireproof; and (2) such structure (other than a spire, tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances (not less than) its height above the adjacent roof. Authorizes the Mayor to waive the latter requirement if it would be unduly restrictive or impracticable and if such waiver would not materially interfere with the Act or adversely affect the exposure of adjacent buildings to light and air. Provides that a skylight shall not be considered a roof structure if it is less than five feet in height. Increases the fine for violation of: (1) the Act to not more than $10,000 per day (currently, not less than ten dollars nor more than $100 per day); and (2) a court injunction resulting from such violation to not more than $100,000 (currently, not less than $100 nor more than $500). Requires the approval of the National Capital Planning Commission (NCPC) and the Mayor before a roof structure of any building in the District can exceed building height limitations. Allows the NCPC or any of its members to request a determination of whether any building proposed to be constructed in the District meets mandatory requirements. Provides that the NCPC and each of its members shall have standing to enforce any limitation on the heights of buildings and structures in the District.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (3) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (4) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (5) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; and (6) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers. SEC. 3. BACKGROUND CHECKS. (a) In General.--An association of employers of private security officers, designated for the purpose of this section by the Attorney General, may submit fingerprints or other methods of positive identification approved by the Attorney General, to the Attorney General on behalf of any applicant for a State license or certificate of registration as a private security officer or employer of private security officers. In response to such a submission, the Attorney General may, to the extent provided by State law conforming to the requirements of the second paragraph under the heading ``Federal Bureau of Investigation'' and the subheading ``Salaries and Expenses'' in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which such applicant has applied. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that States should participate in the background check system established under section 3. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``employee'' includes an applicant for employment; (2) the term ``employer'' means any person that-- (A) employs one or more private security officers; or (B) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); (3) the term ``private security officer''-- (A) means-- (i) an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, or (ii) an individual who is an employee of an electronic security system company who is engaged in one or more of the following activities in the State: burglar alarm technician, fire alarm technician, closed circuit television technician, access control technician, or security system monitor; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, or (v) an individual on active duty in the military service; (4) the term ``certificate of registration'' means a license, permit, certificate, registration card, or other formal written permission from the State for the person to engage in providing security services; (5) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the secure movement of prisoners; (G) the maintenance of order and safety at athletic, entertainment, or other public activities; (H) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (I) the transportation of money or other valuables by armored vehicle; and (6) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Passed the House of Representatives September 26, 1996. Attest: ROBIN H. CARLE, Clerk.

Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds: (1) The National Park Service was established to conserve the national parks, their scenery, natural and historic objects, and wildlife for the enjoyment, in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (2) The central purpose of the establishment of our national parks is being challenged by chronic funding shortfalls, which have created annual shortfalls in operational funding that exceed $600,000,000, and have amassed a maintenance backlog estimated by the General Accounting Office at between $4,080,000,000 and $6,800,000,000. (3) Without providing the Park Service the resources necessary to operate and maintain our national parks, future generations will receive diminished visitor services, will experience a continually weakening system that is less and less able to fulfill its mission, and will inherit a national park system than has been left to them in worse condition that it was left to their ancestors. (4) The annual appropriations process has proved incapable of fully addressing the debilitating funding shortfalls of the national parks, making it necessary to supplement what the appropriations process is able to accomplish. (5) It is necessary to ensure that fiscal resources devoted to the national parks are spent wisely and effectively, making strong congressional oversight over annual appropriations extremely important. (6) Congress can enhance the resources available for national park operations and ensure adequate oversight over Park Service spending by removing from the appropriations process a series of funding responsibilities that are outside the core operating budgets for the national parks. (b) Purpose.--The purpose of this Act is to eliminate the annual operating deficit and the maintenance backlog in the national parks by the centennial anniversary of the National Park System by enabling Congress to focus on overseeing and fully funding the core operations of the national parks in the annual appropriations process. TITLE I--CENTENNIAL FUND SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS. (a) Establishment.--There is established in the Treasury of the United States a fund which shall be known as the ``National Park Centennial Fund'', hereinafter in this Act referred to as the ``Centennial Fund''. In each fiscal year beginning in fiscal year 2005, the Secretary of the Treasury shall deposit in the Centennial Fund amounts set forth in subsection (b) sufficient to fund the programs identified in titles II, III, and IV. (b) Appropriations.--There are hereby appropriated to the Centennial Fund in each fiscal year, the following amounts: (1) Amounts equivalent to the amounts designated in the fiscal year concerned under section 6097 of the Internal Revenue Code of 1986. (2) Any additional amounts necessary to make the total amounts deposited to the Centennial Fund each fiscal year equal to the total amount listed in section 103. SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be used for the benefit of units of the National Park System. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for the benefit of units of the National Park System''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 103. PROGRAM ALLOCATION. The following amounts shall be deposited in the Centennial Fund from amounts designated under section 102 (and from the General Fund of the Treasury to the extent the amounts so designated are less than the total amounts specified in this section for the fiscal year concerned). Such amounts shall, without further appropriation, be available to the Secretary of the Interior until expended: (1) Fiscal year 2005: $100,000,000. (2) Fiscal year 2006: $125,000,000. (3) Fiscal year 2007: $150,000,000. (4) Fiscal year 2008: $175,000,000. (5) Such sums as may be necessary through fiscal year 2016. SEC. 104. DISTRIBUTION OF FUND. There are hereby created within the Centennial Fund 3 accounts, designated for the following purposes: (1) National Park Backlog Elimination Fund (60 percent). (2) Natural Resource Challenge Fund (20 percent). (3) Cultural Resource Challenge Fund (20 percent). SEC. 105. PATRIOTS FOR PARKS PROMOTION. There are hereby authorized to be appropriated to the Secretary of the Interior such sums as necessary for a public awareness campaign about the existence of the National Park Centennial Fund created in section 101 and the ability of taxpayers to contribute to it through the tax checkoff created in section 6097 of the Internal Revenue Code of 1986. TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG SEC. 201. BACKLOG ELIMINATION. (a) In General.--Sixty percent of the funds deposited into the Centennial Fund shall be used to eliminate the backlog of unmet needs in the National Parks, as identified in the Facility Condition Index (hereinafter in this Act referred to as the ``FCI'') of the National Park Service. (b) Priorities.--(1) The Secretary of the Interior shall prepare, as part of the annual budget proposal, a priority list for projects to be funded under this section. Moneys shall be made available from the fund, without further appropriation, effective October 15 of each calendar year, for the projects identified on the priority list, unless prior to such date, legislation is enacted establishing a different priority list. (2) In preparing the list of projects to be funded under this section, the Secretary of the Interior shall give priority to projects that-- (A) are identified in the park unit's general management plan; (B) are listed in the FCI; (C) are identified by the Secretary of the Interior as necessary to prevent immediate damage to the park unit's natural, cultural, or historic resources, with priority given to projects with the most significant benefit to conservation of resources or visitor education; and (D) are identified as necessary to promote public health and safety. (c) Overhead.--National Parks undertaking projects under this section may allocate up to 8 percent of the funds for such projects for oversight of such projects and other associated overhead responsibilities. TITLE III--PROTECTING NATURAL WONDERS SEC. 301. NATURAL RESOURCE CHALLENGE. (a) Natural Resource Protection.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect natural resources within the parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year for activities that include each of the following: (1) Natural resource inventories. (2) Monitoring efforts including air and water quality monitoring. (3) Protection of native and endangered species and their habitats. (4) Control of nonnative species. (5) Resource planning. (6) Increase collaboration with scientists. (7) Authorized environmental restoration projects. (8) Use of parks for learning. (9) Establishment of partnerships with nonpark entities for the purpose of leveraging Federal funds allocated to natural resource protection. TITLE IV--PROTECTING NATIONAL TREASURES SEC. 401. CULTURAL RESOURCE CHALLENGE. (a) Cultural Resources.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect cultural resources within the national parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the fund, without further appropriation, effective October 15 of each calendar year for activities that include each of the following: (1) Cultural or historic resources not listed on the FCI. (2) Documenting and preserving archaeological sites. (3) Preserving collections and archives. (4) Ethnographic activities. (5) Evaluating and protecting cultural landscapes. (6) Establishment of partnerships with non-park entities for the purpose of leveraging Federal funds allocated to cultural resource protection. TITLE V--MEETING ANNUAL OPERATING NEEDS SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS. (a) GAO Report.--The General Accounting Office annually shall submit to the Committee on Appropriations, Committee on Government Reform, and Committee on Resources of the United States House of Representatives and to the Committee on Appropriations, Committee on Government Affairs, and Committee on Energy and Natural Resources of the United States Senate a report that describes each of the following: (1) The progress of Congress in eliminating the annual operating fund deficit in the National Park System, defined as in excess of $600,000,000 based on a fiscal year 2002 estimate of then-complete national park business plans, and projection of when such deficit will be eliminated, based on funding levels and trends. (2) A comparison of business plan estimates of national park needs versus actual funds appropriated to such parks. (3) Any differences in the Park Service's business plan methodology for the estimate in paragraph (2) of this subsection compared to that used in fiscal year 2003. (4) Management improvement measures undertaken by individual park units and by the National Park Service as a whole, including actual realized savings and actual impact on visitor services and resource protection. (5) Adjustments in, and the total number of, full-time equivalent and actual positions dedicated to resource protection, visitor services, interpretation, and other employment categories. (6) Any adjustments made in service to the public, including but not limited to adjustments to visitor center hours and the number or quality of ranger-led tours. (7) Any changes in the Park Service's level of effort due to partnership or other leveraged activities. (8) Any new requirements and assessments placed on the parks for unbudgeted expenses, including, but not limited to, homeland security, natural disasters, and employee cost-of- living adjustments. (9) An assessment of the accuracy and completeness of the Facility Condition Index described in Title I of this Act, including adjustments made to such Index on an annual basis. (b) Business Plan Implementation Pilot (Demonstration) Program.--In consultation with the Director of the National Park Service, at least 60 percent of the amounts provided under Titles II, III, and IV shall be distributed to national parks that have completed comprehensive business plans under the Business Plan Initiative of the National Park Service. (c) Education and the National Parks.--The Secretary of Education is hereby authorized to provide grants to elementary and secondary schools to enter into cooperative agreements with the National Park Service for the purpose of distance learning and onsite education programs for the following purposes: (1) Connecting students to the history of our Nation through the national parks. (2) Using the parks to facilitate scientific instruction. (d) Intent of Congress to Supplement Annual Appropriations for National Park Service.--Amounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for the National Park Service.

National Park Centennial Act of 2004 - Establishes the National Park Centennial Fund (Fund) in the Treasury. Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior. Creates within the Fund the National Park Backlog Elimination Fund, the Natural Resource Challenge Fund, and the Cultural Resource Challenge Fund. Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions. Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS. Directs the Government Accountability Office annually to submit a report on the National Park System to specified congressional committees. Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sierra National Forest Land Exchange Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Sequoia Council of the Boy Scouts of America. (2) Federal land.--The term ``Federal land'' means the parcel of land comprising 160 acres and located in E\1/2\SW\1/4\ and W\1/ 2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt. Diablo Meridian, California. (3) Non-federal land.--The term ``non-Federal land'' means a parcel of land comprising approximately 80 acres and located in N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt. Diablo Meridian, California. (4) Project no. 67.--The term ``Project No. 67'' means the hydroelectric project licensed pursuant to the Federal Power Act (16 U.S.C. 791a et seq.) as Project No. 67. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA. (a) Exchange Authorized.-- (1) In general.--If, during the 1-year period beginning on the date of enactment of this Act, the owner of the non-Federal land offers to convey to the United States title to the non-Federal land and to make a cash equalization payment of $50,000 to the United States, the Secretary shall convey to the owner of the non-Federal land, all right, title, and interest of the United States in and to the Federal land, except as provided in subsection (d), subject to valid existing rights, and under such terms and conditions as the Secretary may require. (2) Correction and modification of legal descriptions.-- (A) In general.--The Secretary, in consultation with the owner of the non-Federal land, may agree to make corrections to the legal descriptions of the Federal land and non-Federal land. (B) Modifications.--The Secretary and the owner of the non- Federal land may agree to make minor modifications to the legal descriptions if the modifications do not affect the overall value of the exchange by more than 5 percent. (b) Valuation of Land To Be Conveyed.--For purposes of this section, during the period referred to in subsection (a)(1)-- (1) the value of the non-Federal land shall be considered to be $200,000; and (2) the value of the Federal land shall be considered to be $250,000. (c) Administration of Land Acquired by United States.--On acquisition by the Secretary, the Secretary shall manage the non- Federal land in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.); and (2) any other laws (including regulations) applicable to the National Forest System. (d) Conditions on Conveyance of Federal Land.--The conveyance by the Secretary under subsection (a) shall be subject to the conditions that-- (1) the recipient of the Federal land convey all 160 acres of the Federal land to the Council not later than 120 days after the date on which the recipient receives title to the Federal land; (2) in accordance with section 4(a), the Secretary grant to the owner of Project No. 67 an easement; and (3) in accordance with section 4(b), the owner of Project No. 67 has the right of first refusal regarding any reconveyance of the Federal land by the Council. (e) Disposition and Use of Cash Equalization Funds.-- (1) In general.--The Secretary shall deposit the cash equalization payment received under subsection (a)(1) in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (2) Use.--Amounts deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land and any interests in land for the National Forest System in the State of California. (f) Cost Collection Funds.-- (1) In general.--The owner of the non-Federal land shall pay to the Secretary all direct costs associated with processing the land exchange under this section. (2) Cost collection account.-- (A) In general.--Any amounts received by the Secretary under paragraph (1) shall be deposited in a cost collection account. (B) Use.--Amounts deposited under subparagraph (A) shall be available to the Secretary until expended, without further appropriation, for the costs associated with the land exchange. (C) Refund.--The Secretary shall provide to the owner of the non-Federal land a refund of any amounts remaining in the cost collection account after completion of the land exchange that are not needed to cover expenses of the land exchange. (g) Land and Water Conservation Fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Sierra National Forest shall be considered to be the boundaries of the Sierra National Forest as of January 1, 1965. SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL. In accordance with the agreement entered into by the Forest Service, the Council, and the owner of Project No. 67 entitled the ``Agreement to Convey Grant of Easement and Right of First Refusal'' and executed on April 17, 2006-- (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to the owner of Project No. 67. SEC. 5. EXERCISE OF DISCRETION. In exercising any discretion necessary to carry out this Act, the Secretary shall ensure that the public interest is well served. SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER COMMERCIAL PURPOSES. Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C. 15855(d)) is amended by striking ``$50,000,000 for each of the fiscal years 2006 through 2016'' and inserting ``$50,000,000 for fiscal year 2006 and $35,000,000 for each of fiscal years 2007 through 2016''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Sierra National Forest Land Exchange Act of 2006 - Directs the Secretary of Agriculture to convey specified federal land in Mt. Diablo Meridian, California, in exchange for certain non-federal land in Mt. Diablo Meridian and a payment of $50,000, if the owner of such land offers to make such exchange during the year following enactment of this Act. Requires that the recipient of the federal land convey all 160 acres of such land to the Sequoia Council of the Boy Scouts of America within 120 days after the date on which the recipient receives title to that land. Directs the Secretary to: (1) manage the non-federal land received in accordance with the Weeks Act and any other laws, including regulations, applicable to the National Forest System; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California. Requires that the owner of the non-federal land pay to the Secretary all direct costs associated with processing the land exchange. Requires any such amounts received by the Secretary to be deposited in a cost collection account to be expended for the costs associated with the land exchange. Provides for the refund of any amounts remaining in such account after completion of the land exchange that are not needed to cover the expenses of such exchange. Considers the boundaries of the Sierra National Forest to be its boundaries as of January 1, 1965. States that, in accordance with a specified agreement entered into by the Forest Service, the Council, and the owner of the hydroelectric Project No. 67 and executed on April 17, 2006: (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to that owner. Requires the Council to provide to the owner of the project, under such terms and conditions as are agreed to by the Council and such owner, a right of first refusal to obtain the federal land, or a portion of such land, that the Council proposes to sell, transfer, or otherwise convey. Instructs the Secretary, in exercising any discretion necessary to carry out this Act, to ensure that the public interest is well served. Amends the Energy Policy Act of 2005 to decrease the amount provided for carrying out the Biomass Commercial Use Grant Program and the Improved Biomass Use Grant Program for FY2007-FY2016.

SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2010''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'' for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1) at least 2 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (3) Timeliness of appointments.--Appointments to the Commission shall be made as expeditiously as possible, but not later than 60 days after the date of enactment of this Act. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests; and (3) examine and determine-- (A) why the Federal Government's use of the exemptions under section 552(b) of title 5, United States Code, increased during fiscal year 2009; (B) the reasons for any increase, including whether the increase was warranted and whether the increase contributed to FOIA processing delays; (C) what efforts were made by Federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests and whether those efforts were successful; and (D) make recommendations on how the use of exemptions under section 552(b) of title 5, United States Code, may be limited. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Archivist of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) Travel Expenses.--The members 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. (j) Transparency.--All meetings of the Commission shall be open to the public, except that a meeting, or any portion of it, may be closed to the public if it concerns matters or information described in chapter 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e). Passed the Senate May 5, 2010. Attest: NANCY ERICKSON, Secretary.

Faster FOIA Act of 2010 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited. Directs the Commission to report to Congress and the President on the results of the study not later than one year after enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adam Walsh Reauthorization Act of 2016''. SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM REAUTHORIZATION. Section 126(d) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General $20,000,000 for each of the fiscal years 2017 through 2021, to be available only for the SOMA program.''. SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION REQUIREMENTS. Section 142(b) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16941(b)) is amended by striking ``such sums as may be necessary for fiscal years 2007 through 2009'' and inserting ``to the United States Marshals Service not less than $66,300,000 for each of the fiscal years 2017 through 2021''. SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN JUVENILES. Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by striking ``25 years'' and inserting ``15 years''. SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION. Section 118(c) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16918(c)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent; and''. SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE PENALTY UNDER SORNA. Section 125 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16925(a)) is amended-- (1) by striking ``jurisdiction'' each place it appears and inserting ``State''; (2) in subsection (a)-- (A) by striking ``subpart 1 of part E'' and inserting ``section 505(c)''; and (B) by striking ``(42 U.S.C. 3750 et seq.)'' and inserting ``(42 U.S.C. 3755(c))''; and (3) by adding at the end the following: ``(e) Calculation of Allocation to Units of Local Government.-- Notwithstanding the formula under section 505(c) of the Omnibus Crime Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is subject to a reduction in funding under subsection (a) shall-- ``(1) calculate the amount to be made available to units of local government by the State pursuant to the formula under section 505(c) using the amount that would otherwise be allocated to that State for that fiscal year under section 505(c) of that Act, and make such amount available to such units of local government; and ``(2) retain for the purposes described in section 501 any amount remaining after the allocation required by paragraph (1).''. SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS. Section 635 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16991) is amended-- (1) by striking ``Not later than July 1 of each year'' and inserting ``On January 1 of each year,''; (2) in paragraph (3), by inserting before the semicolon at the end the following: ``, and an analysis of any common reasons for noncompliance with such Act''; (3) in paragraph (4), by striking ``and'' at the end; (4) in paragraph (5), by striking the period at the end and inserting a semicolon; and (5) by adding after paragraph (5) the following: ``(6) the number of sex offenders registered in the National Sex Offender Registry; ``(7) the number of sex offenders registered in the National Sex Offender Registry who-- ``(A) are adults; ``(B) are juveniles; ``(C) are adults, but who are required to register as a result of conduct committed as a juvenile; and ``(D) were convicted of statutory rape as a result of conduct committed as a juvenile; and ``(8) to the extent such information is obtainable, of the number of sex offenders registered in the National Sex Offender Registry who are juveniles-- ``(A) the percentage of such offenders who were adjudicated delinquent; and ``(B) the percentage of such offenders who were prosecuted as adults.''. SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. (a) Probation Officers.--Section 3603 of title 18, United States Code, is amended in paragraph (8)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. (b) Pretrial Services Officers.--Section 3154 of title 18, United States Code, is amended in paragraph (12)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING. Section 2255(b) of title 18, United States Code, is amended-- (1) by striking ``three years'' and inserting ``10 years''; and (2) by inserting ``ends'' before the period at the end. SEC. 10. TRIBAL ACCESS PROGRAM. The Attorney General is authorized to provide technical assistance, including equipment, to tribal governments for the purpose of enabling such governments to access, enter information into, and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 28, United States Code. SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION. Section 116 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16916) is amended-- (1) by striking ``A sex offender shall'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), a sex offender shall''; and (2) by adding at the end the following: ``(b) Alternative Verification Method.--A jurisdiction may allow a sex offender to comply with the requirements under subsection (a) by video conference, or another similar method, except that each offender shall appear in person not less than one time per year. The Attorney General shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety.''.

Adam Walsh Reauthorization Act of 2016 This bill amends the Sex Offender Registration and Notification Act to: reauthorize through FY2021 the Sex Offender Management Assistance program, reauthorize through FY2021 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements, reduce from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record, allow a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders, specify how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state's JAG funds are reduced for failure to comply with sex offender registration and notification standards, and establish an alternative method for complying with the in-person verification requirement. It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice to include additional data in its annual report on the enforcement of sex offender registration requirements. The bill amends the federal criminal code to: modify the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment; and extend the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such individual reaches age 18.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commemorative Events Advisory Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the preparation and consideration of the multitude of bills proposing particular days, weeks, months, or years for recognition through Presidential proclamation unduly burdens the Congress and consumes an inordinate amount of time; (2) such proposals could be more efficiently considered by a commission whose sole function would be to review proposals for national commemorative events and to make positive or negative recommendations thereon to the President; (3) such a commission would streamline the process by which such proposals are currently considered and save the Congress considerable time and resources which could be devoted to matters of more pressing national concern; and (4) such a commission would better ensure the impartial review of proposals for national commemorative events generated by a wide variety of constituent groups. SEC. 3. ESTABLISHMENT AND MEMBERSHIP. (a) In General.--There shall be established a commission to be known as the ``President's Advisory Commission on National Commemorative Events'' (hereinafter in this Act referred to as the ``Commission''). (b) Members.--The Commission shall be composed of 11 members, as follows: (1) 2 members shall be appointed by the Speaker of the House of Representatives. (2) 2 members shall be appointed by the President pro tempore of the Senate. (3) 7 members shall be appointed by the President. Members under this paragraph shall represent, insofar as possible, a wide range of educational, geographical, and professional backgrounds. A Member of Congress may not be appointed under this paragraph. All members must be citizens of the United States. (c) Terms.--(1) Each member shall be appointed for a term of 2 years, except as provided in paragraph (2). (2) Of the members first appointed under subsection (b)(3)-- (A) 3 shall be appointed for 1 year, and (B) 4 shall be appointed for 2 years, as designated by the President. (3) If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (d) Vacancies.--A vacancy shall be filled in the manner in which the original appointment was made. A vacancy in the Commission shall not affect its powers. Any member 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 such term. (e) Chairman.--The Chairman of the Commission shall be designated by the President from among the members under subsection (b)(3). The term of office of the Chairman shall be 2 years. (f) Quorum.--6 members of the Commission shall constitute a quorum. Action by a quorum shall be necessary for the Commission to issue a recommendation under section 6(d). (g) Meetings.--The Commission shall meet on at least a quarterly basis. Meetings shall be held in the District of Columbia. (h) Pay.--(1) Except as provided in paragraph (2), each member of the Commission shall be paid the daily equivalent of the maximum rate of basic pay payable for grade GS-15 of the General Schedule for each day, including traveltime, during which such member is performing duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay by reason of their service on the Commission. (i) 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 a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5 of the United States Code. SEC. 4. DIRECTOR; STAFF. (a) Authority.--The Commission may appoint and fix the pay of a Director and such staff as the Commission considers appropriate. (b) Inapplicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for grade GS-15 of the General Schedule. (c) Staff of Federal Agencies.--Upon request of the Chairman, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings, take such testimony, and receive such evidence, as it considers appropriate. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property, but not from a source having a direct interest in any matter before the Commission. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. DUTIES OF THE COMMISSION. (a) Criteria.--The Commission shall establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved. (b) Submission of Proposals.--The Commission shall establish and publish in the Federal Register procedures for submitting proposals for national commemorative events to the Commission. (c) Review of Proposals.--The Commission shall review all proposals submitted to it in accordance with subsection (b). (d) Recommendation to the President.--The Commission shall issue a recommendation to the President for approval or disapproval of each proposal submitted to it in accordance with subsection (b). Each recommendation shall be accompanied by a brief explanation of the reasons why such recommendation was made. SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS. (a) Effective Date.--This Act shall take effect at the beginning of the One Hundred Third Congress. (b) Commencement; Termination.--(1) Members of the Commission shall be appointed, and the Commission shall first meet, within 90 days after the effective date of this Act. (2) The Commission shall terminate 5 years after the date on which it first meets.

National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pennsylvania National Forest Improvement Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Disposal of administrative sites, Allegheny National Forest, Pennsylvania. Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren County, Pennsylvania. Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk County, Pennsylvania. Sec. 5. Conveyance of Marienville Ranger Residence, Forest County, Pennsylvania. Sec. 6. Disposition of funds. Sec. 7. Administration of land acquired by United States. Sec. 8. Relation to other conveyances authorities. SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST, PENNSYLVANIA. (a) Disposal Authority.--The Secretary of Agriculture may convey, by sale or exchange, any and all right, title, and interest of the United States in and to the following National Forest System lands and administrative sites in the Allegheny National Forest, in Pennsylvania: (1) US Tract 121, Sheffield ranger residence, consisting of 0.41 acres, as depicted on the map titled ``Allegheny Unit, Allen M. Gibson Tract 121, March 1942''. (2) US Tract 896, an undeveloped administrative site, consisting of 2.42 acres, as depicted on the map titled ``Allegheny Unit, Howard L. Harp Tract 896, 1947''. (3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original Marienville Ranger District Headquarters, consisting of 4.90 acres, as depicted on the map titled ``Marienville Ranger Station Compound Tract 1047, August 1998''. (4) US Tract 844, Marienville ranger residence, as depicted on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 1936'', except that portion of the tract identified as Lot 2, on the Survey Plat prepared by D. M. Heller and dated December 12, 1999, which is subject to conveyance under section 5. (b) Property Descriptions.--The maps referred to in subsection (a) are the primary descriptions of the lands to which the maps refer. In the event of a conflict between a map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Consideration.-- (1) Authorized consideration.--As consideration for a conveyance of land under subsection (a), the recipient of the land, with the consent of the Secretary, may convey to the Secretary other land, existing improvements, or improvements constructed to the specifications of the Secretary. (2) Cash equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land and administrative site exchanged under subsection (a). (d) Applicable Law.--Except as otherwise provided in this section, any conveyance of land under subsection (a) shall be subject to the laws and regulations applicable to the conveyance and acquisition of land for the National Forest System. (e) Solicitation of Offers.-- (1) Conveyance priority.--In the selection of the recipient of land under this section, the Secretary may give a preference to public entities that agree to use the land for public purposes. (2) Terms and conditions.--The Secretary may solicit offers for the conveyance of land under this section on such terms and conditions as the Secretary may prescribe. (3) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. (g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with any conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey to the Warren County Development Association of Warren County, Pennsylvania, all right, title, and interest of the United States in and to US Tract 770, Sheffield Ranger District Headquarters, consisting of 5.50 acres, as depicted on the map titled ``Allegheny Unit, Elk Tanning Company Tract 770, 1934''. (b) Consideration.--As consideration for the conveyance under subsection (a), the Warren County Development Association shall make to the Secretary a lump sum payment of $100,000. (c) Property Description.--The map referred to in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (d) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS, ELK COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey to Ridgeway Township, Pennsylvania, all right, title, and interest of the United States in and to US Tract 904, consisting of 8.812 acres, and US Tract 905, consisting of 0.869 acres, Ridgeway Ranger District Headquarters, as depicted on the maps titled ``Allegheny Unit, Harry R. Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. Laura A. Guth Tract 905, July 1948''. (b) Consideration.--As consideration for the conveyance under subsection (a), Ridgeway Township shall pay to the Secretary an amount equal to the fair market value of the conveyed lands, as determined by an appraisal acceptable to the Secretary and Ridgeway Township. (c) Property Description.--The maps referred to in subsection (a) is the primary description of the lands to which the maps refer. In the event of a conflict between a map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (d) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey, without consideration, to the Marienville Volunteer Fire Department of Forest County, Pennsylvania, all right, title, and interest of the United States in and to that portion of US Tract 844, Marienville ranger residence, as depicted on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 1936'', which is identified as Lot 2 on the Survey Plat prepared by D. M. Heller and dated December 12, 1999. (b) Property Description.--The map referred to in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 6. DISPOSITION OF FUNDS. (a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall deposit in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act)-- (1) the proceeds of a sale or exchange under section 2; and (2) the consideration received pursuant to sections 3(b) and 4(b). (b) Use of Proceeds.--Subject to subsection (c), funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities and sites for the Allegheny National Forest; or (2) the acquisition of land and interests in land in the Allegheny National Forest. (c) Condition on Land Acquisition.--The acquisition of lands in the Allegheny National Forest using funds deposited under subsection (a) is subject to the condition that the market value of the acquired lands may not exceed 125 percent of the market value of the lands disposed of under this Act. SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES. Lands acquired by the Secretary of Agriculture under section 6(b) or by exchange under section 2 shall be managed by the Secretary in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining to National Forest System lands. For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Allegheny National Forest, as adjusted on account of the disposal and acquisition of lands under this Act, shall be considered to be the boundaries of that national forest as of January 1, 1965. SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES. Except as expressly provided in this Act, nothing in this Act affects any other authority of the Secretary of Agriculture to sell, exchange, or acquire land. Lands authorized for disposal under this Act shall not be subject to subchapters II and III of chapter 5 of title 40, United States Code. Passed the House of Representatives October 5, 2004. Attest: JEFF TRANDAHL, Clerk.

Pennsylvania National Forest Improvement Act of 2004 - (Sec. 2) Authorizes the Secretary of Agriculture to sell or exchange certain National Forest System lands and administrative sites in the Allegheny National Forest, Pennsylvania, and to accept a cash equalization payment in excess of 25 percent of the value of the land exchanged. (Sec. 3) Authorizes the Secretary to convey to the Warren County, Pennsylvania Development Association, U.S. Tract 770, Sheffield Ranger District Headquarters for a lump sum payment of $100,000. (Sec. 4) Authorizes the Secretary to convey to Ridgeway Township, Pennsylvania, U.S. Tract 904, Ridgeway Ranger District Headquarters, as depicted on specified Allegheny Unit maps. (Sec. 5) Authorizes the Secretary to convey, without consideration, to the Marienville Volunteer Fire Department of Forest County, Pennsylvania, U.S. Tract 844, Marienville Ranger Residence. (Sec. 6) Requires the Secretary to deposit in a Sisk Fund amounts received from the sale or exchange of land under this Act and to use such funds for administrative facilities and sites for the Allegheny National Forest or the acquisition of land in the Allegheny National Forest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Education Empowerment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 1,000,000 veterans attended institutions of higher education in 2012. (2) Veterans face unique hardships in transitioning from the battlefield to the classroom and eventually to the workforce. (3) The National Endowment for the Humanities' Warrior- Scholar Project found that ``veterans transitioning to college likely have not used academic skills since high school and have difficulty adjusting to a fundamentally different social and cultural environment, [leading] to veterans dropping out of college before earning their degree''. (4) The National Education Association found that veteran students can feel lonely and vulnerable on campus and that ``connecting student veterans can effectively ease this isolation'' by bringing together new veteran students with those who have already successfully navigated the first few semesters of college. (5) The unemployment rate for post--9/11 veterans far outpaces both the overall non-veteran unemployment rate and the unemployment rate for non-veterans entering the workforce for the first time. (6) According to Mission United--a United Way program that helps veterans re-acclimate to civilian life--it is often ``essential'' for veteran students to be mentored by ``another veteran who understands their mindset and experience''. (7) Veteran student centers are recognized as an institutional best practice by the Student Veterans of America. (8) The American Council on Education, which represents more than 1,700 institutions of higher education across the country, has called having a dedicated space for veterans on campus ``a promising way for colleges and universities to better serve veterans on campus'' and a ``critical'' component of many colleges' efforts to serve their veteran students. (9) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (10) The 110th Congress authorized the funding of veteran student centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t). (11) According to the Department of Education, federally funded veteran student centers and staff have generated improved recruitment, retention, and graduation rates, have helped veteran students feel better connected across campus, and have directly contributed to student veterans' successful academic outcomes. SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN STUDENT CENTERS. (a) Establishment.--From the amounts appropriated to carry out this Act, the Secretary of Education shall establish a program to award grants to institutions of higher education to assist in the establishment, maintenance, and improvement of veteran student centers. (b) Eligibility.-- (1) Application.--An institution of higher education seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria.--The Secretary may award a grant under subsection (a) to an institution of higher education if the Secretary determines that the institution of higher education meets the following criteria: (A) The institution has a population of not less than 15,000 students, of which not less than one percent are veterans or members of the Armed Forces. (B) The institution is located in a region or community that has a significant population of veterans. (C) The institution carries out programs or activities that assist veterans in the local community. (D) The institution presents a sustainability plan to demonstrate that its veteran student center will be maintained and will continue to operate after the term of the grant has ended. (c) Use of Funds.--An institution of higher education that is awarded a grant under subsection (a) shall use such grant to establish, maintain, or improve a veteran student center. (d) Amounts Awarded.-- (1) Duration.--Each grant awarded under subsection (a) shall be for a 4-year period. (2) Total amount of grant and schedule.--Each grant awarded under subsection (a) may not exceed a total of $500,000. Subject to subsection (e), the Secretary shall disburse to the institution of higher education the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. (e) Evaluation.--The Secretary shall annually evaluate each institution of higher education that is awarded a grant under subsection (a) to determine whether the institution uses the grant in accordance with this section. If the Secretary determines that the institution of higher education is not using the grant in accordance with this section, the Secretary may delay future disbursements of amounts described in subsection (d)(2) until the Secretary determines that the institution of higher education has corrected any deficiencies and will use such amounts in accordance with this section. (f) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the grant program established under subsection (a), including-- (1) the number of grants awarded; (2) the institutions of higher education that have received grants; (3) with respect to each such institution of higher education-- (A) the amounts awarded; and (B) how such institution used such amounts; and (4) a determination by the Secretary with respect to whether the grant program should be extended or expanded. (g) Termination.--The authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the grant program is established. (h) Definitions.--In this section: (1) 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). (2) Veteran student center.--The term ``veteran student center'' means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following: (A) A lounge or meeting space for such students and veterans in the community. (B) A centralized office for veteran services that-- (i) is staffed by trained employees and volunteers; and (ii) provides such students with assistance relating to-- (I) transitioning from the military to student life; (II) transitioning from the military to the civilian workforce; (III) networking with other such students; (IV) understanding and obtaining benefits provided by the Federal Government or a State for which such students may be eligible; and (V) understanding how to succeed in the institution of higher education, including by understanding how to transfer educational credits.

Veteran Education Empowerment Act - Directs the Secretary of Education to award four-year grants to institutions of higher education (IHEs) to establish, maintain, and improve a veteran student center. Requires grantees to be IHEs that: have a population of at least 15,000 students, of which at least 1% are veterans or members of the Armed Forces; are located in a region or community that has a significant veteran population; carry out programs or activities that assist veterans in the local community; and present a sustainability plan demonstrating that their veteran student center will be maintained and will continue to operate after the grant ends. Defines a "veteran student center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for such students and veterans in the community, and (2) a centralized office for veteran services that is staffed by trained employees and volunteers. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other students, understanding and obtaining the federal and state benefits for which they may be eligible, and understanding how to succeed in the IHE.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an international crisis to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue a proclamation of an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States, where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to-- (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 4. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law.

Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably. Authorizes the President to issue such a proclamation citing the geographic area, gasoline or other petroleum distillate, and time period (not to exceed 30 consecutive days) covered. Permits such a proclamation to be renewed as the President determines appropriate and to include a period of up to one week preceding a reasonably foreseeable emergency. Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations, but limits the criminal penalty to criminal actions brought by the Department of Justice (DOJ). Authorizes a state to bring a civil action to enforce this Act. Declares that nothing in this Act preempts any state law.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Advisory Committee Act Amendments of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring independent advice and expertise. Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure. Sec. 4. Increasing transparency of advisory committees. Sec. 5. Comptroller General review and reports. Sec. 6. Definitions. Sec. 7. Effective date. SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE. (a) Bar on Political Litmus Tests.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) in the section heading by inserting ``membership;'' after ``advisory committees;''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following: ``(b) Appointments Made Without Regard to Political Affiliation or Activity.--All appointments to advisory committees shall be made without regard to political affiliation or political activity, unless required by Federal statute.''. (b) Conflicts of Interest Disclosure.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by inserting after subsection (b) (as added by subsection (a)) the following: ``(c) Conflicts of Interest Disclosure.-- ``(1)(A) The head of each agency shall ensure that no individual appointed to serve on an advisory committee that reports to the agency has a conflict of interest that is relevant to the functions to be performed by the advisory committee, unless the head of the agency determines that the need for the individual's services outweighs the potential impacts of the conflict of interest. ``(B) If the head of the agency makes such a determination with respect to an individual, nothing in this subsection is intended to preclude the head of the agency from requiring the recusal of the individual from particular aspects of the committee's work. ``(C) In the case of an individual appointed as a representative, the fact that an individual is associated with the entity whose views are being represented by the individual shall not itself be considered a conflict of interest by the agency. ``(2) The head of each agency shall require-- ``(A) that each individual the agency appoints or intends to appoint to serve on an advisory committee as a representative inform the agency official responsible for appointing the individual in writing of any actual or potential conflict of interest-- ``(i) that exists before appointment or that arises while the individual is serving on the Committee; and ``(ii) that is relevant to the functions to be performed; and ``(B) that, for an individual appointed to serve on an advisory committee, the conflict is publicly disclosed as described in section 11. ``(3) Nothing in this subsection is intended to alter any requirement or obligation for a special Government employee under the Ethics in Government Act (5 U.S.C. App.) or other applicable ethics law, including any requirement to file a financial disclosure report. The head of each agency shall require that each individual the agency appoints as a special Government employee inform the agency in writing of any conflict that exists before appointment or that arises while the individual is serving on the committee to the extent any financial disclosure required by the Ethics in Government Act (5 U.S.C. app.) or other applicable law would not uncover the conflict of interest as such term is defined in regulations promulgated by the Office of Government Ethics to carry out this subsection. ``(4) The head of each agency shall ensure that each report of an advisory committee that reports to the agency is the result of the advisory committee's judgment, independent from the agency. Each advisory committee shall include in each report of the committee a statement describing the process used by the advisory committee in formulating the recommendations or conclusions contained in the report.''. (c) Regulations.-- (1) Regulations relating to conflicts of interest.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate-- (A) regulations defining the term ``conflict of interest''; (B) regulations identifying the method by which individuals must disclose conflicts and the period of time for which a representative or special Government employee, or a candidate for appointment as a representative or special Government employee, shall look back in time to determine whether an interest is considered a conflict for the purpose of the notification requirement in subsection (c) of section 9 of the Federal Advisory Committee Act, as added by this section; and (C) such other regulations as the Director finds necessary to carry out and ensure the enforcement of such subsection (c). (2) Regulations implementing faca.--Section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting after ``(c)'' the following: ``The Administrator shall promulgate regulations as necessary to implement this Act.''. SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE ACT AND PUBLIC DISCLOSURE. (a) De Facto Members.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following: ``(d) Treatment of Individual as Member.--An individual who is not a full-time or permanent part-time officer or employee of the Federal Government shall be regarded as a member of a committee if the individual regularly attends and participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the advice or recommendations of the advisory committee.''. (b) Interagency Advisory Committees.--Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following: ``(f) Interagency Advisory Committees.--(1) Any communication between-- ``(A) an interagency advisory committee established by the President or the Vice President or any member or staff acting on behalf of such an interagency advisory committee, and ``(B) any person who is not an officer or employee of the Federal Government, shall be made available for public inspection and copying. Any portion of a communication that involves a matter described in section 552(b) of title 5, United States Code, or that is subject to a valid constitutionally based privilege against such disclosure, may be withheld from public disclosure. ``(2) In this subsection, the term `interagency advisory committee' means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, established in the interest of obtaining advice or recommendations for the President or the Vice President, that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government and includes officers or employees of at least two separate Federal agencies but does not include an advisory committee as defined in section 3(2) of this Act. ``(3) This subsection is not intended to apply to cabinet meetings, the National Security Council, the Council of Economic Advisors, or any other permanent advisory body established by statute.''. (c) Subcommittees.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the following: ``(a) Application.--The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee, including any subcommittee or subgroup thereof, except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. Any subcommittee or subgroup that reports to a parent committee established under section 9(a) is not required to comply with section 9(e). In this subsection, the term `subgroup' includes any working group, task force, or other entity formed for the purpose of assisting the committee or any subcommittee of the committee in its work.''. (d) Committees Created Under Contract.--Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph (C) by adding at the end the following: ``An advisory committee is considered to be established by an agency, agencies, or the President, if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of, an agency, agencies, or the President.''. (e) Advisory Committees Containing Special Government Employees.-- Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by adding at the end the following new subsection: ``(e) Special Government Employees.--Committee members appointed as special government employees shall not be considered full-time or part- time officers or employees of the Federal Government for purposes of determining the applicability of this Act under section 3(2).''. SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES. (a) Information Requirement.--Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 11. DISCLOSURE OF INFORMATION.''; (2) by redesignating subsection (a) as subsection (d) and in that subsection-- (A) by inserting the following subsection heading: ``Availability of Paper Copies of Transcripts.--''; and (B) by inserting after ``duplication,'' the following: ``paper''; (3) by striking ``(b)'' and inserting ``(e) Agency Proceeding Defined.--''; and (4) by inserting before subsection (d), as redesignated by paragraph (2), the following new subsections: ``(a) In General.--With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection (b) the following information: ``(1) The charter of the advisory committee. ``(2) A description of the process used to establish and appoint the members of the advisory committee, including the following: ``(A) The process for identifying prospective members. ``(B) The process of selecting members for balance of viewpoints or expertise. ``(C) A justification of the need for representative members, if any. ``(3) A list of all current members, including, for each member, the following: ``(A) The name of any person or entity that nominated the member. ``(B) The reason the member was appointed to the committee. ``(C) Whether the member is designated as a special government employee or a representative. ``(D) In the case of a representative, the individuals or entity whose viewpoint the member represents. ``(E) Any conflict of interest relevant to the functions to be performed by the committee. ``(4) A list of all members designated as special government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a summary description of the conflict necessitating the certification, and the reason for granting the certification. ``(5) A summary of the process used by the advisory committee for making decisions. ``(6) Transcripts or audio or video recordings of all meetings of the committee. ``(7) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. ``(8) Notices of future meetings of the committee. ``(9) Any additional information considered relevant by the head of the agency to which the advisory committee reports. ``(b) Manner of Disclosure.-- ``(1) Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under this section available electronically on the official public internet site of the agency at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, he shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. ``(2) The head of an agency shall make available electronically, on the official public internet site of the agency, a transcript or audio or video recording of each advisory committee meeting not later than 30 calendar days after the meeting. ``(c) Provision of Information by Administrator of General Services.--The Administrator of General Services shall provide, on the official public internet site of the General Services Administration, electronic access to the information made available by each agency under this section.''. (b) Charter Filing.--Section 9(e) of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2, is amended-- (1) by striking ``with (1) the Administrator,'' and all that follows through ``, or'' and inserting ``(1) with the Administrator and''; (2) by striking ``and'' at the end of subparagraph (I); (3) by striking the period and inserting a semicolon at the end of subparagraph (J); and (4) by adding at the end the following new subparagraphs: ``(K) the authority under which the committee is established; ``(L) the estimated number of members and a description of the expertise needed to carry out the objectives of the committee; ``(M) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and ``(N) whether the committee has the authority to create subcommittees and if so, the agency official authorized to exercise such authority.''. SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS. (a) Review.--The Comptroller General of the United States shall review compliance by agencies with the Federal Advisory Committee Act, as amended by this Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. (b) Report.--The Comptroller General shall submit to the committees described in subsection (c) two reports on the results of the review, as follows: (1) The first report shall be submitted not later than one year after the date of promulgation of regulations under section 2. (2) The second report shall be submitted not later than five years after such date of promulgation of regulations. (c) Committees.--The committees described in this subsection are the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 6. DEFINITIONS. Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new paragraphs: ``(5) The term `representative' means an individual who is not a full-time or part-time employee of the Federal Government and who is appointed to an advisory committee to represent the views of an entity or entities outside the Federal Government. ``(6) The term `special Government employee' has the same meaning as in section 202(a) of title 18, United States Code.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect 30 days after the date of the enactment of this Act, except as otherwise provided in section 2(c)(1). Passed the House of Representatives June 24, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Advisory Committee Act Amendments of 2008 - (Sec. 2) Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs each agency head to: (1) ensure that no individual who has a conflict of interest is appointed unless the need for the individual's services outweighs the potential impacts of the conflict; (2) require that each individual to be appointed inform the agency of any actual or potential conflict that exists before the appointment or that arises while the individual is serving; and (3) ensure that advisory committee reports are the result of the committee's judgment, independent from the agency. Declares that: (1) this Act is not intended to preclude agency heads from requiring the recusal of individuals with conflicts from particular aspects of the committee's work; and (2) an individual representative's association with the entity whose views are being represented shall not itself be considered to be a conflict of interest. Requires: (1) the public disclosure of any conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining "conflict of interest" and identifying the method for disclosure and the period back in time an interest is considered a conflict; and (3) the Administrator of General Services to promulgate regulations to implement the Federal Advisory Committee Act. (Sec. 3) Regards an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of a committee if the individual regularly attends and participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the committee's advice or recommendations. (Sec. 4) Requires public disclosure of: (1) any communication between an interagency advisory committee established by the President or the Vice President and a person who is not a federal officer or employee; (2) charters of advisory committees; (3) the process used to establish and appoint committee members; (4) specified information about current members; (5) each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future committee meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 30 days after for meeting transcripts or recordings). Authorizes an agency to withhold from disclosure any information that would be exempt from disclosure under the Freedom of Information Act. Requires the Administrator of General Services to provide electronic access to such information on the General Services Administration's (GSA's) Internet site. Requires committee charters to include: (1) the authority under which the committee is established; (2) the estimated number of members and a description of the expertise needed to carry out the committee's objectives; (3) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and (4) whether the committee has the authority to create subcommittees and, if so, the agency official authorized to exercise such authority. (Sec. 5) Requires the Comptroller General to review and report on agency compliance with the Federal Advisory Committee Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives.

SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Opportunity Act of 2004'' or the ``Dylan Lee James Act''. (b) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this Act an amendment 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 that section or other provision of the Social Security Act. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendments to Social Security Act; table of contents. Sec. 2. Opportunity for families of disabled children to purchase medicaid coverage for such children. Sec. 3. Treatment of inpatient psychiatric hospital services for individuals under age 21 in home or community-based services waivers. Sec. 4. Development and support of family-to-family health information centers. Sec. 5. Restoration of medicaid eligibility for certain SSI beneficiaries. SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN. (a) State Option To Allow Families of Disabled Children To Purchase Medicaid Coverage for Such Children.-- (1) In general.--Section 1902 (42 U.S.C. 1396a) is amended-- (A) in subsection (a)(10)(A)(ii)-- (i) by striking ``or'' at the end of subclause (XVII); (ii) by adding ``or'' at the end of subclause (XVIII); and (iii) by adding at the end the following new subclause: ``(XIX) who are disabled children described in subsection (cc)(1);''; and (B) by adding at the end the following new subsection: ``(cc)(1) Individuals described in this paragraph are individuals-- ``(A) who have not attained 18 years of age; ``(B) who would be considered disabled under section 1614(a)(3)(C) but for having earnings or deemed income or resources (as determined under title XVI for children) that exceed the requirements for receipt of supplemental security income benefits; and ``(C) whose family income does not exceed such income level as the State establishes and does not exceed-- ``(i) 250 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; or ``(ii) such higher percent of such poverty line as a State may establish, except that-- ``(I) any medical assistance provided to an individual whose family income exceeds 250 percent of such poverty line may only be provided with State funds; and ``(II) no Federal financial participation shall be provided under section 1903(a) for any medical assistance provided to such an individual.''. (2) Interaction with employer-sponsored family coverage.-- Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph (1)(B), is amended by adding at the end the following new paragraph: ``(2)(A) If an employer of a parent of an individual described in paragraph (1) offers family coverage under a group health plan (as defined in section 2791(a) of the Public Health Service Act), the State shall-- ``(i) require such parent to apply for, enroll in, and pay premiums for, such coverage as a condition of such parent's child being or remaining eligible for medical assistance under subsection (a)(10)(A)(ii)(XIX) if the parent is determined eligible for such coverage and the employer contributes at least 50 percent of the total cost of annual premiums for such coverage; and ``(ii) if such coverage is obtained-- ``(I) subject to paragraph (2) of section 1916(h), reduce the premium imposed by the State under that section in an amount that reasonably reflects the premium contribution made by the parent for private coverage on behalf of a child with a disability; and ``(II) treat such coverage as a third party liability under subsection (a)(25). ``(B) In the case of a parent to which subparagraph (A) applies, a State, subject to paragraph (1)(C)(ii), may provide for payment of any portion of the annual premium for such family coverage that the parent is required to pay. Any payments made by the State under this subparagraph shall be considered, for purposes of section 1903(a), to be payments for medical assistance.''. (b) State Option To Impose Income-Related Premiums.--Section 1916 (42 U.S.C. 1396o) is amended-- (1) in subsection (a), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h)(1) With respect to disabled children provided medical assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), a State may (in a uniform manner for such children) require the families of such children to pay monthly premiums set on a sliding scale based on family income. ``(2) A premium requirement imposed under paragraph (1) may only apply to the extent that-- ``(A) in the case of a disabled child described in that paragraph whose family income does not exceed 250 percent of the poverty line, the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under section 1902(cc)(2)(A)(i) does not exceed 7.5 percent of the family's income; and ``(B) the requirement is imposed consistent with section 1902(cc)(2)(A)(ii)(I). ``(3) A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of a child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days from the date on which the premium became past due. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.''. (c) Conforming Amendment.--Section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in the matter preceding subparagraph (A), by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (d) Rule of Construction.--Notwithstanding any other provision of law, nothing in the amendments made by this section shall be construed as permitting the application of the enhanced FMAP (as defined in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) to expenditures that are attributable to disabled children provided medical assistance under section 1902(a)(10)(A)(ii)(XIX) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIX)) (as added by subsection (a) of this section). (e) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after October 1, 2006. SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED SERVICES WAIVERS. (a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded''; and (B) in the second sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21'' before the period; (2) in paragraph (2)(B), by striking ``or services in an intermediate care facility for the mentally retarded'' each place it appears and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; (3) in paragraph (2)(C)-- (A) by inserting ``, or who are determined to be likely to require inpatient psychiatric hospital services for individuals under age 21,'' after ``, or intermediate care facility for the mentally retarded''; and (B) by striking ``or services in an intermediate care facility for the mentally retarded'' and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; and (4) in paragraph (7)(A)-- (A) by inserting ``or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded,''; and (B) by inserting ``or who would require inpatient psychiatric hospital services for individuals under age 21'' before the period. (b) Effective Date.--The amendments made by subsection (a) apply with respect to medical assistance provided on or after October 1, 2006. SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501 (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c)(1)(A) For the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance for the development and support of family-to-family health information centers described in paragraph (2)-- ``(i) there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated-- ``(I) $3,000,000 for fiscal year 2006; ``(II) $4,000,000 for fiscal year 2007; and ``(III) $5,000,000 for fiscal year 2008; and ``(ii) there is authorized to be appropriated to the Secretary, $5,000,000 for each of fiscal years 2009 and 2010. ``(B) Funds appropriated or authorized to be appropriated under subparagraph (A) shall-- ``(i) be in addition to amounts appropriated under subsection (a) and retained under section 502(a)(1) for the purpose of carrying out activities described in subsection (a)(2); and ``(ii) remain available until expended. ``(2) The family-to-family health information centers described in this paragraph are centers that-- ``(A) assist families of children with disabilities or special health care needs to make informed choices about health care in order to promote good treatment decisions, cost- effectiveness, and improved health outcomes for such children; ``(B) provide information regarding the health care needs of, and resources available for, children with disabilities or special health care needs; ``(C) identify successful health delivery models for such children; ``(D) develop with representatives of health care providers, managed care organizations, health care purchasers, and appropriate State agencies a model for collaboration between families of such children and health professionals; ``(E) provide training and guidance regarding caring for such children; ``(F) conduct outreach activities to the families of such children, health professionals, schools, and other appropriate entities and individuals; and ``(G) are staffed by families of children with disabilities or special health care needs who have expertise in Federal and State public and private health care systems and health professionals. ``(3) The Secretary shall develop family-to-family health information centers described in paragraph (2) in accordance with the following: ``(A) With respect to fiscal year 2006, such centers shall be developed in not less than 25 States. ``(B) With respect to fiscal year 2007, such centers shall be developed in not less than 40 States. ``(C) With respect to fiscal year 2008, such centers shall be developed in all States. ``(4) The provisions of this title that are applicable to the funds made available to the Secretary under section 502(a)(1) apply in the same manner to funds made available to the Secretary under paragraph (1)(A). ``(5) For purposes of this subsection, the term `State' means each of the 50 States and the District of Columbia.''. SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI BENEFICIARIES. (a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C. 1396a(a)(10)(A)(i)(II)) is amended-- (1) by inserting ``(aa)'' after ``(II)''; (2) by striking ``) and'' and inserting ``and''; (3) by striking ``section or who are'' and inserting ``section), (bb) who are''; and (4) by inserting before the comma at the end the following: ``, or (cc) who are under 21 years of age and with respect to whom supplemental security income benefits would be paid under title XVI if subparagraphs (A) and (B) of section 1611(c)(7) were applied without regard to the phrase `the first day of the month following'''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after January 1, 2006. Passed the Senate May 6, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Family Opportunity Act of 2004 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) add to the list of persons eligible for Medicaid home and community-based service waiver programs individuals under 21 years of age requiring inpatient psychiatric hospital services. Amends SSA title V (Maternal and Child Health Services) to: (1) make appropriations to the Secretary of Health and Human Services for FY 2005 through 2007; and (2) authorize appropriations to the Secretary for FY 2008 and 2009 for special projects of regional and national significance for development and support of family-to-family health information centers. Amends SSA title XIX to confer Medicaid eligibility to persons who are under age 21 and who are eligible for SSI, effective on the later of: (1) the date the application was filed; or (2) the date the individual became eligible for SSI.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Navigator Outreach and Chronic Disease Prevention Act of 2004''. SEC. 2. PATIENT NAVIGATOR GRANTS. Subpart V of part D of title III of the Public Health Service Act (42 U.S.C. 256) is amended by adding at the end the following: ``SEC. 340A. PATIENT NAVIGATOR GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. The Secretary shall coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, the Office of Rural Health Policy, and such other offices and agencies as deemed appropriate by the Secretary, regarding the design and evaluation of the demonstration programs. ``(b) Use of Funds.--A condition on the receipt of a grant under this section is that the grantee agree to use the grant to recruit, assign, train, and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals, including by performing each of the following duties: ``(1) Acting as contacts, including by assisting in the coordination of health care services and provider referrals, for individuals who are seeking prevention or early detection services for, or who following a screening or early detection service are found to have a symptom, abnormal finding, or diagnosis of, cancer or other chronic disease. ``(2) Facilitating the involvement of community organizations providing assistance to individuals who are at risk for or who have cancer or other chronic diseases to receive better access to high-quality health care services (such as by creating partnerships with patient advocacy groups, charities, health care centers, community hospice centers, other health care providers, or other organizations in the targeted community). ``(3) Notifying individuals of clinical trials and facilitating enrollment in these trials if requested and eligible. ``(4) Anticipating, identifying, and helping patients to overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or other chronic disease. ``(5) Coordinating with the relevant health insurance ombudsman programs to provide information to individuals who are at risk for or who have cancer or other chronic diseases about health coverage, including private insurance, health care savings accounts, and other publicly funded programs (such as Medicare, Medicaid, and the State children's health insurance program). ``(6) Conducting ongoing outreach to health disparity populations, including the uninsured, rural populations, and other medically underserved populations, in addition to assisting other individuals who are at risk for or who have cancer or other chronic diseases to seek preventative care. ``(c) Grant Period.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Secretary may award grants under this section for periods of not more than 3 years. ``(2) Extensions.--Subject to paragraph (3), the Secretary may extend the period of a grant under this section, except that-- ``(A) each such extension shall be for a period of not more than 1 year; and ``(B) the Secretary may make not more than 4 such extensions with respect to any grant. ``(3) End of grant period.--In carrying out this section, the Secretary may not authorize any grant period ending after September 30, 2010. ``(d) Application.-- ``(1) In general.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, the Secretary shall require each such application to outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes. ``(e) Uniform Baseline Measures.--The Secretary shall establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects under this section. ``(f) Preference.--In making grants under this section, the Secretary shall give preference to eligible entities that demonstrate in their applications plans to utilize patient navigator services to overcome significant barriers in order to improve health care outcomes in their respective communities. ``(g) Coordination With Other Programs.--The Secretary shall ensure coordination of the demonstration grant program under this section with existing authorized programs in order to facilitate access to high- quality health care services. ``(h) Study; Reports.-- ``(1) Final report by secretary.--Not later than 6 months after the completion of the demonstration grant program under this section, the Secretary shall conduct a study of the results of the program and submit to the Congress a report on such results that includes the following: ``(A) An evaluation of the program outcomes, including-- ``(i) quantitative analysis of baseline and benchmark measures; and ``(ii) aggregate information about the patients served and program activities. ``(B) Recommendations on whether patient navigator programs could be used to improve patient outcomes in other public health areas. ``(2) Interim reports by secretary.--The Secretary may provide interim reports to the Congress on the demonstration grant program under this section at such intervals as the Secretary determines to be appropriate. ``(3) Interim reports by grantees.--The Secretary may require grant recipients under this section to submit interim reports on grant program outcomes. ``(i) Rule of Construction.--This section shall not be construed to authorize funding for the delivery of health care services (other than the patient navigator duties listed in subsection (b)). ``(j) Definitions.--In this section: ``(1) The term `eligible entity' means a public or nonprofit private health center (including a Federally qualified health center (as that term is defined in section 1861(aa)(4) of the Social Security Act)), a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, an academic health center, or a nonprofit entity that enters into a partnership or coordinates referrals with such a center, clinic, facility, or hospital to provide patient navigator services. ``(2) The term `health disparity population' means a population that, as determined by the Secretary, has a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population. ``(3) The term `patient navigator' means an individual who has completed a training program approved by the Secretary to perform the duties listed in subsection (b). ``(k) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008, $6,500,000 for fiscal year 2009, and $3,500,000 for fiscal year 2010. ``(2) Availability.--The amounts appropriated pursuant to paragraph (1) shall remain available for obligation through the end of fiscal year 2010.''. Passed the House of Representatives October 5, 2004. Attest: JEFF TRANDAHL, Clerk.

Patient Navigator Outreach and Chronic Disease Prevention Act of 2004 - Authorizes the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy. Requires that each grantee agree to recruit, assign, train and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals. Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services. Sets forth reporting requirements. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Energy Act''. SEC. 2. APPRAISALS. (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: ``SEC. 2607. APPRAISAL REFORMS. ``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by-- ``(1) the Secretary; ``(2) the affected Indian tribe; or ``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. ``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal; and ``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. ``(d) Option to Indian Tribes To Waive Appraisal.-- ``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of paragraphs (2) and (3). ``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. ``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. ``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value. ``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''. (b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: ``Sec. 2607. Appraisal reforms.''. SEC. 3. STANDARDIZATION. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. SEC. 4. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Review of Major Federal Actions on Indian Lands.-- ``(1) Review and comment.-- ``(A) In general.--Except as provided in subparagraph (B), the statement required under subsection (a)(2)(C) for a major Federal action regarding an activity on Indian lands of an Indian tribe shall only be available for review and comment by-- ``(i) Indian tribes in the affected area and individual members of those tribes wherever they reside; ``(ii) Other individuals who reside in the affected area; and ``(iii) State and local governments within the affected area. ``(B) Exception.--Subparagraph (A) shall not apply to a statement for a major Federal action regarding an activity on Indian lands of an Indian tribe related to gaming under the Indian Gaming Regulatory Act. ``(2) Regulations.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. ``(3) Definitions.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(4) Clarification of authority.--Nothing in the Native American Energy Act, except section 6 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''. SEC. 5. JUDICIAL REVIEW. (a) Time for Filing Complaint.--Any energy related action must be filed not later than the end of the 60-day period beginning on the date of the final agency action. Any energy related action not filed within this time period shall be barred. (b) District Court Venue and Deadline.--All energy related actions-- (1) shall be brought in the United States District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed. (c) Appellate Review.--An interlocutory order or final judgment, decree or order of the district court in an energy related action may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit Court of Appeals shall resolve such appeal as expeditiously as possible, and in any event not more than 180 days after such interlocutory order or final judgment, decree or order of the district court was issued. (d) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action. (e) Legal Fees.--In any energy related action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that party in connection with the energy related action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust. Whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the energy related action for which fees and other expenses are sought. (f) Definitions.--For the purposes of this section, the following definitions apply: (1) Agency action.--The term ``agency action'' has the same meaning given such term in section 551 of title 5, United States Code. (2) Indian land.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601). (3) Energy related action.--The term ``energy related action'' means a cause of action that-- (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail.--The phrase ``ultimately prevail'' means, in a final enforceable judgment, the court rules in the party's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT. The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following: ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. ``(a) In General.--For each of fiscal years 2016 through 2020, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. ``(b) Definitions.--The definitions in section 2 shall apply to this section. ``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). ``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application-- ``(1) containing such information as the Secretary may require; and ``(2) that includes a description of-- ``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and ``(B) the demonstration project proposed to be carried out by the Indian tribe. ``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary-- ``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108- 278; and whether a proposed demonstration project would-- ``(A) increase the availability or reliability of local or regional energy; ``(B) enhance the economic development of the Indian tribe; ``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or ``(E) otherwise promote the use of woody biomass; and ``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ``(f) Implementation.--The Secretary shall-- ``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and ``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. ``(g) Report.--Not later than one year subsequent to the date of enactment of this section, the Secretary shall submit to Congress a report that describes, with respect to the reporting period-- ``(1) each individual tribal application received under this section; and ``(2) each contract and agreement entered into pursuant to this section. ``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. ``(i) Term.--A stewardship contract or other agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years; and ``(2) may be renewed in accordance with this section for not more than an additional 10 years. ``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. ``The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian tribes or tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).''. SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS. Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.) shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. SEC. 8. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION. Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended-- (1) by striking ``, except a lease for'' and inserting ``, including leases for''; (2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;''; (3) in subparagraph (B), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''. SEC. 9. NONAPPLICABILITY OF CERTAIN RULES. No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.

Native American Energy Act (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.) Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. (Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state and local governments within such area. (Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land. (Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. (Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice. (Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases. (Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True American Heroes Act of 2002''. TITLE I--MEDALS FOR RESPONDERS AND RESISTERS SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead), the Speaker of the House 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 for each such officer, emergency worker, employee, or other individual to the next of kin or other personal representative of each such officer, emergency worker, employee, or other individual. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions to be determined by the Secretary to be emblematic of the valor and heroism of the men and women honored. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (d) Duplicative Gold Medals For Departments and Duty Stations.-- (1) In general.--The Secretary of the Treasury shall strike duplicates in gold of the gold medals struck pursuant to subsection (a) for presentation to each of the following, for permanent display in the respective offices, houses, stations, or places of employment: (A) The Governor of the State of New York. (B) The Mayor of the City of New York. (C) The Commissioner of the New York Police Department, the Commissioner of the New York Fire Department, the head of emergency medical services for the City of New York, and the Chairman of the Board of Directors of the Port Authority of New York and New Jersey. (D) Each precinct house, fire house, emergency response station, or other duty station or place of employment to which each person referred to in subsection (a) was assigned on September 11, 2001, for display in each such place in a manner befitting the memory of such persons. (e) Duplicate Bronze Medals.--Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under subsection (a) at a price sufficient to cover the costs of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. (f) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the medals authorized under this section should be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE PLANE TO CRASH. (a) Congressional Findings.--The Congress finds as follows: (1) On September 11, 2001, United Airlines Flight 93, piloted by Captain James Dahl, departed from Newark International Airport at 8:01 a.m. on its scheduled route to San Francisco, California, with 7 crew members and 38 passengers on board. (2) Shortly after departure, United Airlines Flight 93 was hijacked by terrorists. (3) At 10:37 a.m. United Airlines Flight 93 crashed near Shanksville, Pennsylvania. (4) Evidence indicates that people aboard United Airlines Flight 93 learned that other hijacked planes had been used to attack the World Trade Center in New York City and resisted the actions of the hijackers on board. (5) The effort to resist the hijackers aboard United Airlines Flight 93 appears to have caused the plane to crash prematurely, potentially saving hundreds or thousands of lives and preventing the destruction of the White House, the Capitol, or another important symbol of freedom and democracy. (6) The leaders of the resistance aboard United Airlines Flight 93 demonstrated exceptional bravery, valor, and patriotism, and are worthy of the appreciation of the people of the United States. (b) Presentation of Congressional Gold Medals Authorized.--In recognition of heroic service to the Nation, the Speaker of the House 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 for each passenger or crew member on board United Airlines Flight 93 who is identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane to the next of kin or other personal representative of each such individual. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (b), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (d) Duplicate Medals.--Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under subsection (b) at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of the United States Government, who responded to the attacks on the Pentagon Washington, D.C. and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead) the Speaker of the House 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 for each such officer, emergency worker, or employee to the next of kin or other personal representative of each such officer, emergency worker, or employee. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with the Secretary of Defense and any other appropriate representative of Federal, State, and local officers and agencies. SEC. 104. NATIONAL MEDALS. The medals struck under this title are national medals for purposes of chapter 51 of title 31, United States Code. TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS SEC. 201. FINDINGS. The Congress finds as follows: (1) On September 11, 2001, the United States suffered the worst act of terrorism in its history. (2) The more than 6,000 people who lost their lives as a result of the terrorist attacks that occurred in New York City, at the Pentagon, and in Pennsylvania on September 11, 2001, will not be forgotten. (3) Hundreds of emergency personnel responded heroically to the crisis and lost their lives as a result. (4) People from everywhere in the United States responded to the crisis with an outpouring of support for the victims of the terrorist attacks and their families. (5) The civilized world stands with strength and fortitude in opposition to the cowardly terrorist attacks against the United States that occurred on September 11, 2001. (6) It is essential to remember not only the tragedy of the attacks, but also the strength and resolve demonstrated by the people of the United States in the aftermath of the attacks. (7) The minting of coins in commemoration of the Spirit of America will pay tribute to the countless heroes who risked their lives during the terrorist attacks and in their aftermath so that others may live and to a united people whose belief in freedom, justice, and democracy has never swayed. SEC. 202. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the Spirit of America, the Secretary of the Treasury (hereafter in this title referred to as the ``Secretary'') shall mint and issue the following coins: (1) $50 gold coins.--Such number of 50 dollar coins as the Secretary determines under subsection (b), which shall-- (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins.--Such number of 1 dollar coins as the Secretary determines appropriate to meet demand, 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. (3) Half dollar clad coins.--Such number of half dollar coins as the Secretary determines appropriate to meet demand, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Number of Gold Coins.-- (1) In general.--The number of gold coins minted and issued under this title shall equal the sum of 25,000 and the number determined under paragraph (2). (2) Determination of number.--The Secretary, in consultation with the Attorney General of the United States and the Governors of New York, Pennsylvania, and Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attacks against the United States that occurred on September 11, 2001, and shall identify such individuals. The Secretary, under subsection (a)(1), shall mint and issue a number of 50 dollar coins equal to the number of such individuals. (c) Legal Tender.--The coins minted under this title shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. (e) Sources of Bullion.--For the purpose of minting coins under this title, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States. (f) Special Treatment Under Exigent Circumstances.-- (1) Findings.--The Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in showing the Spirit of America and participating in the raising of funds for the victims of the crimes committed on that date, and the importance of implementing this coin program as quickly as possible, notwithstanding the fact that 2 commemorative coin programs are already in effect for 2001 and 2002, justify exempting the coins produced under this title from such limitations. (2) Exemption.--Paragraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this title. SEC. 203. DESIGN OF COINS. (a) In General.--The design of the coins minted under this title shall be emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. (b) Designation and Inscriptions.--On each coin minted under this title there shall be-- (1) a designation of the value of the coin; (2) an inscription of the date ``September 11, 2001'' (and such coin shall bear no other date); and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this title shall be selected by the Secretary after consultation with the Commission of Fine Arts. SEC. 204. STRIKING AND ISSUANCE OF COINS. (a) Quality of Coins.-- (1) In general.--Except as provided under paragraph (2), coins minted under this title shall be issued in uncirculated quality. (2) Gold coins.--50 dollar coins minted under section 202(a)(1) shall be issued only in proof quality. (b) Mint Facility.-- (1) In general.--Except as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this title. (2) Clad coins.--Any number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 202(a)(3). (c) Period for Issuance.--The Secretary-- (1) shall commence issuing coins minted under this title as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued. SEC. 205. SALE OF COINS. (a) Sale Price.--The coins issued under section 202(a) (other than the 50 dollar gold coins referred to in subsection (d)) shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 206(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under section 202(a) at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under section 202(a). The sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary shall issue a 50 dollar coin minted under section 202(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 202(b). 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 such gold coins. SEC. 206. SURCHARGES ON SALE OF COINS. (a) Assessment.--Any sale by the Secretary of a coin minted under this title shall include a surcharge of an amount determined by the Secretary to be sufficient to cover the cost of the gold coins minted under section 202(a)(1) (including labor, materials, dies, use of machinery, overhead expenses, and shipping) for presentment in accordance with section 205(d), which charge may not be less than-- (1) $100 per coin for the 50 dollar gold coins; (2) $10 per coin for the 1 dollar coin; and (3) $5 per coin for the half dollar coin. (b) Distribution of Excess Proceeds.--Any proceeds from the surcharges received by the Secretary from the sale of coins issued under this title in excess of the cost of producing all coins issued under this title (including coins issued for individuals identified pursuant to section 202(b)(2)) shall be-- (1) used to cover the costs incurred in the production of gold medals under title I that have not been recovered from the sale of duplicate bronze medals under such title; and (2) with respect to any amount remaining after the costs described in paragraph (1) are covered, transferred to any fund for victims of the tragedies of September 11, 2001, that the Secretary of the Treasury and the Attorney General jointly determine to be appropriate. Passed the House of Representatives July 22, 2002. Attest: JEFF TRANDAHL, Clerk.

True American Heroes Act of 2002 - Title I: Medals for Responders and Resisters - (Sec. 101) Authorizes the award (posthumously) of congressional gold medals to the government workers and others who responded to the attacks on the World Trade Center in New York City and the Pentagon in Virginia and perished in the tragic events of September 11, 2001, and to the people aboard United Airlines Flight 93 who helped resist the hijackers on board and caused the plane to crash.Requires the Secretary of the Treasury to strike duplicates in gold of the gold medals for permanent display in named departments and duty stations. Authorizes the Secretary to strike and sell duplicates in bronze of the gold medals at a price sufficient to cover the costs of the bronze medals and the cost of the gold medals.Title II: Spirit of America Commemorative Coins - (Sec. 202) Directs the Secretary of the Treasury to mint and issue $50 dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001.(Sec. 206) Requires the sale of such coins to include a surcharge to cover the cost of the gold coins minted under this Act for presentment to the next of kin of those who died in the September 11, 2001, attacks, and any proceeds from such surcharges in excess of the cost of producing all coins to be: (1) used to cover the costs incurred in the production of the gold medals that have not been recovered from the sale of duplicate bronze medals minted under this Act; and (2) with respect to any amount remaining after payment of such costs, transferred to any fund for the victims of such attacks.

SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``New IDEA Act''; or (2) the ``New Illegal Deduction Elimination Act''. SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME. (a) In General.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: ``(4) Wages paid to or on behalf of unauthorized aliens.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). ``(B) Wages.--For the purposes of this paragraph, the term `wages' means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. ``(C) Safe harbor.--If a person or other entity is participating in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. ``(D) Burden of proof.--In the case of any examination of a return in connection with a deduction under this section by reason of this paragraph, the Secretary shall bear the burden of proving that wages were paid to or on behalf of an unauthorized alien. ``(E) Limitation on taxpayer audit.--The Secretary may not commence an audit or other investigation of a taxpayer solely on the basis of a deduction taken under this section by reason of this paragraph.''. (b) Six-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following new paragraph: ``(12) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''. (c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; (2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; and (3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or enforcement of''. (d) Availability of Information.-- (1) In general.--The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by secretary of the treasury.-- (A) In general.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Payment of wages to unauthorized aliens.--Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department-- ``(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and ``(B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals.''. (B) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code is amended-- (i) by striking ``(5), or (7)'' in the matter preceding subparagraph (A) and inserting ``(5), (7), or (9)'', and (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and inserting ``(5), (7), or (9)''. (e) Effective Date.-- (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2011. SEC. 3. MODIFICATION OF E-VERIFY PROGRAM. (a) Making Permanent.--Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking the last sentence. (b) Application to Current Employees.-- (1) Voluntary election.--The first sentence of section 402(a) of such Act is amended to read as follows: ``Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E-Verify Program.''. (2) Benefit of rebuttable presumption.--Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: ``If a person or other entity is participating in the E-Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.''. (3) Scope of election.--Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: ``(A) In general.--Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)-- ``(i) to all its hiring (and all recruitment or referral); ``(ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); ``(iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or ``(iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).''. (4) Procedures for participants in e-verify program.-- Subsection (a) of section 403 of such Act is amended-- (A) in the matter preceding paragraph (1), by inserting ``or continued employment in the United States'' after ``United States''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking all that follows ``(as specified by the Secretary of Homeland Security)'' and inserting ``after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).''; and (ii) in subparagraph (B), by striking ``such 3 working days'' and inserting ``the specified period''. (c) Application to Job Applicants.--Section 402(c)(2) of such Act is amended by adding at the end the following: ``(C) Job offer may be made conditional on final confirmation by e-verify.--A person or other entity that elects to participate in the E-Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404.''.

New IDEA Act or New Illegal Deduction Elimination Act - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Extends to six years the period for assessing and collecting underpayments of tax due to deductions claimed for wages paid to unauthorized aliens. Directs the Commissioner of Social Security and the Secretaries of Homeland Security (DHS) and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the DHS Secretary on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the E-Verify Program for verifying the employment eligibility of alien workers, (2) apply such program to current employees in addition to new hires, (3) establish a rebuttable presumption that employers who participate in the E-Verify Program and obtain confirmation of identity and employment eligibility have not violated hiring requirements under such Act, and (4) allow employers participating in the E-Verify Program to make a conditional offer of employment pending final verification of the identity and employment eligibility of the job applicant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Improper Payments to Deceased People Act''. SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION. (a) In General.-- (1) In general.--Section 205(r) of the Social Security Act (42 U.S.C. 405(r)) is amended-- (A) in paragraph (2)-- (i) by striking ``may'' and inserting ``shall''; and (ii) by inserting ``, and to ensure the completeness, timeliness, and accuracy of,'' after ``transmitting''; (B) by striking paragraphs (3), (4), and (5) and inserting the following: ``(3)(A) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection in accordance with subparagraph (B), subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, by any Federal or State agency providing federally funded benefits or administering a Federal program for such benefits, including the agency operating the Do Not Pay working system for ensuring proper payment of those benefits, through a cooperative arrangement with the agency (that includes the agency's Inspector General) or with an agency's Inspector General, if-- ``(i) under such arrangement the agency (including, if applicable, the agency's Inspector General) provides reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1); and ``(ii) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). ``(B) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, through a cooperative arrangement in order for a Federal agency to carry out any of the following purposes, if the requirements of clauses (i) and (ii) of subparagraph (A) are met: ``(i) Operating the Do Not Pay working system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012. Under such arrangement, the agency operating the working system may compare death information disclosed by the Commissioner with personally identifiable information reviewed through the working system, and may redisclose such comparison of information, as appropriate, to any Federal or State agency authorized to use the working system. ``(ii) To ensure proper payments under a Federal program or the proper payment of federally funded benefits, including for purposes of payment certification, payment disbursement, and the prevention, identification, or recoupment of improper payments. ``(iii) To carry out tax administration or debt collection duties of the agency. ``(iv) For use by any policing agency of the Federal Government with the principle function of prevention, detection, or investigation of crime or the apprehension of alleged offenders. ``(C) With respect to the reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out a cooperative arrangement described in subparagraph (A) between the Commissioner of Social Security and an agency, the Commissioner shall-- ``(i) establish a defined calculation method for purposes of calculating the reasonable cost of carrying out the arrangement that does not take into account any services, information, or unrelated payments provided by the agency to the Commissioner; and ``(ii) reimbursement payments shall be accounted for and recorded separately from other transactions. ``(4) The Commissioner of Social Security may enter into similar arrangements with States to provide information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, for any of the purposes specified in paragraph (3)(B), for use by States in programs wholly funded by the States, or for use in the administration of a benefit pension plan or retirement system for employees of a State or a political subdivision thereof, if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the terms `retirement system' and `political subdivision' have the meanings given such terms in section 218(b). ``(5) The Commissioner of Social Security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical purposes and research activities by Federal and State agencies if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the term `statistical purposes' has the meaning given that term in section 502 of the Confidential Information Protection and Statistical Efficiency Act of 2002.''; and (C) in paragraph (8)(A)(i), by striking ``subparagraphs (A) and (B) of paragraph (3)'' and inserting ``clauses (i) and (ii) of paragraph (3)(A)''. (2) Repeal.--Effective on the date that is 5 years after the date of enactment of this Act, the amendments made by this subsection to paragraphs (3), (4), (5), and (8) of section 205(r) of the Social Security Act (42 U.S.C. 405(r)) are repealed, and the provisions of section 205(r) of the Social Security Act (42 U.S.C. 605(r)) so amended are restored and revived as if such amendments had not been enacted. (b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraphs (A) and (B), by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Commissioner of Social Security''; and (2) in subparagraph (B)(ii), by striking ``such Secretary'' and all that follows through ``deceased individuals.'' and inserting ``such Commissioner pursuant to such contract, except that such contract may provide that such information is only to be used by the Social Security Administration (or any other Federal agency) for purposes authorized in the Social Security Act or this title.''. (c) Report to Congress on Alternative Sources of Death Data.-- (1) Requirements.--The Director of the Office of Management and Budget shall conduct a review of potential alternative sources of death data maintained by the non-Federal sources, including sources maintained by State agencies or associations of State agencies, for use by Federal agencies and programs. The review shall include analyses of-- (A) the accuracy and completeness of such data; (B) interoperability of such data; (C) the extent to which there is efficient accessibility of such data by Federal agencies; (D) the cost to Federal agencies of accessing and maintaining such data; (E) the security of such data; (F) the reliability of such data; and (G) a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security. (2) Report.--Not later than 4 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the results of the review and analyses required under paragraph (1). The report shall include a recommendation by the Director of the Office of Management and Budget regarding whether to extend the agency access to death data distributed by the Commissioner of Social Security provided under the amendments made by subsection (a)(1) beyond the date on which such amendments are to be repealed under subsection (a)(2). SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at the end the following: ``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES. ``(a) Guidance by the Office of Management and Budget.-- ``(1) Guidance to agencies.--Not later than 6 months after the date of enactment of this section, and in consultation with the Council of Inspectors General on Integrity and Efficiency and the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, the Director of the Office of Management and Budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries, annuity recipients, or any purpose described in section 205(r)(3)(B) of the Social Security Act (42 U.S.C. 405(r)(3)(B)) for which improved data matching with databases relating to the death of an individual (in this section referred to as `death databases') would be relevant and necessary regarding implementation of this section to provide such agencies or components access to the death databases no later than 6 months after such date of enactment. ``(2) Plan to assist states and local agencies and indian tribes and tribal organizations.--Not later than 1 year after the date of enactment of this section, the Director of the Office of Management and Budget shall develop a plan to assist States and local agencies, and Indian tribes and tribal organizations, in providing electronically to the Federal Government records relating to the death of individuals, which may include recommendations to Congress for any statutory changes or financial assistance to States and local agencies and Indian tribes and tribal organizations that are necessary to ensure States and local agencies and Indian tribes and tribal organizations can provide such records electronically. The plan may include recommendations for the authorization of appropriations or other funding to carry out the plan. ``(b) Reports.-- ``(1) Report to congress on improving data matching regarding payments to deceased individuals.--Not later than 270 days after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the heads of other relevant Federal agencies, and in consultation with States and local agencies, Indian tribes and tribal organizations, shall submit to Congress a plan to improve how States and local agencies and Indian tribes and tribal organizations that provide benefits under a federally funded program will improve data matching with the Federal Government with respect to the death of individuals who are recipients of such benefits. ``(2) Annual report.--Not later than 1 year after the date of enactment of this section, and for each of the 4 succeeding years, the Director of the Office of Management and Budget shall submit to Congress a report regarding the implementation of this section. The first report submitted under this paragraph shall include the recommendations of the Director required under subsection (a)(2). ``(c) Definitions.--In this section, the terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).''. SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY ADMINISTRATION. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a plan, which shall include an estimate of the cost of implementing the policies and procedures described in such plan, to improve the accuracy and completeness of the death data (including, where feasible and cost-effective, data regarding individuals who are not eligible for or receiving benefits under titles II or XVI of the Social Security Act) maintained and distributed by the Social Security Administration. (b) Content of Plan.--In developing the plan required under subsection (a), the Commissioner of Social Security shall consider whether to include the following elements: (1) Procedures for-- (A) identifying individuals who are extremely elderly, as determined by the Commissioner, but for whom no record of death exists in the records of the Social Security Administration; (B) verifying the information contained in the records of the Social Security Administration with respect to individuals described in subparagraph (A) and correcting any inaccuracies; and (C) where appropriate, disclosing corrections made to the records of the Social Security Administration. (2) Improved policies and procedures for identifying and correcting erroneous death records, including policies and procedures for-- (A) identifying individuals listed as dead who are actually alive; (B) identifying individuals listed as alive who are actually dead; and (C) allowing individuals or survivors of deceased individuals to notify the Social Security Administration of potential errors. (3) Improved policies and procedures to identify and correct discrepancies in the records of the Social Security Administration, including Social Security number records. (4) A process for employing statistical analysis of the death data maintained and distributed by the Social Security Administration to determine an estimate of the number of erroneous records. (5) Recommendations for legislation, as necessary. SEC. 5. REPORT ON INFORMATION SECURITY. Not later than 90 days after the date of the enactment of this Act, the Commissioner of Social Security shall submit a report to the Committees on Ways and Means, Oversight and Government Reform, and Homeland Security of the House of Representatives, and the Committees on Finance and Homeland Security and Governmental Affairs of the Senate that-- (1) identifies all information systems of the Social Security Administration containing sensitive information; and (2) describes the measures the Commissioner is taking to secure and protect such information systems.

Stopping Improper Payments to Deceased People Act This bill requires the Social Security Administration (SSA) to pay to states their reasonable costs for compiling and sharing records of deaths with the SSA. Under current law, the SSA is not required to pay the states but may choose to do so. The SSA may share the death data with federal and state agencies for various purposes. Such purposes include ensuring proper payments of benefits and tax administration duties. The Office of Management and Budget shall develop a plan to help federal and state agencies and Indian tribes use the death data.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Adopting Families Act''. SEC. 2. DEDUCTION FOR ADOPTION EXPENSES. (a) Deduction for Adoption Expenses.-- (1) In general.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. ADOPTION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount allowable as a deduction under subsection (a) for all taxable years with respect to the legal adoption of any single child by the taxpayer shall not exceed $5,000 ($7,000, in the case of an international adoption). ``(2) Income limitation.--The amount allowable as a deduction under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income (determined without regard to this section and section 137) exceeds $60,000, bears to ``(B) $10,000. ``(3) Denial of double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No deduction shall be allowed under subsection (a) for any expenses paid from any funds received under any Federal, State, or local program. ``(C) Employer program.--No deduction shall be allowed under subsection (a) for any expenses paid by an employer which are excludible from gross income under section 137(a). ``(c) Qualified Adoption Expenses.--For purposes of this section: ``(1) In general.--The term `qualified adoption expenses' means reasonable and necessary adoption fees (including agency fees), court costs, attorney fees, and other expenses which-- ``(A) are directly related to the legal adoption of a child by the taxpayer but only if such adoption has been arranged-- ``(i) by a State or local agency with responsibility under State or local law for child placement through adoption, ``(ii) by a non-profit, voluntary adoption agency which is authorized by State or local law to place children for adoption, or ``(iii) through a private placement, and ``(B) are not incurred in violation of State or Federal law. ``(2) Adoption expenses not to include certain amounts.-- The term `qualified adoption expenses' shall not include any expenses in connection with-- ``(A) the adoption by an individual of a child who is the child of such individual's spouse, or ``(B) travel outside the United States, unless such travel is required-- ``(i) as a condition of a legal adoption by the country of the child's origin, ``(ii) to assess the health and status of the child to be adopted, or ``(iii) to escort the child to be adopted to the United States. ``(3) Child.--The term `child' means an individual who at the time of adoption under this section has not attained the age of 18.''. (2) Clerical amendment.--The table of sections for such part VII is amended by striking the item relating to section 220 and inserting the following: ``Sec. 220. Adoption expenses. ``Sec. 221. Cross reference.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by adding after paragraph (15) the following new paragraph: ``(16) Adoption expenses.--The deduction allowed by section 220.''. (c) Adoption Assistance Programs.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the legal adoption of any single child by the taxpayer shall not exceed the excess (if any) of $5,000 ($7,000 in the case of an international adoption). ``(2) Income limitation.--The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's taxable income (determined without regard to this section and section 220) exceeds $60,000, bears to ``(B) $10,000. ``(c) Adoption Assistance Program.--For purposes of this section, an adoption assistance program is a plan of an employer-- ``(1) under which the employer provides employees with adoption assistance, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b). ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 220(c).''. (2) Clerical amendment.--The table of sections for such part III is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Adoption assistance programs. ``Sec. 138. Cross reference to other Acts.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1993.

Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.

SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY. (a) In General.--Section 1303 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10104(c) of such Act, is amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (2) by redesignating paragraph (4) of subsection (b) as subsection (d) and transferring such subsection (d) after the subsection (c) inserted by paragraph (4) of this subsection with appropriate indentation; (3) by amending subsection (b) to read as follows: ``(b) Special Rules Relating to Coverage of Abortion Services.-- Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan to provide coverage of or access to abortion services or to allow the Secretary or any other Federal or non-Federal person or entity in implementing this Act (or amendment) to require coverage of or access to such services.''; (4) by inserting after subsection (b) the following new subsection: ``(c) Limitation on Abortion Funding.-- ``(1) In general.--No funds authorized or appropriated by this Act (or an amendment made by this Act), including credits applied toward qualified health plans under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of this Act may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest. ``(2) Option to purchase separate coverage or plan.-- Nothing in this subsection shall be construed as prohibiting any non-Federal entity (including an individual or a State or local government) from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as-- ``(A) such coverage or plan is paid for entirely using only funds not authorized or appropriated by this Act; and ``(B) such coverage or plan is not purchased using-- ``(i) individual premium payments required for a qualified health plan offered through an Exchange towards which a credit is applied under section 36B of the Internal Revenue Code of 1986; or ``(ii) other non-Federal funds required to receive a Federal payment, including a State's or locality's contribution of Medicaid matching funds. ``(3) Option to offer coverage or plan.--Nothing in this subsection or section 1311(d)(2)(B)(i) shall restrict any non- Federal health insurance issuer offering a qualified health plan from offering separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as-- ``(A) premiums for such separate coverage or plan are paid for entirely with funds not authorized or appropriated by this Act; ``(B) administrative costs and all services offered through such coverage or plan are paid for using only premiums collected for such coverage or plan; and ``(C) any such non-Federal health insurance issuer that offers a qualified health plan through an Exchange that includes coverage for abortions for which funding is prohibited under this subsection also offers a qualified health plan through the Exchange that is identical in every respect except that it does not cover abortions for which funding is prohibited under this subsection.''; (5) in subsection (e), as redesignated by paragraph (1)-- (A) in the heading, strike ``Regarding Abortion''; (B) in the heading of each of paragraphs (1) and (2), strike each place it appears ``regarding abortion''; and (C) in paragraph (1), insert ``conscience protection, abortion, or'' after ``State laws regarding''; (6) in subsection (f), as redesignated by paragraph (1), by striking ``Nothing'' and inserting ``Subject to subsection (g), nothing''; and (7) by adding at the end the following new subsection: ``(g) Nondiscrimination on Abortion.-- ``(1) Nondiscrimination.--A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not-- ``(A) subject any individual or institutional health care entity to discrimination; or ``(B) require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any individual or institutional health care entity to discrimination, on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(2) Definition.--In this subsection, the term ``healthcare entity'' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(3) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection, and coordinate the investigation of such complaints.''. (b) Conforming Amendment.--Section 1334(a)(6) of such Act is amended to read as follows: ``(6) Coverage consistent with federal policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides coverage for abortions for which funding is prohibited under subsection 1303(c) of this Act.''.

Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)), when licenses are issued involving tribal land within an Indian reservation, a reasonable annual charge shall be fixed for the use of the land, subject to the approval of the Indian tribe having jurisdiction over the land; (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act (16 U.S.C. 792 et seq.)-- (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that-- (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), Congress-- (A) granted to the United States-- (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid-- (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the ``Indian Claims Commission Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)), Congress ratified the Colville Settlement Agreement, which required-- (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective tribes with the Commission prior to August 13, 1951, but both tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. SEC. 3. PURPOSE. The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration or the head of any successor agency, corporation, or entity that markets power produced at Grand Coulee Dam. (2) Colville settlement agreement.--The term ``Colville Settlement Agreement'' means the Settlement Agreement entered into between the United States and the Colville Tribes, signed by the United States on April 21, 1994, and by the Colville Tribes on April 16, 1994, to settle the claims of the Colville Tribes in Docket 181-D of the Indian Claims Commission, which docket was transferred to the United States Court of Federal Claims. (3) Colville tribes.--The term ``Colville Tribes'' means the Confederated Tribes of the Colville Reservation. (4) Computed annual payment.--The term ``Computed Annual Payment'' means the payment calculated under paragraph 2.b. of the Colville Settlement Agreement, without regard to any increase or decrease in the payment under section 2.d. of the agreement. (5) Confederated tribes act.--The term ``Confederated Tribes Act'' means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103- 436; 108 Stat. 4577). (6) Fund.--The term ``Fund'' means the Spokane Tribe of Indians Recovery Trust Fund established by section 5. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Spokane business council.--The term ``Spokane Business Council'' means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe. (9) Spokane tribe.--The term ``Spokane Tribe'' means the Spokane Tribe of Indians of the Spokane Reservation, Washington. SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States a separate account to be known as the ``Spokane Tribe of Indians Recovery Trust Fund'', consisting of-- (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits.--On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and Investment of Fund.--The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe.-- (1) In general.--At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment.--Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote-- (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision.-- (A) In general.--The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates.--The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. SEC. 6. PAYMENTS BY ADMINISTRATOR. (a) Initial Payment.--On March 1, 2017, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2016. (b) Subsequent Payments.-- (1) In general.--Not later than March 1, 2018, and March 1 of each year thereafter through March 1, 2026, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2027, and subsequent years.--Not later than March 1, 2027, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID. (a) Use of Payments.--Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No Trust Responsibility of the Secretary.--Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of Funds for Certain Purposes.--The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal Audit.--After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall-- (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. SEC. 8. REPAYMENT CREDIT. (a) In General.--The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k))-- (1) in fiscal year 2026, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting.-- (1) In general.--Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be-- (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest.--If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit.--To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. SEC. 9. EXTINGUISHMENT OF CLAIMS. On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. SEC. 10. ADMINISTRATION. Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.

. Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act (Sec. 5) This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. (Sec. 6) The Bonneville Power Administration must make specified settlement payments to the tribe. (Sec. 7) Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Amounts paid to the council are subject to an annual tribal government audit. (Sec. 8) The Bonneville Power Administration is credited a specified amount on interest payments otherwise payable to the Department of the Treasury. (Sec. 9) Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Bridge Research Center Establishment Act of 2005''. SEC. 2. BRIDGE RESEARCH CENTER. Section 5505 of title 49, United States Code, is amended by adding at the end the following: ``(k) Southwest Bridge Research Center.-- ``(1) In general.--In addition to the university transportation centers receiving grants under subsections (a) and (b), the Secretary shall provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish and operate a university transportation center to be known as the `Southwest Bridge Research Center' (referred to in this subsection as the `Center'). ``(2) Purpose.--The purpose of the Center shall be to contribute at a national level to a systems approach to improving the overall performance of bridges, with an emphasis on-- ``(A) increasing the number of highly skilled individuals entering the field of transportation; ``(B) improving the monitoring of structural health over the life of bridges; ``(C) developing innovative technologies for bridge testing and assessment; ``(D) developing technologies and procedures for ensuring bridge safety, reliability, and security; and ``(E) providing training in the methods for bridge inspection and evaluation. ``(3) Objectives.--The Center shall carry out-- ``(A) basic and applied research, the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in transportation; ``(B) an education program that includes multidisciplinary course work and participation in research; and ``(C) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented. ``(4) Maintenance of effort.--To be eligible to receive a grant under this subsection, the institution specified in paragraph (1) shall enter into an agreement with the Secretary to ensure that, for each fiscal year after establishment of the Center, the institution will fund research activities relating to transportation in an amount that is at least equal to the average annual amount of funds expended for the activities for the 2 fiscal years preceding the fiscal year in which the grant is received. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of any activity carried out using funds from a grant provided under this subsection shall be 50 percent. ``(B) Non-federal share.--The non-Federal share of the cost of any activity carried out using funds from a grant provided under this subsection may include funds provided to the recipient under any of sections 503, 504(b), and 505 of title 23. ``(C) Ongoing programs.--After establishment of the Center, the institution specified in paragraph (1) shall obligate for each fiscal year not less than $200,000 in regularly budgeted institutional funds to support ongoing transportation research and education programs. ``(6) Program coordination.-- ``(A) Coordination.--The Secretary shall-- ``(i) coordinate the research, education, training, and technology transfer activities carried out by the Center; ``(ii) disseminate the results of that research; and ``(iii) establish and operate a clearinghouse for information derived from that research. ``(B) Annual review and evaluation.--At least annually, and in accordance with the plan developed under section 508 of title 23, the Secretary shall review and evaluate each program carried out by the Center using funds from a grant provided under this subsection. ``(7) Limitation on availability of funds.--Funds made available to carry out this subsection shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which the funds are authorized. ``(8) Amount of grant.--For each of fiscal years 2005 through 2010, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in paragraph (1) to carry out this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $3,000,000 for each of fiscal years 2005 through 2010.''.

Southwest Bridge Research Center Establishment Act of 2005 - Amends Federal transportation law to direct the Secretary of Transportation to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish the Southwest Bridge Research Center to contribute at a national level to a systems approach to improving the overall performance of bridges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saddleback Mountain-Arizona Settlement Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Salt River Pima-Maricopa Indian Community and the city of Scottsdale, Arizona, have a longstanding interest in a 701-acre tract of land known as the ``Saddleback Property'', that lies within the boundaries of the City and abuts the north boundary of the Salt River Pima-Maricopa Indian Reservation; (2) the Saddleback Property includes Saddleback Mountain and scenic hilly terrain along the Shea Boulevard corridor in Scottsdale, Arizona, that-- (A) has significant conservation value; and (B) is of historic and cultural significance to the Community; (3) in 1989, the Resolution Trust Corporation acquired the Saddleback Property as a receiver for the Sun City Savings and Loan Association; (4) after the Saddleback Property was noticed for sale by the Resolution Trust Corporation, a dispute between the Community and the City arose concerning the future ownership, use, and development of the Saddleback Property; (5) the Community and the City each filed litigation with respect to that dispute, but in lieu of pursuing that litigation, the Community and the City negotiated a Settlement Agreement that-- (A) addresses the concerns of each of those parties with respect to the future use and development of the Saddleback Property; and (B) provides for the dismissal of the litigation; (6) under the Settlement Agreement, subject to detailed use and development agreements-- (A) the Community will purchase a portion of the Saddleback Property; and (B) the City will purchase the remaining portion of that property; and (7) the Community and the City agree that the enactment of legislation by Congress to ratify the Settlement Agreement is necessary in order for-- (A) the Settlement Agreement to become effective; and (B) the United States to take into trust the property referred to in paragraph (6)(A) and make that property a part of the Reservation. (b) Purposes.--The purposes of this Act are-- (1) to approve and confirm the Settlement, Release, and Property Conveyance Agreement executed by the Community, the City, and the Resolution Trust Corporation; (2) to ensure that the Settlement Agreement (including the Development Agreement, the Use Agreement, and all other associated ancillary agreements and exhibits)-- (A) is carried out; and (B) is fully enforceable in accordance with its terms, including judicial remedies and binding arbitration provisions; and (3) to provide for the taking into trust by the United States of the portion of the Saddleback Property purchased by the Community in order to make that portion a part of the Reservation. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) City.--The term ``City'' means the city of Scottsdale, Arizona, which is a municipal corporation in the State of Arizona. (2) Community.--The term ``Community'' means the Salt River Pima-Maricopa Indian Community, which is a federally recognized Indian tribe. (3) Dedication property.--The term ``Dedication Property'' means a portion of the Saddleback Property, consisting of approximately 27 acres of such property, that the City will acquire in accordance with the Settlement Agreement. (4) Development agreement.--The term ``Development Agreement'' means the agreement between the City and the Community, executed on September 11, 1995, that sets forth conditions and restrictions that-- (A) are supplemental to the Settlement, Release and Property Conveyance Agreement referred to in paragraph (11)(A); and (B) apply to the future use and development of the Development Property. (5) Development property.--The term ``Development Property'' means a portion of the Saddleback Property, consisting of approximately 211 acres, that the Community will acquire in accordance with the Settlement Agreement. (6) Mountain property.--The term ``Mountain Property'' means a portion of the Saddleback Property, consisting of approximately 365 acres, that the Community will acquire in accordance with the Settlement Agreement. (7) Preservation property.--The term ``Preservation Property'' means a portion of the Saddleback Property, consisting of approximately 98 acres, that the City will acquire in accordance with the Settlement Agreement. (8) Reservation.--The term ``Reservation'' means the Salt River Pima-Maricopa Indian Reservation. (9) Saddleback property.--The term ``Saddleback Property'' means a tract of land that-- (A) consists of approximately 701 acres within the city of Scottsdale, Arizona; and (B) includes the Dedication Property, the Development Property, the Mountain Property, and the Preservation Property. (10) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (11) Settlement agreement.--The term ``Settlement Agreement''-- (A) means the Settlement, Release and Property Conveyance Agreement executed on September 11, 1995, by the Community, the City, and the Resolution Trust Corporation (in its capacity as the Receiver for the Sun State Savings and Loan Association, F.S.A.); and (B) includes the Development Agreement, the Use Agreement, and all other associated ancillary agreements and exhibits. (12) Use agreement.--The term ``Use Agreement'' means the agreement between the City and the Community, executed on September 11, 1995, that sets forth conditions and restrictions that-- (A) are supplemental to the Settlement, Release and Property Conveyance Agreement referred to in paragraph (11)(A); and (B) apply to the future use and development of the Mountain Property. SEC. 4. APPROVAL OF AGREEMENT. The Settlement Agreement is hereby approved and ratified and shall be fully enforceable in accordance with its terms and the provisions of this Act. SEC. 5. TRANSFER OF PROPERTIES. (a) In General.--Upon satisfaction of all conditions to closing set forth in the Settlement Agreement, the Resolution Trust Corporation shall transfer, pursuant to the terms of the Settlement Agreement-- (1) to the Secretary, the Mountain Property and the Development Property purchased by the Community from the Resolution Trust Corporation; and (2) to the City, the Preservation Property and the Dedication Property purchased by the City from the Resolution Trust Corporation. (b) Trust Status.--The Mountain Property and the Development Property transferred pursuant to subsection (a)(1) shall, subject to sections 6 and 7-- (1) be held in trust by the United States for the Community; and (2) become part of the Reservation. (c) Limitation on Liability.--Notwithstanding any other provision of law, the United States shall not incur any liability for conditions, existing prior to the transfer, on the parcels of land referred to in subsection (b) to be transferred to the United States in trust for the Salt River Pima-Maricopa Indian Community. (d) Records.--Upon the satisfaction of all of the conditions of closing set forth in the Settlement Agreement, the Secretary shall file a plat of survey depicting the Saddleback Property (that includes a depiction of the Dedication Property, the Development Property, the Mountain Property, and the Preservation Property) with-- (1) the office of the Recorder of Maricopa County, Arizona; and (2) the Titles and Records Center of the Bureau of Indian Affairs, located in Albuquerque, New Mexico. SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT. Upon the satisfaction of all of the conditions of closing set forth in the Settlement Agreement, the properties transferred pursuant to paragraphs (1) and (2) of section 5(a) shall be subject to the following limitations and conditions on use and development: (1) Preservation property.-- (A) In general.--Except as provided in subparagraph (B), the Preservation Property shall be forever preserved in its natural state for use only as a public park or recreation area that shall-- (i) be utilized and maintained for the purposes set forth in section 4(C) of the Settlement Agreement; and (ii) be subject to the restrictions set forth in section 4(C) of the Settlement Agreement. (B) Shea boulevard.--At the sole discretion of the City, a portion of the Preservation Property may be used to widen, reconfigure, repair, or reengineer Shea Boulevard in accordance with section 4(D) of the Settlement Agreement. (2) Dedication property.--The Dedication Property shall be used to widen, reconfigure, repair, or reengineer Shea Boulevard and 136th Street, in accordance with sections 4(D) and 7 of the Settlement Agreement. (3) Mountain property.--Except for the areas in the Mountain Property referred to as Special Cultural Land in section 5(C) of the Settlement Agreement, the Mountain Property shall be forever preserved in its natural state for use only as a public park or recreation area that shall-- (A) be utilized and maintained for the purposes set forth in section 5(C) of the Settlement Agreement; and (B) be subject to the restrictions set forth in section 5(C) of the Settlement Agreement. (4) Development property.--The Development Property shall be used and developed for the economic benefit of the Community in accordance with the provisions of the Settlement Agreement and the Development Agreement. SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT. No amendment made to the Settlement Agreement (including any deviation from an approved plan described in section 9(B) of the Settlement Agreement) shall become effective, unless the amendment-- (1) is made in accordance with the applicable requirements relating to the form and approval of the amendment under sections 9(B) and 34 of the Settlement Agreement; and (2) is consistent with the provisions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale, Arizona. Directs the Corporation to make such land transfer. Declares that the United States shall not be liable for any preexisting conditions on the land to be held (by the United States) in trust for the Community. Sets forth land use limitations (public use and development property).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Jobs Act''. SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Duties of the General Counsel and Administrative Law Judges.-- The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 3(d) (29 U.S.C. 153(d)), by striking ``investigation of charges and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board'' and inserting ``investigation of allegations under section 10''; and (2) in section 4(a) (29 U.S.C. 154(a)), by striking the fourth sentence. (b) Clarification of the Board's Rulemaking Authority.--Section 6 of such Act (29 U.S.C. 156) is amended by adding at the end the following: ``Such rulemaking authority shall be limited to rules concerning the internal functions of the Board. The Board shall not promulgate rules or regulations that affect the substantive or procedural rights of any person, employer, employee, or labor organization, including rules and regulations concerning unfair labor practices and representation elections.''. (c) Investigatory Power and Adjudicatory Authority Over Unfair Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is amended-- (1) in subsection (a)-- (A) by striking ``prevent any person from engaging in'' and inserting ``investigate''; and (B) by striking ``This power shall'' and all that follows through the end of the subsection; (2) in subsection (b)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) by striking ``or is engaging in'' and inserting ``, is engaging in, or is about to engage in''; (C) by striking ``the Board, or any agent'' and all that follows through ``Provided, That no complaint shall issue'' and inserting ``the aggrieved person may bring a civil action for such relief (including an injunction) as may be appropriate. Any such civil action may be brought in the district court of the United States where the violation occurred, or, at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought''; (D) by striking ``charge with the Board'' and all that follows through ``prevented from filing such charge'' and inserting ``civil action, unless the person aggrieved thereby was prevented from filing such civil action''; and (E) by striking ``Any such complaint may be amended'' and all that follows through ``Any such proceeding shall, so far as practicable,'' and inserting ``Any proceeding under this subsection shall''; (3) by striking subsections (c) through (k); (4) by redesignating subsections (l) and (m) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) in the first sentence, by striking ``charge'' and inserting ``allegation''; and (C) by striking ``such charge is true and that a complaint should issue, he shall'' and all that follows through the end of the subsection and inserting ``such allegation is true, the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice.''; and (6) in subsection (d) (as so redesignated)-- (A) by striking ``Whenever it is charged'' and inserting ``Whenever it is alleged''; (B) by striking ``such charge'' and inserting ``such allegation''; and (C) by striking ``and cases given priority under subsection (i)''. (d) Conforming Amendments.--The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) in section 9 (29 U.S.C. 159)-- (A) in subsection (c)(2), by striking ``and in no case shall the Board'' and all that follows through the end of such subsection and inserting a period; (B) by striking subsection (d); and (C) by redesignating subsection (e) as subsection (d); (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or (e) of section 9'' and inserting ``or (d) of section 9''; (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each place it appears and inserting ``9(d)''; and (4) in section 18 (29 U.S.C. 168), by striking ``section 10 (e) or (f)'' and inserting ``subsection (e) or (f) of section 10, as such subsections were in effect on the day before the date of enactment of the Protecting American Jobs Act,''. SEC. 3. REGULATIONS. Not later than 6 months after the date of enactment of this Act, the National Labor Relations Board shall review all regulations promulgated before such date of enactment and revise or rescind any such regulations as necessary to implement the amendment made by section 2(b).

Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Therapeutic and Research Reauthorization Act of 2010''. SEC. 2. AMENDMENTS TO THE STEM CELL THERAPEUTIC AND RESEARCH ACT OF 2005. (a) Cord Blood Inventory.--Section 2 of the Stem Cell Therapeutic and Research Act of 2005 (42 U.S.C. 274k note) is amended-- (1) in subsection (a), by inserting ``the inventory goal of at least'' before ``150,000''; (2) in subsection (c)-- (A) in paragraph (2), by striking ``or is transferred'' and all that follows through the period and inserting ``for a first-degree relative.''; and (B) in paragraph (3), by striking ``150,000''; (3) in subsection (d)-- (A) in paragraph (1), by inserting ``beginning on the last date on which the recipient of a contract under this section receives Federal funds under this section'' after ``10 years''; (B) in paragraph (2), by striking ``; and'' and inserting ``;''; (C) by redesignating paragraph (3) as paragraph (5); and (D) by inserting after paragraph (2) the following: ``(3) will provide a plan to increase cord blood unit collections at collection sites that exist at the time of application, assist with the establishment of new collection sites, or contract with new collection sites; ``(4) will annually provide to the Secretary a plan for, and demonstrate, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations; and''; (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``10 years'' and inserting ``a period of at least 10 years beginning on the last date on which the recipient of a contract under this section receives Federal funds under this section''; and (ii) by striking the second sentence and inserting ``The Secretary shall ensure that no Federal funds shall be obligated under any such contract after the date that is 5 years after the date on which the contract is entered into, except as provided in paragraphs (2) and (3).''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``Subject to paragraph (1)(B), the'' and inserting ``The''; and (II) by striking ``3'' and inserting ``5''; (ii) in subparagraph (A) by striking ``150,000'' and all that follows through ``and'' at the end and inserting ``the inventory goal described in subsection (a) has not yet been met;''; (iii) in subparagraph (B)-- (I) by inserting ``meeting the requirements under subsection (d)'' after ``receive an application for a contract under this section''; and (II) by striking ``or the Secretary'' and all that follows through the period at the end and inserting ``; or''; and (iv) by adding at the end the following: ``(C) the Secretary determines that the outstanding inventory need cannot be met by the qualified cord blood banks under contract under this section.''; and (C) by striking paragraph (3) and inserting the following: ``(3) Extension eligibility.--A qualified cord blood bank shall be eligible for a 5-year extension of a contract awarded under this section, as described in paragraph (2), provided that the qualified cord blood bank-- ``(A) demonstrates a superior ability to satisfy the requirements described in subsection (b) and achieves the overall goals for which the contract was awarded; ``(B) provides a plan for how the qualified cord blood bank will increase cord blood unit collections at collection sites that exist at the time of consideration for such extension of a contract, assist with the establishment of new collection sites, or contract with new collection sites; and ``(C) annually provides to the Secretary a plan for, and demonstrates, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations.''; (5) in subsection (g)(4), by striking ``or parent''; and (6) in subsection (h)-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out the program under this section $23,000,000 for each of fiscal years 2011 through 2014 and $20,000,000 for fiscal year 2015.''; (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2), as so redesignated, by striking ``in each of fiscal years 2007 through 2009'' and inserting ``for each of fiscal years 2011 through 2015''. (b) National Program.--Section 379 of the Public Health Service Act (42 U.S.C. 274k) is amended-- (1) by striking subsection (a)(6) and inserting the following: ``(6) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall submit to Congress an annual report on the activities carried out under this section.''; (2) in subsection (d)-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``With respect to cord blood, the Program shall--'' and inserting the following: ``(A) In general.--With respect to cord blood, the Program shall--''; (ii) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii) respectively (with appropriate indentation); (iii) by striking clause (iv), as so redesignated, and inserting the following: ``(iv) support and expand new and existing studies and demonstration and outreach projects for the purpose of increasing cord blood unit donation and collection from a genetically diverse population and expanding the number of cord blood unit collection sites partnering with cord blood banks receiving a contract under the National Cord Blood Inventory program under section 2 of the Stem Cell Therapeutic and Research Act of 2005, including such studies and projects that focus on-- ``(I) remote collection of cord blood units, consistent with the requirements under the Program and the National Cord Blood Inventory program goal described in section 2(a) of the Stem Cell Therapeutic and Research Act of 2005; and ``(II) exploring novel approaches or incentives to encourage innovative technological advances that could be used to collect cord blood units, consistent with the requirements under the Program and such National Cord Blood Inventory program goal;''; and (iv) by adding at the end the following: ``(B) Efforts to increase collection of high quality cord blood units.--In carrying out subparagraph (A)(iv), not later than 1 year after the date of enactment of the Stem Cell Therapeutic and Research Reauthorization Act of 2010 and annually thereafter, the Secretary shall set an annual goal of increasing collections of high quality cord blood units, consistent with the inventory goal described in section 2(a) of the Stem Cell Therapeutic and Research Act of 2005 (referred to in this subparagraph as the `inventory goal'), and shall identify at least one project under subparagraph (A)(iv) to replicate and expand nationwide, as appropriate. If the Secretary cannot identify a project as described in the preceding sentence, the Secretary shall submit a plan, not later than 180 days after the date on which the Secretary was required to identify such a project, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives for expanding remote collection of high quality cord blood units, consistent with the requirements under the National Cord Blood Inventory program under section 2 of the Stem Cell Therapeutic and Research Act of 2005 and the inventory goal. Each such plan shall be made available to the public. ``(C) Definition.--In this paragraph, the term `remote collection' means the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection support.''; and (B) in paragraph (3)(A), by striking ``(2)(A)'' and inserting ``(2)(A)(i)''; and (3) by striking subsection (f)(5)(A) and inserting the following: ``(A) require the establishment of a system of strict confidentiality to protect the identity and privacy of patients and donors in accordance with Federal and State law; and''. (c) Additional Reports.-- (1) Interim report.--In addition to the annual report required under section 379(a)(6) of the Public Health Service Act (42 U.S.C. 274k(a)(6)), the Secretary of Health and Human Services (referred to in this subsection as the ``Secretary''), in consultation with the Advisory Council established under such section 379, shall submit to Congress an interim report not later than 180 days after the date of enactment of this Act describing-- (A) the methods to distribute Federal funds to cord blood banks used at the time of submission of the report; (B) how cord blood banks contract with collection sites for the collection of cord blood units; and (C) recommendations for improving the methods to distribute Federal funds described in subparagraph (A) in order to encourage the efficient collection of high- quality and diverse cord blood units. (2) Recommendations.--Not later than 1 year after the date of enactment of this Act, the Advisory Council shall submit recommendations to the Secretary with respect to-- (A) whether models for remote collection of cord blood units should be allowed only with limited, scientifically-justified safety protections; and (B) whether the Secretary should allow for cord blood unit collection from routine deliveries without temperature or humidity monitoring of delivery rooms in hospitals approved by the Joint Commission. (d) Authorization of Appropriations.--Section 379B of the Public Health Service Act (42 U.S.C. 274m) is amended by striking ``$34,000,000'' and all that follows through the period at the end, and inserting ``$30,000,000 for each of fiscal years 2011 through 2014 and $33,000,000 for fiscal year 2015.''. (e) Report on Cord Blood Unit Donation and Collection.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and the Secretary of Health and Human Services a report reviewing studies, demonstration programs, and outreach efforts for the purpose of increasing cord blood unit donation and collection for the National Cord Blood Inventory to ensure a high-quality and genetically diverse inventory of cord blood units. (2) Contents.--The report described in paragraph (1) shall include a review of such studies, demonstration programs, and outreach efforts under section 2 of the Stem Cell Therapeutic and Research Act of 2005 (42 U.S.C. 274k note) (as amended by this Act) and section 379 of the Public Health Service Act (42 U.S.C. 274k) (as amended by this Act), including-- (A) a description of the challenges and barriers to expanding the number of cord blood unit collection sites, including cost, the cash flow requirements and operations of awarding contracts, the methods by which funds are distributed through contracts, the impact of regulatory and administrative requirements, and the capacity of cord blood banks to maintain high-quality units; (B) remote collection or other innovative technological advances that could be used to collect cord blood units; (C) appropriate methods for improving provider education about collecting cord blood units for the national inventory and participation in such collection activities; (D) estimates of the number of cord blood unit collection sites necessary to meet the outstanding national inventory need and the characteristics of such collection sites that would help increase the genetic diversity and enhance the quality of cord blood units collected; (E) best practices for establishing and sustaining partnerships for cord blood unit collection at medical facilities with a high number of minority births; (F) potential and proven incentives to encourage hospitals to become cord blood unit collection sites and partner with cord blood banks participating in the National Cord Blood Inventory under section 2 of the Stem Cell Therapeutic and Research Act of 2005 and to assist cord blood banks in expanding the number of cord blood unit collection sites with which such cord blood banks partner; (G) recommendations about methods cord blood banks and collection sites could use to lower costs and improve efficiency of cord blood unit collection without decreasing the quality of the cord blood units collected; and (H) a description of the methods used prior to the date of enactment of this Act to distribute funds to cord blood banks and recommendations for how to improve such methods to encourage the efficient collection of high-quality and diverse cord blood units, consistent with the requirements of the C.W. Bill Young Cell Transplantation Program and the National Cord Blood Inventory program under section 2 of the Stem Cell Therapeutic and Research Act of 2005. (f) Definition.--In this Act, the term ``remote collection'' has the meaning given such term in section 379(d)(2)(C) of the Public Health Service Act.

Stem Cell Therapeutic and Research Reauthorization Act of 2010 - (Sec. 2) Amends the Stem Cell Therapeutic and Research Act of 2005 to revise provisions related to the National Cord Blood Inventory (the Inventory), including to establish an inventory goal of at least 150,000 new units of cord blood to be made available under the C.W. Bill Young Cell Transplantation Program (the Program). (Currently, the number of units of cord blood is capped at 150,000.) Revises application requirements for cord blood banks participating in the Inventory to require such banks to: (1) make assurances that cord blood units will be available for direct transplantation until it is released for transplantation for a first degree relative; (2) participate in the Program for a period of at least ten years, beginning on the last date on which the recipient receives federal funds under a contract; (3) provide a plan to increase cord blood unit collections at collection sites that exist at the time of application, assist with the establishment of new collection sites, or contract with new collection sites; and (4) annually provide to the Secretary of Health and Human Services (HHS) a plan for, and demonstrate, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations. Revises the requirements for a contract extension to make a qualified cord blood bank eligible for a five-year extension if the bank demonstrates a superior ability to satisfy the requirements of the contract and achieve the overall goals for which the contract was awarded. Redefines the term "first-degree relative" to exclude a parent. Authorizes appropriations for FY2011-FY2015 for the Inventory. Amends the Public Health Service Act to require the Program to support and expand studies and demonstration and outreach projects that focus on: (1) remote collection of cord blood units; and (2) novel approaches or incentives to encourage innovative technological advances that could be used to collect cord blood units. Defines "remote collection" to mean the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection support. Requires the Secretary to: (1) set an annual goal of increasing collections of high quality cord blood units; (2) identify at least one demonstration or outreach project to replicate and expand nationwide, as appropriate; and (3) submit a plan for meeting such goal to the relevant congressional committees if no such project can be identified. Revises privacy requirements to protect the identity and privacy of patients and donors in accordance with federal and state law. Requires the Secretary to submit an interim report to Congress within 180 days of enactment of this Act describing: (1) the methods to distribute federal funds to cord blood banks; (2) how cord blood banks contract with collection sites for the collection of cord blood units; and (3) recommendations for improving the methods to distribute federal funds to encourage the efficient collection of high-quality and diverse cord blood units. Directs the Advisory Council on Blood Stem Cell Transplantation to submit recommendations to the Secretary with respect to remote collection of cord blood units. Authorizes appropriations for FY2011-FY2015 to carry out the Program. Directs the Comptroller General to submit to the relevant congressional committees and the Secretary a report reviewing studies, demonstration programs, and outreach efforts for the purpose of increasing cord blood unit donation and collection for the Inventory to ensure a high-quality and genetically diverse inventory of cord blood units.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act''. SEC. 2. RADIATION SOURCE PROTECTION. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170C. Radiation Source Protection.-- ``a. Task Force on Sealed Source Protection.-- ``(1) Establishment.--There is hereby established a task force on sealed source protection. ``(2) Membership.--The task force shall be headed by the Chairman of the Commission or his designee. Its members shall be the following: ``(A) The Secretary of Homeland Security or his designee. ``(B) The Secretary of Defense or his designee. ``(C) The Secretary of Energy or his designee. ``(D) The Secretary of Transportation or his designee. ``(E) The Attorney General or his designee. ``(F) The Secretary of State or his designee. ``(G) The Director of the Central Intelligence Agency or his designee. ``(H) The Director of the Federal Emergency Management Agency or his designee. ``(I) The Director of the Federal Bureau of Investigation or his designee. ``(3) Duties.-- ``(A) In general.--The task force, in consultation with other State, Federal, and local agencies and members of the public, as appropriate, shall evaluate and provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device. ``(B) Recommendations to congress and the president.--Not later than 180 days after the date of the enactment of this section, and not less than once every 3 years thereafter, the task force shall submit a report to Congress and to the President, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for-- ``(i) the establishment of or modifications to a classification system for sealed sources based on their potential attractiveness to terrorists and the extent of the threat to public health and safety, taking into account sealed source radioactivity levels, dispersability, chemical and material form, for radiopharmaceuticals, the availability of these substances to physicians and patients whose medical treatment relies on them, and other factors as appropriate; ``(ii) the establishment of or modifications to a national system for recovery of sealed sources that have been lost or stolen, taking into account the classification system established under clause (i); ``(iii) the storage of sealed sources not currently in use in a safe and secure manner; ``(iv) the establishment of or modification to a national tracking system for sealed sources, taking into account the classification system established under clause (i); ``(v) the establishment of or modifications to a national system to impose fees to be collected from users of sealed sources, to be refunded when the sealed sources are returned or properly disposed of, or any other method to ensure the return or proper disposal of sealed sources; ``(vi) any modifications to export controls on sealed sources necessary to ensure that foreign recipients of sealed sources are able and willing to control United States-origin sealed sources in the same manner as United States recipients; ``(vii) whether alternative technologies are available that can perform some or all of the functions currently performed by devices that employ sealed sources, and if so, the establishment of appropriate regulations and incentives for the replacement of such devices with alternative technologies in order to reduce the number of sealed sources in the United States; and ``(viii) the creation of or modifications to procedures for improving the security of sealed sources in use, transportation, and storage, which may include periodic Commission audits or inspections to ensure that sealed sources are properly secured and can be fully accounted for, Commission evaluation of security measures, increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees who possess sealed sources, background checks for certain individuals with access to sealed sources, assurances of the physical security of facilities that contain sealed sources, and the screening of shipments to facilities particularly at risk for sabotage of sealed sources to ensure that they do not contain explosives. ``b. Commission Actions.--Not later than 60 days after receipt by Congress and the President of the report required under subsection a.(3)(B), the Commission, in accordance with the recommendations of the task force, shall take any appropriate actions, including commencing revision of its system for licensing sealed sources, and shall take necessary steps to ensure that States that have entered into an agreement under section 274 b. establish compatible programs in a timely manner. ``c. National Academy of Sciences Study.--Not later than 60 days after the date of the enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. The study shall review the current uses for sealed sources, identifying industrial or other processes that utilize sealed sources that could be replaced with economically and technically equivalent (or improved) processes that do not require the use of radioactive materials. The Commission shall transmit the results of the study to Congress within 24 months after the date of the enactment of this section. ``d. Definition.--For purposes of this section, the term `sealed source' means any byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material, except that such term does not include fuel or spent fuel.''. (b) Table of Sections Amendment.--The table of sections of the Atomic Energy Act of 1954 is amended by adding at the end of the items relating to chapter 14 the following new items: ``Sec. 170B. Uranium supply. ``Sec. 170C. Radiation source protection.''.

Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on protection of sealed sources (any byproduct material or special nuclear material, except fuel or spent fuel, encased in a capsule designed to prevent leakage or escape). Requires the task force to: (1) provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device; and (2) report triennially to Congress and to the President on recommended regulatory and legislative changes for specified security enhancements pertaining to sealed sources.

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``alexander creek village recognition ``Sec. 43. ``(a) Recognition of the Village of Alexander Creek.--Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is an eligible Native village under section 11(b)(3). ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `conservation system unit' has the meaning given that term in the Alaska National Interest Lands Conservation Act. ``(3) The term `Alexander Creek' means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. ``(4) The term `property' has the meaning given that term in Public Law 94-204 (43 U.S.C. 1611 note). ``(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h). ``(c) Establishment.--(1) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the `Alexander Creek account'. ``(2) Funds in the Alexander Creek account shall-- ``(A) be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and ``(B) remain available until expended. ``(3)(A) Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. ``(B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. ``(C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: ``(i) Receipt of deposits. ``(ii) Receipt of deposits into escrow when an escrow is required for the sale of property. ``(iii) Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. ``(d) Land Exchange.--The Secretary of the Interior shall enter into negotiations to attempt to conclude, under the authority of section 22(f), a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. ``(e) Amount.--(1) The initial balance of the Alexander Creek account shall be the fair market value of the surface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as depicted on the map entitled `____________' and dated ____________. ``(2) If a conveyance is made to Alexander Creek pursuant to subsection (d), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre determined under subsection (g). ``(f) Subsurface Estate.--The subsurface estate to lands conveyed to Alexander Creek under this section shall be conveyed, without consideration, to the Region. ``(g) Appraisal.--(1)(A) The Secretary shall determine the amount to be deposited into the Alexander Creek account by appraising the fair market value, as of the date of the enactment of this section, of each section selected as a separate parcel and considering that `public interest' use may be the highest and best use of such parcels. ``(B) Alexander Creek shall have the opportunity to present evidence of value to the Secretary. The Secretary shall provide Alexander Creek with a preliminary draft of the appraisal. Alexander Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. ``(2) The Secretary shall forward a certified copy of the appraisal to Alexander Creek. ``(h) Implementation.--(1) Alexander Creek may assign without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, the amount of such assignment shall be added to or made a part of the Region's Property Account in the Treasury established pursuant to section 12(b) of Public Law 94-204, and may be used in the same manner as other funds in that account. ``(2) Upon certification by the Secretary of the Interior of the appraisal completed pursuant to subsection (g), Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received pursuant to this Act. Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. ``(3) Any land conveyed to Alexander Creek pursuant to subsection (e) shall be deemed to be a conveyance pursuant to this Act. ``(i) Treatment of Amounts From Account.--The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.''.

Amends the Alaska Native Claims Settlement Act (ANCSA) Recognizes the village of Alexander Creek located in Alaska as an eligible Native village. Directs the Secretary of the Treasury to establish an Alexander Creek account, the funds of which shall be available to Alexander Creek, Incorporated for bidding on and purchasing property sold at public sale. Directs the Secretary of the Interior (the Secretary) to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska. Requires the: (1) the account's initial balance to be the fair market value of the surface estate of certain deficiency selections made by Alexander Creek; and (2) subsurface estate to the lands conveyed to Alexander Creek to be conveyed to Cook Inlet Region, Incorporated. Deems Alexander Creek, upon certification by the Secretary of the appraisal described in this Act, to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to ANCSA. Declares that such acceptance shall satisfy all claims of Alexander Creek against the United States. Deems any land conveyed to Alexander Creek pursuant to this Act to be a conveyance pursuant to ANCSA.

SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. (a) In General.--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-- (A) from persons other than individual residents of the congressional district involved in excess of 40 percent of the total of contributions accepted; or (B) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000.''. SEC. 3. BAN ON SOFT MONEY. (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: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA REDUCTION. Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3'' and inserting in lieu thereof ``1.5''. SEC. 5. PROHIBITION OF MAILING OF NEWSLETTERS UNDER THE CONGRESSIONAL FRANK. (a) Intent of Congress.--Section 3210(a) of title 39, United States Code, is amended by adding at the end the following new paragraph: ``(8) It is the intent of Congress that a Member of or Member-elect to Congress (other than a Senator or a Senator-elect) may not mail a congressional newsletter as franked mail.''. (b) Exclusion from List of Frankable Mail.--Section 3210(a)(3) of title 39, United States Code, is amended-- (1) in subparagraph (B) by inserting ``subject to paragraph (8),'' before ``the usual and customary''; and (2) in subparagraphs (I) and (J) by striking out ``newsletter or other''. (c) Exclusion Relating to Mass Mailings.--Section 3210(a)(6)(E) of title 39, United States Code, is amended-- (1) in clause (ii) by striking out ``or'' after the semicolon; (2) in clause (iii) by striking out the period and inserting ``; or''; and (3) by adding after clause (iii) the following new clause: ``(iv) of congressional newsletters, to the extent intended by Congress to be nonmailable as franked mail under subsection (a)(8).''. (d) Exclusion Relating to Permissible Forms of Franked Mail.-- Section 3210(c) of title 39, United States Code, is amended by striking out ``subsection (a)(4) and (5) of this section.'' and inserting in lieu thereof ``paragraph (4), (5), or (8) of subsection (a).''. SEC. 6. LENGTHENED NONMAILING PERIOD FOR MASS MAILING BY MEMBERS OF THE HOUSE OF REPRESENTATIVES. Section 3210(a)(6)(A) of title 39, United States Code, is amended-- (1) in clause (i), by inserting after ``60 days'' the following: (180 days in the case of a Member of, or Member- elect to, the House of Representatives)''; and (2) in clause (ii)(II), by striking out ``60 days'' and inserting in lieu thereof ``180 days''. SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''. SEC. 8. DENIAL OF DEDUCTION FOR LOBBYING EXPENSES. (a) Disallowance of Deduction.--Section 162(e) (relating to appearances, etc., with respect to legislation) is amended to read as follows: ``(e) Denial of Deduction for Certain Lobbying and Political Expenditures.-- ``(1) In general.--No deduction shall be allowed under subsection (a) for any amount paid or incurred-- ``(A) in connection with influencing legislation, ``(B) for participation in, or intervention in, any political campaign on behalf of (or in opposition to) any candidate for public office, or ``(C) in connection with any attempt to influence the general public, or segments thereof, with respect to elections. ``(2) Application to dues.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for the portion of dues or other similar amounts (paid by the taxpayer with respect to an organization) which is allocable to the expenditures described in paragraph (1). ``(B) Allocation.-- ``(i) In general.--For purposes of subparagraph (A), expenditures described in paragraph (1) shall be treated as paid out of dues or other similar amounts. ``(ii) Carryover of lobbying expenditures in excess of dues.--For purposes of this paragraph, if expenditures described in paragraph (1) exceed the dues or other similar amounts for any calendar year, such excess shall be treated as expenditures described in paragraph (1) which are paid or incurred by the organization during the following calendar year. ``(3) Influencing legislation.--For purposes of this subsection-- ``(A) In general.--The term `influencing legislation' means-- ``(i) any attempt to influence the general public, or segments thereof, with respect to legislation, and ``(ii) any attempt to influence any legislation through communication with any member or employee of the legislative body, or with any government official or employee who may participate in the formulation of the legislation. ``(B) Exception for certain technical advice.--The term `influencing legislation' shall not include the providing of technical advice or assistance to a governmental body or to a committee or other subdivision thereof in response to a specific written request by such governmental entity to the taxpayer which specifies the nature of the advice or assistance requested. ``(C) Legislation.--The term `legislation' has the meaning given such term by section 4911(e)(2). ``(4) Exception for certain taxpayers.--In the case of any taxpayer engaged in the trade or business of conducting activities described in paragraph (1), paragraph (1) shall not apply to expenditures of the taxpayer in conducting such activities on behalf of another person (but shall apply to payments by such other person to the taxpayer for conducting such activities). ``(5) Cross reference.-- ``For reporting requirements related to this subsection, see section 6050O.'' (b) Reporting Requirements.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050O. RETURNS RELATING TO LOBBYING EXPENDITURES OF CERTAIN ORGANIZATIONS. ``(a) Requirement of Reporting.--Each organization referred to in section 162(e)(2) shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the names and addresses of persons paying dues to the organization, the amount of the dues paid by such person, and the portion of such dues which is nondeductible under section 162(e)(2). ``(b) Statements To Be Furnished to Persons With Respect to Whom Information Is Furnished.--Any organization required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the organization, and ``(2) the dues paid by the person during the calendar year and the portion of such dues which is nondeductible under section 162(e)(2). The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the persons on or before January 31 of the year following the calendar year for which the return under subsection (a) was made and shall be in such form as the Secretary may prescribe by regulations. ``(c) Waiver.--The Secretary may waive the reporting requirements of this section with respect to any organization or class of organizations if the Secretary determines that such reporting is not necessary to carry out the purposes of section 162(e). ``(d) Dues.--For purposes of this section, the term `dues' includes other similar amounts.'' (2) Penalties.-- (A) Returns.--Subparagraph (A) of section 6724(d)(1) (defining information return) is amended by striking ``or'' at the end of clause (xi), by striking the period at the end of the clause (xii) relating to section 4101(d) and inserting a comma, by redesignating the clause (xii) relating to section 338(h)(10) as clause (xiii), by striking the period at the end of clause (xiii) (as so redesignated) and inserting ``, or'', and by adding at the end the following new clause: ``(xiv) section 6050O(a) (relating to information on nondeductible lobbying expenditures).'' (B) Payee statements.--Paragraph (2) of section 6724(d) (defining payee statement) is amended by striking ``or'' at the end of subparagraph (R), by striking the period at the end of subparagraph (S) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(T) section 6050O(b) (relating to returns on nondeductible lobbying expenditures).'' (C) Excessive underreporting.--Section 6721 (relating to failure to file correct information returns) is amended by adding at the end the following new subsection: ``(f) Penalty in Case of Excessive Underreporting on Nondeductible Dues.--If the aggregate amount of nondeductible dues which is reported on the return required to be filed under section 6050O(a) for any calendar year is less than 75 percent of the aggregate amount required to be so reported-- ``(1) subsections (b), (c), and (d) shall not apply, and ``(2) the penalty imposed under subsection (a) shall be equal to the product of-- ``(A) the amount required to be reported which was not so reported, and ``(B) the highest rate of tax imposed by section 11 for taxable years beginning in such calendar year.'' (3) Conforming amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new item: ``Sec. 6050O. Returns relating to lobbying expenditures of certain organizations.'' (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 1993. SEC. 9. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE. (a) In General.--A Member, officer, or employee of the House of Representatives may not perform any travel at the expense of a person who is required to register under section 308 of the Federal Regulation of Lobbying Act (2 U.S.C. 267). (b) Definition.--As used in this section, the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress. SEC. 10. SENSE OF CONGRESS RELATING TO LIMITATION OF TERMS OF REPRESENTATIVES AND SENATORS. It is the sense of Congress that the Constitution should be amended so that no person may serve more than 4 consecutive terms as Representative or two consecutive terms as Senator. SEC. 11. SENSE OF CONGRESS RELATING TO APPLICATION OF GENERALLY APPLICABLE LAWS TO THE CONGRESS. It is the sense of Congress that Congress is not exempt from the laws that it enacts and should govern itself according to the laws that apply to the private sector and the other branches of the Federal Government.

Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives (House) elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Legislative Branch Appropriations Act, 1991 to reduce the House mail allowance formula. Amends Federal law to prohibit newsletter mailings under the congressional franking privilege. Lengthens the nonmailing period for mass mailings by House members. Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. Amends the Internal Revenue Code to deny, with certain exceptions, a deduction for specified lobbying and political expenditures. Establishes membership and dues reporting requirements for related political organizations. Prohibits lobbyist-paid travel by House members, officers, or employees. Expresses the sense of the Congress with respect to: (1) term limitations; and (2) the application of generally applicable laws to the Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Financial Policy Committee For Fair Capital Standards Act''. SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE. (a) Establishment.--There is hereby established an inter-agency committee, to be known as the ``United States Financial Policy Committee'' (hereafter in this Act referred to as the ``Committee''), which shall consist of-- (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision. (b) Purpose.--The purpose of the Committee is to develop uniform United States positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions. (c) Meetings.--The Committee shall meet before any meeting of the Basel Committee on Banking Supervision that is related to, or is expected to involve a discussion of, capital standards and at any other time the Chairperson or any member of the Committee calls for a meeting. (d) Adherence to Committee Position.-- (1) In general.--Each member of the Committee that is a participant on the Basel Committee on Banking Supervision shall adhere to the positions of the Committee in any negotiations of the Basel Committee on Banking Supervision. (2) Lack of uniform position.--If the members of the Committee that are participants on the Basel Committee on Banking Supervision are unable to agree on a uniform position on an issue, the position of the Secretary of the Treasury shall be determinative for purposes of paragraph (1) with respect to such issue. (e) Reports to the Congress.-- (1) Annual report.-- (A) In general.--The Committee shall submit an annual report to the Congress on the proceedings of the Committee during the period covered by the report. (B) Contents of report.--The report shall include-- (i) a brief description of issues that were addressed by the Committee; (ii) a brief description of the uniform positions developed by the Committee with respect to such issues; and (iii) in the case of any issue for which a uniform policy was not agreed to, a brief description of the positions of the parties to the disagreement and an explanation of the reasons why the parties could not reach an agreement. (2) Reports to the congress prior to agreement on any basel accord.-- (A) In general.--No Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) may agree to any proposed recommendation of the Basel Committee on Banking Supervision before the agency submits a report on the proposed recommendation to the Congress. (B) Consultations.--The head of any Federal banking agency that submits a report to the Congress under subparagraph (A) shall consult with the Congress concerning the proposal. (3) Evaluation of new basel capital accord.--The Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act), in consultation with the Secretary of the Treasury, shall evaluate the impact of the revised Capital Accord, taking into account the following factors, and shall include such evaluation in the report: (A) The cost and complexity of the proposal. (B) The impact of the proposal on small, medium, and large financial institutions. (C) The impact of the proposal on real estate markets. (D) The effect of an operational risk capital standard on the resilience of the Nation's financial system and competition. (E) The impact of the proposal on competition between banks and other financial institutions. (F) The need for additional training for supervision and examination personnel. (G) Any comments filed by the public after notice and an opportunity to comment for a period of not less than 60 days. (H) The relative impact of compliance by domestic banks. (f) Administrative Support Services.--Each agency represented on the Committee shall provide such administrative support services as may be necessary for the Committee to carry out its responsibilities under this Act. SEC. 3. REPRESENTATION ON BASEL COMMITTEE ON BANKING SUPERVISION FOR THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION. (a) In General.--Section 912 of the International Lending Supervision Act of 1983 (12 U.S.C. 3911) is amended-- (1) by striking ``sec. 912. As one of the three'' and inserting the following: ``(a) FDIC.--As one of the 4''; and (2) by adding at the end the following new subsection: ``(b) Director of the Office of Thrift Supervision.--As 1 of the 4 Federal bank regulatory and supervisory agencies, the Director of the Office of Thrift Supervision shall be given equal representation with the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland.''. (b) Technical and Conforming Amendment.--The heading for section 912 of the International Lending Supervision Act of 1983 (12 U.S.C. 3911) is amended to read as follows: ``SEC. 912. EQUAL REPRESENTATION FOR THE FDIC AND THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION.''.

United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision. Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions. Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards. Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress. Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord. Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Reduction Act of 2003''. SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES. (a) In General.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Rate Schedule.-- ``If the amount with respect to The tentative tax is: which the tentative tax is to be computed is: Not over $10,000............... 14.4% of such amount. Over $10,000 but not over $20,000. $1,440, plus 16% of the excess of such amount over $10,000 Over $20,000 but not over $40,000. $3,040, plus 17.6% of the excess of such amount over $20,000 Over $40,000 but not over $60,000. $6,560, plus 19.2% of the excess of such amount over $40,000 Over $60,000 but not over $80,000. $10,400, plus 20.8% of the excess of such amount over $60,000 Over $80,000 but not over $100,000. $14,560, plus 22.4% of the excess of such amount over $80,000 Over $100,000 but not over $150,000. $19,040, plus 24% of the excess of such amount over $100,000 Over $150,000 but not over $250,000. $31,040, plus 25.6% of the excess of such amount over $150,000 Over $250,000 but not over $500,000. $56,640, plus 27.2% of the excess of such amount over $250,000 Over $500,000 but not over $750,000. $124,640, plus 29.6% of the excess of such amount over $500,000 Over $750,000 but not over $1,000,000. $198,640, plus 31.2% of the excess of such amount over $750,000 Over $1,000,000 but not over $1,250,000. $276,640, plus 32.8% of the excess of such amount over $1,000,000 Over $1,250,000 but not over $1,500,000. $358,640, plus 34.4% of the excess of such amount over $1,250,000 Over $1,500,000 but not over $2,000,000. $444,640, plus 36% of the excess of such amount over $1,500,000 Over $2,000,000................ $624,640, plus 39.2% of the excess of such amount over $2,000,000''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT. (a) Increase in Unified Credit.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``were the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,000,000.'' (b) Inflation Adjustment.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2003, the $3,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $3,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act.

Estate Tax Reduction Act of 2003 - Amends the Internal Revenue Code to reduce estate taxes and increase the unified credit to $3 million, with an inflation adjustment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Tax Cut Act of 2011''. SEC. 2. TEMPORARY EXTENSION AND EXPANSION OF EMPLOYEE PAYROLL TAX RELIEF. (a) Extension.--Section 601(c) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended by striking ``year 2011'' and inserting ``years 2011 and 2012''. (b) Increased Relief.-- (1) In general.--Subsection (a) of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended-- (A) by inserting ``(9.3 percent for calendar year 2012)'' after ``10.40 percent'' in paragraph (1), and (B) in paragraph (2)-- (i) by striking ``(including'' and inserting ``(3.1 percent in the case of calendar year 2012), including'' after ``4.2 percent'', and (ii) by striking ``Code)'' and inserting ``Code''. (2) Coordination with individual deduction for employment taxes.--Subparagraph (A) of section 601(b)(2) of such Act is amended by inserting ``(66.67 percent for taxable years which begin in 2012)'' after ``59.6 percent''. (c) Technical Amendments.--Paragraph (2) of section 601(b) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended-- (1) by inserting ``of such Code'' after ``164(f)'', (2) by inserting ``of such Code'' after ``1401(a)'' in subparagraph (A), and (3) by inserting ``of such Code'' after ``1401(b)'' in subparagraph (B). SEC. 3. SURTAX ON MILLIONAIRES. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURTAX ON MILLIONAIRES ``Sec. 59B. Surtax on millionaires. ``SEC. 59B. SURTAX ON MILLIONAIRES. ``(a) General Rule.--In the case of a taxpayer other than a corporation for any taxable year beginning after 2012 and before 2022, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 1.9 percent of so much of the modified adjusted gross income of the taxpayer for such taxable year as exceeds the threshold amount. ``(b) Threshold Amount.--For purposes of this section-- ``(1) In general.--The threshold amount is $1,000,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2013, the $1,000,000 amount under paragraph (1) 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, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. ``(3) Married filing separately.--In the case of a married individual filing separately for any taxable year, the threshold amount shall be one-half of the amount otherwise in effect under this subsection for the taxable year. ``(c) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(d) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``part viii. surtax on millionaires.''. (c) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 4. UNWARRANTED UNEMPLOYMENT COMPENSATION. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 56--UNWARRANTED UNEMPLOYMENT COMPENSATION ``Sec. 5895. Unwarranted unemployment compensation. ``SEC. 5895. UNWARRANTED UNEMPLOYMENT COMPENSATION. ``(a) Imposition of Tax.--There is hereby imposed on any taxpayer with adjusted gross income (as defined in section 62) for any taxable year of at least $1,000,000 ($500,000, in the case of a married individual filing a separate return), a tax equal to 50 percent (55 percent in the case of a taxable year beginning in 2011 or 2012) of any unemployment compensation (as defined in section 85(b)) received by such taxpayer in such taxable year. ``(b) Administrative Provisions.--For purposes of the deficiency procedures of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56--Unwarranted Unemployment Compensation''. (c) Tax Not Deductible.--Section 275(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Tax imposed by section 5895.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 5. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR MILLIONAIRES. (a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following: ``(r) Disqualification for Receipt of Assets of at Least $1,000,000.--Any household in which a member receives income or assets with a fair market value of at least $1,000,000 shall, immediately on the receipt of the assets, become ineligible for further participation in the program until the date on which the household meets the income eligibility and allowable financial resources standards under section 5.''. (b) Conforming Amendments.--Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) of section 6''. SEC. 6. GUARANTEE FEES. Subpart A of part 2 of subtitle A of title XIII of the Housing and Community Development Act of 1992 is amended by adding after section 1326 (12 U.S.C. 4546) the following new section: ``SEC. 1327. ENTERPRISE GUARANTEE FEES. ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Guarantee fee.--The term `guarantee fee'-- ``(A) means a fee described in subsection (b); and ``(B) includes-- ``(i) the guaranty fee charged by the Federal National Mortgage Association with respect to mortgage-backed securities; and ``(ii) the management and guarantee fee charged by the Federal Home Loan Mortgage Corporation with respect to participation certificates. ``(2) Average fees.--The term `average fees' means the average contractual fee rate of single-family guaranty arrangements by an enterprise entered into during 2011, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points. Such definition shall be interpreted in a manner consistent with the annual report on guarantee fees by the Federal Housing Finance Agency. ``(b) Increase.-- ``(1) In general.-- ``(A) Phased increase required.--Subject to subsection (c), the Director shall require each enterprise to charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families, consummated after the date of enactment of this section. ``(B) Amount.--The amount of the increase required under this section shall be determined by the Director to appropriately reflect the risk of loss, as well the cost of capital allocated to similar assets held by other fully private regulated financial institutions, but such amount shall be not less than an average increase of 12.5 basis points for each origination year or book year above the average fees imposed in 2011 for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. ``(2) Authority to limit offer of guarantee.--The Director shall prohibit an enterprise from consummating any offer for a guarantee to a lender for mortgage-backed securities, if-- ``(A) the guarantee is inconsistent with the requirements of this section; or ``(B) the risk of loss is allowed to increase, through lowering of the underwriting standards or other means, for the primary purpose of meeting the requirements of this section. ``(3) Deposit in treasury.--Amounts received from fee increases imposed under this section shall be deposited directly into the United States Treasury, and shall be available only to the extent provided in subsequent appropriations Acts. The fees charged pursuant to this section shall not be considered a reimbursement to the Federal Government for the costs or subsidy provided to an enterprise. ``(c) Phase-in.-- ``(1) In general.--The Director may provide for compliance with subsection (b) by allowing each enterprise to increase the guarantee fee charged by the enterprise gradually over the 2- year period beginning on the date of enactment of this section, in a manner sufficient to comply with this section. In determining a schedule for such increases, the Director shall-- ``(A) provide for uniform pricing among lenders; ``(B) provide for adjustments in pricing based on risk levels; and ``(C) take into consideration conditions in financial markets. ``(2) Rule of construction.--Nothing in this subsection shall be interpreted to undermine the minimum increase required by subsection (b). ``(d) Information Collection and Annual Analysis.--The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress-- ``(1) a description of-- ``(A) changes made to up-front fees and annual fees as part of the guarantee fees negotiated with lenders; ``(B) changes to the riskiness of the new borrowers compared to previous origination years or book years; and ``(C) any adjustments required to improve for future origination years or book years, in order to be in complete compliance with subsection (b); and ``(2) an assessment of how the changes in the guarantee fees described in paragraph (1) met the requirements of subsection (b). ``(e) Enforcement.-- ``(1) Required adjustments.--Based on the information from subsection (d) and any other information the Director deems necessary, the Director shall require an enterprise to make adjustments in its guarantee fee in order to be in compliance with subsection (b). ``(2) Noncompliance penalty.--An enterprise that has been found to be out of compliance with subsection (b) for any 2 consecutive years shall be precluded from providing any guarantee for a period, determined by rule of the Director, but in no case less than 1 year. ``(3) Rule of construction.--Nothing in this subsection shall be interpreted as preventing the Director from initiating and implementing an enforcement action against an enterprise, at a time the Director deems necessary, under other existing enforcement authority. ``(f) Expiration.--The provisions of this section shall expire on October 1, 2021.''.

Middle Class Tax Cut Act of 2011 - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2012 the reduction in employment taxes for employees and the self-employed. Increases such reduction from 2% to 3.1% Amends the Internal Revenue Code to impose on individual taxpayers between 2012 and 2022 an additional tax equal to 1.9% of so much of their modified adjusted gross income in excess of $1 million. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest. Imposes a 50% tax (55% for a taxable year beginning in 2011 or 2012) on any unemployment compensation received by a taxpayer with an adjusted gross income of at least $1 million. Denies a tax deduction for the payment of such tax. Amends the Food and Nutrition Act of 2008 to render ineligible for the supplemental nutrition assistance program (SNAP), formerly food stamps, any household in which a member receives income or assets with a fair market value of at least $1 million. Amends the Housing and Community Development Act of 1992 to require until October 1, 2021, a phased increase in the fees charged to mortgage lenders by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to guarantee payment of new mortgage loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2003''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (N), by striking ``and'' after the semicolon; (B) in subparagraph (O), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Annual fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2004-2005, and each year thereafter, prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing not less than the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not that facility is equipped with a fire sprinkler system or another fire safety system, or both. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding academic years for which data are available, of fires and false fire alarms in student housing facilities. ``(C) For each such occurrence described in subparagraph (B), a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols (as defined in local fire codes), rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff, including the percentage of students, faculty, and staff who have participated in such education and training. ``(F) Information concerning fire safety at student fraternities and sororities that are recognized by the institution, including-- ``(i) information reported to the institution under paragraph (4); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities to make building and property owned or controlled by such fraternities or sororities more fire safe. ``(2) Current information to campus community.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection, and each such institution shall make periodic reports to the campus community on such fires and false fire alarms in a manner that will aid the prevention of similar occurrences. ``(3) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(4) Fraternities and sororities.--Each institution participating in any program under this title shall request each fraternity and sorority that is recognized by the institution to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity or sorority, for each building and property owned or controlled by the fraternity or sorority, respectively. ``(5) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(6) Definitions.--In this subsection, the term `campus' has the meaning given the term in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 2 years after the date of enactment of this Act, the Secretary of Education (in this section referred to as the ``Secretary'') shall prepare and submit to Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right-to-Know Act of 2003 - Amends the Higher Education Act of 1965 to require, beginning in academic year 2004-2005, each eligible institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution. Requires such institutions to: (1) record all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information periodically to the campus community in a manner that will aid the prevention of similar occurrences. Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers and Parents at the Table Act''. SEC. 2. VOLUNTEER TEACHER ADVISORY COMMITTEE. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after section 1004 (20 U.S.C. 6304) the following: ``SEC. 1005. VOLUNTEER TEACHER ADVISORY COMMITTEE. ``(a) Findings.--The Congress finds as follows: ``(1) Expert teachers offer an important resource to policymakers as they can bring their expertise and perspective from the classroom to inform policy so that positive outcomes for all students will be maximized. ``(2) State Teachers of the Year represent a valuable resource with a body of expert knowledge and skill about instructional practice, 21st century learning, and school functioning that can be infused into policymaking to promote better outcomes for prekindergarten, elementary, and secondary students. ``(3) State Teachers of the Year have been selected by their communities and States as models of their profession and represent every State in the Nation and every discipline and grade level. ``(b) Establishment.--The Secretary shall establish an advisory committee, to be known as the Volunteer Teacher Advisory Committee (referred to in this section as the `Committee'). ``(c) Duty.--The duty of the Committee shall be to monitor the effects of this Act, on the ground and in classrooms. ``(d) Membership.-- ``(1) In general.--The membership of the Committee shall consist of 10 teachers employed in a public elementary school and 10 teachers employed in a public secondary school who-- ``(A) are past or present finalists or State Teachers of the Year, or are nominated from organizations representing teachers and have demonstrated similar evidence of expertise; ``(B) have experience working with policy development; ``(C) have a demonstrated history of working as a teacher leader in the policy arena; and ``(D) have submitted an application to the Secretary to serve on the Committee. ``(2) List; appointment.--The Secretary shall compile a list of teachers submitting applications under paragraph (1)(D). The members of the Committee shall be appointed as follows: ``(A) The Secretary shall appoint 4 teachers from the list. ``(B) The Majority Leader of the Senate shall appoint 4 teachers from the list. ``(C) The Minority Leader of the Senate shall appoint 4 teachers from the list. ``(D) The Speaker of the House of Representatives shall appoint 4 teachers from the list. ``(E) The Minority Leader of the House of Representatives shall appoint 4 teachers from the list. ``(3) Special requirements.-- ``(A) Finalists or state teachers of the year.--Not less than half of the members of the Committee shall be past or present finalists or State Teachers of the Year. ``(B) Representation requirement.--The members of the Committee shall represent the diversity of the teaching workforce from multiple geographic, grade level, and specialty areas. ``(4) Term.--Each member of the Committee shall serve on the Committee for a 3-year staggered term. ``(e) Annual Report.-- ``(1) In general.--The Committee shall submit to Congress and the Secretary-- ``(A) on an annual basis, a report on the monitoring carried out under subsection (c); and ``(B) on a quarterly basis, updates on such monitoring. ``(2) Contents of report.--The report submitted under paragraph (1) shall include, at a minimum, the following: ``(A) The effects of this Act on the teaching profession. ``(B) The effects of this Act on schools and classrooms. ``(C) The effects of this Act on students, families, and communities. ``(D) Recommendations for strengthening policy and policy implementation in order to meet the goals of the Act. ``(f) Additional Requirements.--The following additional requirements shall apply to the Committee: ``(1) The Committee shall meet in person at least once per year for deliberation, with all travel expenses paid for by the Secretary. ``(2) The Committee shall be available for consultation with officials at the Department and the authorizing Committees of Congress regarding the impact of this Act on students, families, and the teaching profession. ``(g) Definition.--In this section, the term `State Teacher of the Year' means any person who has been recognized as a State Teacher of the Year by the Council of Chief State School Officers. ``(h) Authorization of Funds.--Of the amounts appropriated to, and available at the discretion of, the Secretary for programmatic and administrative expenditures for fiscal years 2017 through 2021, a total of $500,000 shall be used to establish and carry out the functions of the Committee established under this section.''. SEC. 3. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by section 2 of this Act, is further amended by inserting after section 1005 (as added by such section 2) the following: ``SEC. 1006. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE. ``(a) Findings.--The Congress finds the following: ``(1) Parents and families have a major influence on their children's achievement in school and throughout life. ``(2) Parents and family members offer an important resource to policymakers as they provide a unique perspective as consumers of our Nation's public schools. ``(3) All parents and family members--regardless of income, education, or cultural background-- are involved in their child's learning and want their child to reach their fullest potential. ``(b) Establishment.--The Secretary shall establish an advisory committee, to be known as the Volunteer Parents and Families Advisory Committee (referred to in this section as the `Committee'). ``(c) Duties and Focus.--The duty of the Committee shall be to monitor the effects of this Act on children and families, and review and analyze implementation of State and local parent and family engagement policies, school-parent compacts, and other family engagement activities described in section 1116 and part E of title IV. ``(d) Membership.-- ``(1) In general.--The membership of the Committee shall consist of 10 parents or family members of children enrolled in a public elementary school and 10 parents or family members of children enrolled in a public secondary school who-- ``(A) have a demonstrated history of parental involvement and family engagement in schools; and ``(B) have submitted an application to the Secretary to serve on the Committee. ``(2) List; appointment.--The Secretary shall compile a list of parents and family members submitting applications under paragraph (1)(B). The members of the Committee shall be appointed as follows: ``(A) The Secretary shall appoint 4 parents or family members from the list. ``(B) The Majority Leader of the Senate shall appoint 4 parents or family members from the list. ``(C) The Minority Leader of the Senate shall appoint 4 parents or family members from the list. ``(D) The Speaker of the House of Representatives shall appoint 4 parents or family members from the list. ``(E) The Minority Leader of the House of Representatives shall appoint 4 parents or family members from the list. ``(3) Representation requirement.-- ``(A) In general.--The members of the Committee shall represent multiple geographic areas and a diversity of students, and shall include at least one parent or family member representing each of the following student groups: ``(i) Economically disadvantaged students. ``(ii) Students from major racial and ethnic groups. ``(iii) Children with disabilities. ``(iv) English learners. ``(B) Special consideration.--Consideration should also be given to representation of students' gender identity and migrant status in the appointment of members of the Committee. ``(4) Research advisors.--The Secretary may appoint not more than 5 research advisors to the Committee, such as researchers, practitioners or representatives from national nonprofit organizations with expertise in family engagement in education, to make data-driven recommendations regarding family engagement in education metrics. ``(5) Term.--Each member of the Committee shall serve on the Committee for a 3-year staggered term. ``(e) Annual Report.-- ``(1) In general.--The Committee shall submit to Congress and the Secretary-- ``(A) on an annual basis, a report and policy recommendations on the review and analysis carried out under subsection (c); and ``(B) on a quarterly basis, updates on such review and analysis. ``(2) Contents of report.--The report submitted under paragraph (1) shall include, at a minimum, the following: ``(A) The effects of this Act on students, families, and communities. ``(B) The effects of this Act on parental involvement and family engagement in education, including schools and classrooms. ``(C) Direction for State education authorities and local education authorities for implementing written family engagement policies under section 1116 and part E of title IV. ``(D) Recommendations for strengthening policy and policy implementation in order to meet the goals of the Act. ``(f) Definitions.--In this section: ``(1) The term `family engagement' means a shared responsibility of families and schools for student success-- ``(A) in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways and families are committed actively to support their children's learning and development; ``(B) that is continuous from birth through young adulthood; and ``(C) that reinforces learning that takes place in the home, school, and community. ``(2) The term `parental involvement' means the participation of parents or family members in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring-- ``(A) that parents or family members play an integral role in assisting their child's learning; ``(B) that parents or family members are encouraged to be actively involved in their child's education at school; ``(C) that parents or family members are full partners in their child's education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and ``(D) the carrying out of other activities, such as those described in section 1116. ``(g) Authorization of Funds.--Of the amounts appropriated to, and available at the discretion of, the Secretary for programmatic and administrative expenditures for fiscal years 2017 through 2021, a total of $500,000 shall be used to establish and carry out the functions of the Committee established under this section.''.

Teachers and Parents at the Table Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish: (1) a Volunteer Teacher Advisory Committee to monitor the effects of the ESEA in classrooms, and (2) a Volunteer Parents and Families Advisory Committee to monitor the effects of the ESEA on children and families and to review and analyze the implementation of various family engagement activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in the Courtroom Act of 2007''. SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. (a) Definitions.--In this section: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. (b) Authority of Presiding Judge To Allow Media Coverage of Court Proceedings.-- (1) Authority of appellate courts.-- (A) In general.--Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception.--The presiding judge shall not permit any action under subparagraph (A), if-- (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts.-- (A) In general.-- (i) Authority.--Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses.--Except as provided under clause (iii)-- (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness' testimony. (iii) Exception.--The presiding judge shall not permit any action under this subparagraph, if that judge determines the action would constitute a violation of the due process rights of any party. (B) No televising of jurors.--The presiding judge shall not permit the televising of any juror in a trial proceeding. (3) Advisory guidelines.--The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (4) Sunset of district court authority.--The authority under paragraph (2) shall terminate 3 years after the date of the enactment of this Act.

Sunshine in the Courtroom Act of 2007 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop AIDS in Prison Act of 2011''. SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. (a) In General.--The Bureau of Prisons (hereinafter in this Act referred to as the ``Bureau'') shall develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (b) Purpose.--The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/ AIDS infection. (3) To provide comprehensive medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health. (6) To reduce the risk that inmates will transmit HIV/AIDS to other persons in the community following their release from prison. (c) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this policy. (d) Time Limit.--The Bureau shall draft appropriate regulations to implement this policy not later than 1 year after the date of the enactment of this Act. SEC. 3. REQUIREMENTS FOR POLICY. The policy created under section 2 shall do the following: (1) Testing and counseling upon intake.-- (A) Health care personnel shall provide routine HIV testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (Health care personnel need not provide routine HIV testing to an inmate who is transferred to a facility from another facility if the inmate's medical records are transferred with the inmate and indicate that the inmate has been tested previously.) (B) To all inmates admitted to a facility prior to the effective date of this policy, health care personnel shall provide routine HIV testing within no more than 6 months. HIV testing for these inmates may be performed in conjunction with other health services provided to these inmates by health care personnel. (C) All HIV tests under this paragraph shall comply with the opt-out provision. (2) Pre-test and post-test counseling.--Health care personnel shall provide confidential pre-test and post-test counseling to all inmates who are tested for HIV. Counseling may be included with other general health counseling provided to inmates by health care personnel. (3) HIV/AIDS prevention education.-- (A) Health care personnel shall improve HIV/AIDS awareness through frequent educational programs for all inmates. HIV/AIDS educational programs may be provided by community based organizations, local health departments, and inmate peer educators. (B) HIV/AIDS educational materials shall be made available to all inmates at orientation, at health care clinics, at regular educational programs, and prior to release. Both written and audio-visual materials shall be made available to all inmates. (C)(i) The HIV/AIDS educational programs and materials under this paragraph shall include information on-- (I) modes of transmission, including transmission through tattooing, sexual contact, and intravenous drug use; (II) prevention methods; (III) treatment; and (IV) disease progression. (ii) The programs and materials shall be culturally sensitive, written or designed for low literacy levels, available in a variety of languages, and present scientifically accurate information in a clear and understandable manner. (4) HIV testing upon request.-- (A) Health care personnel shall allow inmates to obtain HIV tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV. Health care personnel shall, both orally and in writing, inform inmates, during orientation and periodically throughout incarceration, of their right to obtain HIV tests. (B) Health care personnel shall encourage inmates to request HIV tests if the inmate is sexually active, has been raped, uses intravenous drugs, receives a tattoo, or if the inmate is concerned that the inmate may have been exposed to HIV/AIDS. (C) An inmate's request for an HIV test shall not be considered an indication that the inmate has put him/herself at risk of infection and/or committed a violation of prison rules. (5) HIV testing of pregnant woman.-- (A) Health care personnel shall provide routine HIV testing to all inmates who become pregnant. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (6) Comprehensive treatment.-- (A) Health care personnel shall provide all inmates who test positive for HIV-- (i) timely, comprehensive medical treatment; (ii) confidential counseling on managing their medical condition and preventing its transmission to other persons; and (iii) voluntary partner notification services. (B) Health care provided under this paragraph shall be consistent with current Department of Health and Human Services guidelines and standard medical practice. Health care personnel shall discuss treatment options, the importance of adherence to antiretroviral therapy, and the side effects of medications with inmates receiving treatment. (C) Health care personnel and pharmacy personnel shall ensure that the facility formulary contains all Food and Drug Administration-approved medications necessary to provide comprehensive treatment for inmates living with HIV/AIDS, and that the facility maintains adequate supplies of such medications to meet inmates' medical needs. Health care personnel and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care. (D) Correctional staff, health care personnel, and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications. (7) Protection of confidentiality.-- (A) Health care personnel shall develop and implement procedures to ensure the confidentiality of inmate tests, diagnoses, and treatment. Health care personnel and correctional staff shall receive regular training on the implementation of these procedures. Penalties for violations of inmate confidentiality by health care personnel or correctional staff shall be specified and strictly enforced. (B) HIV testing, counseling, and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (8) Testing, counseling, and referral prior to reentry.-- (A) Health care personnel shall provide routine HIV testing to all inmates no more than 3 months prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.) This requirement may be waived if an inmate's release occurs without sufficient notice to the Bureau to allow health care personnel to perform a routine HIV test and notify the inmate of the results. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (C) To all inmates who test positive for HIV and all inmates who already are known to have HIV/AIDS, health care personnel shall provide-- (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate's individual needs, including voluntary partner notification services and prevention counseling services for people living with HIV/AIDS; and (iii) a 30-day supply of any medically necessary medications the inmate is currently receiving. (9) Opt-out provision.--Inmates shall have the right to refuse routine HIV testing. Inmates shall be informed both orally and in writing of this right. Oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by health care personnel. If an inmate refuses a routine test for HIV, health care personnel shall make a note of the inmate's refusal in the inmate's confidential medical records. However, the inmate's refusal shall not be considered a violation of prison rules or result in disciplinary action. Any reference in this section to the ``opt-out provision'' shall be deemed a reference to the requirement of this paragraph. (10) Exclusion of tests performed under section 4014(b) from the definition of routine hiv testing.--HIV testing of an inmate under section 4014(b) of title 18, United States Code, is not routine HIV testing for the purposes of the opt-out provision. Health care personnel shall document the reason for testing under section 4014(b) of title 18, United States Code, in the inmate's confidential medical records. (11) Timely notification of test results.--Health care personnel shall provide timely notification to inmates of the results of HIV tests. SEC. 4. CHANGES IN EXISTING LAW. (a) Screening in General.--Section 4014(a) of title 18, United States Code, is amended-- (1) by striking ``for a period of 6 months or more''; (2) by striking ``, as appropriate,''; and (3) by striking ``if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management'' and inserting ``unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines.''. (b) Inadmissibility of HIV Test Results in Civil and Criminal Proceedings.--Section 4014(d) of title 18, United States Code, is amended by inserting ``or under the Stop AIDS in Prison Act of 2011'' after ``under this section''. (c) Screening as Part of Routine Screening.--Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: ``Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake.''. SEC. 5. REPORTING REQUIREMENTS. (a) Report on Hepatitis and Other Diseases.--Not later than 1 year after the date of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use. The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this report. (b) Annual Reports.-- (1) Generally.--Not later than 2 years after the date of the enactment of this Act, and then annually thereafter, the Bureau shall report to Congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use. (2) Matters pertaining to various diseases.--Reports under paragraph (1) shall discuss-- (A) the incidence among inmates of HIV/AIDS, hepatitis, and other diseases transmitted through sexual activity and intravenous drug use; and (B) updates on Bureau testing, treatment, and prevention education programs for these diseases. (3) Matters pertaining to hiv/aids only.--Reports under paragraph (1) shall also include-- (A) the number of inmates who tested positive for HIV upon intake; (B) the number of inmates who tested positive prior to reentry; (C) the number of inmates who were not tested prior to reentry because they were released without sufficient notice; (D) the number of inmates who opted-out of taking the test; (E) the number of inmates who were tested under section 4014(b) of title 18, United States Code; and (F) the number of inmates under treatment for HIV/ AIDS. (4) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of reports under paragraph (1).

Stop AIDS in Prison Act of 2011 - Directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to include provisions for: (1) testing of inmates upon intake and counseling; (2) HIV/AIDS prevention education; (3) HIV testing of prisoners annually upon request or upon exposure to HIV; (4) HIV testing of pregnant inmates; (5) comprehensive medical treatment of inmates who test positive for HIV and confidential counseling on managing their medical condition and preventing its transmission to other persons; (6) protection of confidentiality; (7) testing, counseling, and referral prior to reentry into the community; (8) allowing inmates the right to refuse routine HIV testing; (9) excluding as "routine" the testing of an inmate who may have transmitted HIV to any U.S. officer or employee or to any person lawfully present but not incarcerated in a correctional facility; and (10) timely notification of test results. Amends the federal criminal code to: (1) require HIV testing for all federal prison inmates upon intake regardless of length of sentence or risk factors, (2) allow inmates to decline testing prior to release from incarceration, and (3) make HIV testing part of the routine health screening conducted at intake. Requires the Bureau to report on: (1) testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) the incidence among prison inmates of diseases transmitted through sexual activity and intravenous drug use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending and Credit Availability Act of 1993''. SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES. (a) Participation Authority.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(22) Loan guarantees in qualified states.-- ``(A) In general.--The Administration shall, in accordance with the requirements of this paragraph, participate on a guaranteed basis in loans under this subsection to small business concerns in qualified States. ``(B) Guarantee amounts.--In agreements to participate on a guaranteed basis in loans described in subparagraph (A), such participation by the Administration shall be-- ``(i) not less than 90 percent of the balance of the loan outstanding at the time of disbursement, if the loan is not less than $200,000, nor more than $500,000; and ``(ii) not less than 95 percent of the balance of the loan outstanding at the time of disbursement, if the loan is less than $200,000. ``(C) Temporary waiver of guarantee fees.-- ``(i) First 2 fiscal years.--In each of the first 2 fiscal years beginning after the date of the enactment of this paragraph, the Administration shall waive any guarantee fee in connection with a loan described in subparagraph (A). ``(ii) Remaining fiscal years.--In the 3rd, 4th, and 5th fiscal years beginning after the date of the enactment of this paragraph, the Administration may collect a guarantee fee in connection with a loan described in subparagraph (A) in an amount equal to not more than 1 percent of the outstanding balance of the guaranteed amount of the loan. Any such fee shall be payable by the participating lending institution and may be charged to the borrower. ``(D) Retention of fee percentage by lenders.--In order to encourage lending institutions to make loans to small business concerns in qualified States, the Administration shall permit lending institutions to retain, on loans described in subparagraph (A) of $200,000 or less, \1/2\ of any fee to be paid to the Administration under subparagraph (C)(ii). ``(E) Presumption.--For a loan described in subparagraph (A), any reasonable doubt as to the ability of an applicant to repay the loan shall be resolved in favor of the applicant. ``(F) Applicability.--The provisions of this paragraph shall be in effect in each of the first 5 fiscal years beginning after the date of the enactment of this paragraph. For such period, provisions of this section which are inconsistent with this paragraph shall not apply. ``(G) Definitions.--For purposes of this paragraph, the following definitions apply: ``(i) Insured depository institution.--The term `insured depository institution'-- ``(I) has the same meaning as in section 3 of the Federal Deposit Insurance Act; and ``(II) includes an insured credit union, as defined in section 101 of the Federal Credit Union Act. ``(ii) State.--The term `State' means each of the several States and the District of Columbia. ``(iii) Qualified state.--The term `qualified State' means any State in which-- ``(I) during the 12-month period ending on the date of enactment of this paragraph, 1 or more insured depository institutions having combined total assets of not less than $100,000,000 closed due to an inability to meet the demands of depositors; or ``(II) during the 12-month period ending on the date of enactment of this paragraph, 2 or more insured depository institutions having combined total assets of not less than $150,000,000 closed due to an inability to meet the demands of depositors.''.

Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years.

. Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill or continuing resolution for a fiscal year does not become law before the beginning of such fiscal year, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill or continuing resolution for such preceding fiscal year did not become law, then pursuant to this section. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of-- ``(A) the rate of operations provided for in the regular appropriation Act or continuing resolution providing for such project or activity for the preceding fiscal year, or ``(B) in the absence of such an Act or continuing resolution, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill or continuing resolution for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such project or activity for the preceding fiscal year. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or continuing resolution providing for such project or activity for such period becomes law. ``(e) No appropriation is made by reason of subparagraph (B) of subsection (a)(1) for a fiscal year for any project or activity for which there is no authorization of appropriations for such fiscal year. ``(f) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(g) For purposes of this section: ``(1) The term `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(A) Agriculture, rural development, and related agencies programs. ``(B) The Departments of Commerce, Justice, and State, the Judiciary, and related agencies. ``(C) The Department of Defense. ``(D) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(E) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(F) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(G) Energy and water development. ``(H) Foreign assistance and related programs. ``(I) The Department of the Interior and related agencies. ``(J) Military construction. ``(K) The Department of Transportation and related agencies. ``(L) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(M) The legislative branch. ``(2) The term `continuing resolution' means any joint resolution making continuing appropriations for all or part of any fiscal year.''. SEC. 2. CONFORMING AMENDMENT. The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to fiscal years beginning after September 30, 1995.

Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill or continuing resolution for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or (2) if such corresponding appropriation bill or continuing resolution did not become law, then as provided by this Act. Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science for Endangered Species Act Planning Act of 2001''. SEC. 2. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by amending the section heading to read as follows: ``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS.''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) Use of Certain Data.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available, the Secretary, in evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(10) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan in accordance with section 5.''. SEC. 3. PEER REVIEW. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); and ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the species or a similar species or other scientific expertise relevant to the decision of the Secretary under subsection (a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the referees selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. SEC. 4. IMPROVED RECOVERY PLANNING. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) Use of state information.--In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity To Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D) Opportunity to participate in consultations.-- ``(i) In general.--In conducting a consultation under subsection (a)(2), the Secretary shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and the availability of reasonable and prudent alternatives (if a jeopardy opinion is to be issued) that the Federal agency and the person can take to avoid violation of subsection (a)(2); ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including the associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) Explanation.--If reasonable and prudent alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall explain to the person why those alternatives were not included in the opinion. ``(iii) Public access to information.-- Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.

Sound Science for Endangered Species Act Planning Act of 2001 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to: (1) give greater weight to scientific and commercial data that is empirical or that has been field-tested or peer-reviewed in determining that a species is an endangered or threatened species; and (2) promulgate regulations that establish criteria for data to be used as the basis of such a determination.Prohibits the Secretary from determining that a species is endangered or threatened unless the determination is supported by data obtained by observation of the species in the field. Requires the Secretary to accept, acknowledge receipt of, and include in the rulemaking record of such a determination data collected by landowners through observation of the species on the land.Requires the Secretary to publish with the notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan, invite any person to submit such data, and describe the steps for acquiring additional data.Directs the Secretary: (1) to solicit recommendations from the National Academy of Sciences and develop a list of qualified reviewers to participate in independent scientific review actions; (2) before any proposed action becomes final, to appoint from such list three individuals who shall report on the scientific information and analyses on which such action is based; and (3) to include such report in the official record of the proposed action.Requires the Secretary, in consulting with each Federal agency and the affected States to insure that any agency action is not likely to jeopardize any endangered or threatened species or destroy the species' habitat, to: (1) consider information provided by such States; and (2) provide any person who has sought authorization or funding from a Federal agency for an action the opportunity to submit, discuss, and receive information relevant to the draft biological opinion.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Since 1975, title XX of the Social Security Act (42 U.S.C. 1397 et seq.), commonly referred to as the Social Services Block Grant (in this section referred to as ``SSBG''), has authorized funding for social services to ensure that at- risk children and families, the elderly, and physically and mentally disabled individuals remain stable, independent, and economically self sufficient. In 1981, Congress and the Reagan Administration converted SSBG into a block grant designed to give maximum flexibility to States to serve these fundamental purposes. (2) Funds provided under the SSBG focus cost-effective support at the community level that prevents the need for inappropriate institutional care which is more costly for Federal and State programs such as the medicaid, medicare, and the social services disability benefits programs. (3) The SSBG helps to further the goals set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting Temporary Assistance to Needy Families (TANF) and support- related programs such as on-the-job training, child care, transportation, counseling, and other services that facilitate long-term family stability and economic self sufficiency. (4) The SSBG provides essential funding to many States for child welfare services that support the goals of the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) to promote a safe family environment and encourage adoption to move children into stable and permanent families. (5) The SSBG helps promote independent living for vulnerable and low-income elderly individuals by supporting home care services, including home-delivered meals, adult protective services, adult day care, and other essential case management services provided in every State. (6) It is reported that 820,000 older Americans are abused and neglected in this country each year. There are additional concerns about the under reporting of elderly abuse and neglect. The SSBG supports adult protective services that prevent widespread abuse and neglect of older Americans and help more than 651,000 elderly individuals in 31 States. (7) More than 570,000 disabled individuals receive a range of community-based services and supports nationwide. The SSBG provides significant resources to fill the funding gaps in the developmental disabilities system by supporting such services as early intervention and crisis intervention, adult day care, respite care, transportation, employment training, and independent living services in 38 States. (8) The SSBG supports essential mental health and related services to ensure that vulnerable adults and children receive early intervention to prevent more serious and costly mental health crises in the future. Such services include the provision of counseling to almost 400,000 adults and children, case management services for nearly 900,000 families, and the provision of information and referral assistance to more than 1,300,000 individuals. (9) There are nearly 3,000,000 reports of child abuse and neglect each year There are currently over 300,000 children in the American foster care system. The SSBG enables the provision of child protective services to 1,300,000 children, adoption services to over 150,000 children and families, and prevention and intervention services to more than 700,000 families. (10) The SSBG has been eroded by more than $1,000,000,000 over the last 6 years resulting in cuts in services in many States and local communities. (11) Temporary Assistance to Needy Families (TANF) block grants cannot be used to make up cuts to the SSBG because a large percentage of SSBG funds are used for the elderly, disabled, and other populations that are ineligible for TANF funds. (12) The 104th Congress made a commitment to the SSBG in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by authorizing the program at $2,380,000,000 through fiscal year 2002 and returning the authorization for the program to $2,800,000,000 in fiscal year 2003 and each succeeding fiscal year. SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR 2002. (a) In General.--Section 404(d)(2)(B) of the Social Security Act (42 U.S.C. 604(d)(2)(B)) is amended by striking ``4.25'' and inserting ``10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001. SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT. (a) In General.--Section 2003(c) of the Social Security Act (42 U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and inserting the following: ``(10) $1,775,000,000 for the fiscal year 2000; ``(11) $1,725,000,000 for the fiscal year 2001; and ``(12) $2,380,000,000 for the fiscal year 2002 and each succeeding fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2001. SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES. (a) In General.--Section 2006(c) of the Social Security Act (42 U.S.C. 1397e(c)) is amended by adding at the end the following: ``The Secretary shall compile the information submitted by the States and submit that information to Congress on an annual basis.''. (b) Effective Date.--The amendment made by subsection (a) applies to information submitted by States under section 2006 of the Social Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and each fiscal year thereafter.

Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to increase from 4.25 percent to ten percent the amount of TANF funds a State may transfer to carry out State programs under SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) increase the authorization of appropriations for States and territories for FY 2001, 2002, and succeeding fiscal years; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Succession Act of 2005''. SEC. 2. PRESIDENTIAL SUCCESSION. (a) In General.--Section 19(d) of title 3, United States Code, is amended-- (1) in paragraph (1), by inserting ``, Secretary of Homeland Security, Ambassador to the United Nations, Ambassador to Great Britain, Ambassador to Russia, Ambassador to China, Ambassador to France'' after ``Secretary of Veterans Affairs''; (2) in paragraph (2)-- (A) by striking ``acting as'' and inserting ``serving as acting''; and (B) by striking ``but not'' and all that follows through the period and inserting ``or until the disability of the President or Vice President is removed.''; (3) in paragraph (3)-- (A) by striking ``be held to constitute'' and inserting ``not require''; (B) by striking ``act as President'' and inserting ``serve as acting President''; and (C) by adding at the end the following: ``Such individual shall not receive compensation from holding that office during the period that the individual serves as acting President or Vice President under this section, and shall be compensated for that period as provided under subsection (c).''; and (4) by adding at the end the following: ``(4) This subsection shall apply only to such officers that are-- ``(A) eligible to the office of President under the Constitution; ``(B) appointed to an office listed under paragraph (1), by and with the advice and consent of the Senate, prior to the time the powers and duties of the President devolve to such officer under paragraph (1); and ``(C) not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.''. (b) Conforming Amendments.--Section 19 of such title is amended as follows: (1) In subsection (a)-- (A) in paragraph (1), by striking ``act as President'' and inserting ``serve as acting President''; and (B) in paragraph (2), by striking ``acting as President'' and inserting ``serving as acting President''. (2) In subsection (b), by striking ``act as President'' and inserting ``serve as acting President''. (3) In subsection (c)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``acting as President'' and inserting ``serving as acting President'', and (ii) by striking ``continue to act'' and inserting ``continue to serve''; and (B) in paragraphs (1) and (2), by striking ``shall act'' each place it appears and inserting ``shall serve''. (4) In subsection (e)-- (A) in the first sentence, by striking ``(a), (b), and (d)'' and inserting ``(a) and (b)''; and (B) by striking the second sentence. (5) In subsection (f), by striking ``acts as President'' and inserting ``serves as acting President''. SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR INCAPACITY OF NOMINEES. It is the sense of Congress that-- (1) during a Presidential election year, the nominees of each political party for the office of President and Vice President should jointly announce and designate on or before the final day of the convention (or related event) at which they are nominated the individuals for whom the electors of President and Vice President who are pledged to vote for such nominees should give their votes for such offices in the event that such nominees are deceased or permanently incapacitated prior to the date of the meeting of the electors of each State under section 7 of title 3, United States Code; (2) in the event a nominee for President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for Vice President of the same political party is not deceased or permanently incapacitated), the electors of President who are pledged to vote for the nominee should give their votes to the nominee of the same political party for the office of Vice President, and the electors of Vice President who are pledged to vote for the nominee for Vice President should give their votes to the individual designated for such office by the nominees under paragraph (1); (3) in the event a nominee for Vice President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for President of the same political party is not deceased or permanently incapacitated), the electors of Vice President who are pledged to vote for such nominee should give their votes to the individual designated for such office by the nominees under paragraph (1); (4) in the event that both the nominee for President and the nominee for Vice President of the same political party are deceased or permanently incapacitated prior to the date referred to in paragraph (1), the electors of President and Vice President who are pledged to vote for such nominees should vote for the individuals designated for each such office by the nominees under paragraph (1); and (5) political parties should establish rules and procedures consistent with the procedures described in the preceding paragraphs, including procedures to obtain written pledges from electors to vote in the manner described in such paragraphs. SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE SMOOTH TRANSITION OF EXECUTIVE POWER. (a) Findings.--Congress finds that-- (1) members of the Senate, regardless of political party affiliation, agree that the American people deserve a Government that is failsafe and foolproof, and that terrorists should never have the ability to disrupt the operations of the Government; (2) continuity of governmental operations in the wake of a catastrophic terrorist attack remains a pressing issue of national importance before the United States Congress; (3) at a minimum, terrorists should never have the ability, by launching a terrorist attack, to change the political party that is in control of the Government, regardless of which party is in power; (4) whenever control of the White House shall change from one political party to another, the outgoing President and the incoming President should work together, and with the Senate to the extent determined appropriate by the Senate, to ensure a smooth transition of executive power, in the interest of the American people; (5) under the current presidential succession statute in section 19 of title 3, United States Code, the members of the cabinet, defined as the heads of the statutory executive departments under section 101 of title 5, United States Code, fall within the line of succession to the presidency; (6) during previous presidential transition periods, the incoming President has had to serve with cabinet members from the prior administration, including subcabinet officials from the prior administration acting as cabinet members, for at least some period of time; (7) the Constitution vests the appointment power of executive branch officials in the President, by and with the advice and consent of the Senate, and nothing in this resolution is intended to alter either the constitutional power of the President or the constitutional function of the Senate with regard to the confirmation of presidential nominees; (8) an incoming President cannot exercise the constitutional powers of the President, in order to ensure a smooth transition of Government, until noon on the 20th day of January, pursuant to the terms of the twentieth amendment to the Constitution; (9) cooperation between the incoming and the outgoing President is therefore the only way to ensure a smooth transition of Government; (10) Congress throughout history has acted consistently and in a bipartisan fashion to encourage measures to ensure the smooth transition of executive power from one President to another, such as through the enactment of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277) and subsequent amendments; (11) Congress has previously concluded that ``[t]he national interest requires'' that ``the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President . . . be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (12) Congress has further concluded that ``[a]ny disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (13) Congress has previously expressed its intent ``that appropriate actions be authorized and taken to avoid or minimize any disruption'' and ``that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of the President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (14) the National Commission on Terrorist Attacks Upon the United States established under title VI of the Intelligence Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note; Public Law 107-306) expressly recognized the need to ``Improve the Transitions between Administrations'' in its final report; (15) the Commission specifically recommended that, ``[s]ince a catastrophic attack could occur with little or no notice, we should minimize as much as possible the disruption of national security policymaking during the change of administrations by accelerating the process for national security appointments'' and that ``the process could be improved significantly so transitions can work more effectively and allow new officials to assume their new responsibilities as quickly as possible''; (16) the Commission suggested that ``[a] president-elect should submit lists of possible candidates for national security positions to begin obtaining security clearances immediately after the election, so that their background investigations can be complete before January 20'', that ``[a] president-elect should submit the nominations of the entire new national security team, through the level of under secretary of cabinet departments, not later than January 20'', that ``[t]he Senate, in return, should adopt special rules requiring hearings and votes to confirm or reject national security nominees within 30 days of their submission'', and that an outgoing Administration should work cooperatively with an incoming President to ensure a smooth transition, in the interest of national security; and (17) there is no more important national security position than the office of President, and thus it is essential to national security that any new administration establish its own clear and stable line of succession to the presidency as quickly as possible. (b) Sense of Congress.--It is the sense of the Senate that during the period preceding the end of a term of office in which a President will not be serving a succeeding term-- (1) that President should consider submitting the nominations of individuals to the Senate who are selected by the President-elect for offices that fall within the line of succession; (2) the Senate should consider conducting confirmation proceedings and votes on the nominations described under paragraph (1), to the extent determined appropriate by the Senate, between January 3 and January 20 before the Inauguration; and (3) that President should consider agreeing to sign and deliver commissions for all approved nominations on January 20 before the Inauguration to ensure continuity of Government.

Presidential Succession Act of 2005 - Modifies the presidential succession list to include, following the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France. Revises the provision specifying how long an acting President shall serve to provide that an acting President shall continue to serve as such until the expiration of the then current Presidential term or until the disability of the President or Vice-President is removed. Expresses the sense of Congress with respect to: (1) votes by electors after the death or incapacity of nominees; and (2) the continuity of government and the transition of executive power.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Samoa Study Commission Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the islands of Tutuila and Manua, and certain other islands that compose American Samoa, were ceded by the chiefs of the islands to the United States by 2 treaties ratified on April 10, 1900, and July 16, 1904; (2) American Samoa's status as an unorganized and unincorporated territory of the United States, and American Samoa's political relationship to the United States, are not clearly defined in any single document; (3) there is a need for a comprehensive study and review of the historical and legal bases of American Samoa's status and political relationship with the United States, including-- (A) a determination of American Samoa's present political relationship with the United States compared to other relationships such as commonwealth, free association, and covenant; and (B) an examination of whether the treaties of cession created trust obligations to American Samoa on the part of the United States; (4) the economic and social needs of American Samoa are substantially affected by the nature of American Samoa's political status and relationship with the United States; and (5) the need for a comprehensive study also of Swains Island. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``American Samoa Study Commission''. SEC. 4. DUTIES. (a) In General.--It shall be the duty of the Commission-- (1) to study and evaluate all factors that led to American Samoa's historical and present political status and relationship with the United States, including-- (A) the events that led to the cession to the United States of the islands that compose American Samoa; and (B) the constitutions, statutes, treaties, and agreements that affect American Samoa's political status and relationship with the United States; (2) to determine the nature of American Samoa's political status and relationship with the United States compared to relationships such as commonwealth, free association, and covenant, and the extent to which the treaties of cession created trust obligations to American Samoa on the part of the United States; (3) to determine whether a single document is needed to set forth American Samoa's political status and relationship with the United States; and (4) to study and evaluate the impact of American Samoa's political status and relationship with the United States (as determined by the Commission under paragraph (2)) on the economic and social needs of American Samoa and its residents. (b) Consultation.--The Commission shall, to the maximum extent practicable, consult with American Samoans in carrying out the duties of the Commission under subsection (a). SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 5 members appointed as follows: (1) 3 members appointed by the Secretary of the Interior, including-- (A) 1 member appointed from among individuals recommended by the Governor of American Samoa; and (B) 1 member appointed from among individuals recommended by the legislature of the Territorial government of American Samoa. (2) 1 member appointed by the Speaker of the House of Representatives. (3) 1 member appointed by the President of the Senate. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall be paid, to the extent of amounts made available in appropriation Acts, $150 for each day (including travel time) during which the member is engaged in the actual performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Except as provided in subsection (d), members of the Commission who are full-time officers or employees of the United States or the Territorial government of American Samoa may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--3 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. (g) Meetings.-- (1) Initial meeting.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall call the initial meeting of the members of the Commission. (2) Subsequent meetings.--The Chairperson or a majority of the members of the Commission shall call any meeting of the Commission that occurs after the meeting called under paragraph (1). SEC. 6. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director, who shall be appointed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson of the Commission may appoint and fix the pay of personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for GS-16 of the General Schedule. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $150 per day. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and locations, take testimony, and receive evidence as the Commission considers appropriate. (2) Location of certain hearings.-- (A) Required hearings.--The Commission shall conduct at least 1 hearing at any location on each of-- (i) Tutuila; (ii) Ofu; (iii) Olosega; and (iv) Tau. (B) Other hearings.--The Commission may conduct at least 3 separate hearings in the United States at locations where significant numbers of American Samoans reside. (3) Notice.--The Commission shall provide notice to the public of the hearings referred to in paragraphs (1) and (2), including information regarding the date, location, and topic of each meeting, and shall take other actions as the Commission considers necessary to obtain, to the maximum extent practicable, public participation in the hearings. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (c) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Exception.--Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORTS. (a) Draft Report.-- (1) In general.--Not later than the expiration of the 1- year period beginning on the date of the enactment of this Act, the Commission shall prepare and publish a draft report containing the findings, conclusions, and recommendations of the Commission. (2) Distribution.--The Commission shall distribute such report to appropriate Federal and American Samoan agencies and shall make such report available to members of the public upon request. (3) Solicitation of comments.--The Commission shall solicit written comments from the Federal and American Samoan agencies and other persons to which copies of such report are distributed under paragraph (2). (b) Final Report.--Not later than the expiration of the 9-month period beginning on the date of the publication of the report required by subsection (a)(1), the Commission shall submit to the President and the Congress a final report, which shall include-- (1) a detailed statement of the findings and conclusions made by the Commission after consideration of the comments received by the Commission under subsection (a)(3); (2) the recommendations of the Commission for legislative and administrative actions that the Commission determines to be appropriate; and (3) copies of all written comments received by the Commission under subsection (a)(3). SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``American Samoan'' has the meaning given the term ``native American Samoan'' in section 4 of Public Law 100- 571 (16 U.S.C. 410qq-3). (2) The term ``Commission'' means the American Samoa Study Commission established in section 3. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. SEC. 11. TERMINATION. The Commission shall terminate not later than the expiration of the 60-day period beginning on the date on which the Commission submits its final report under section 8.

American Samoa Study Commission Act - Establishes the American Samoa Study Commission which shall: (1) evaluate the history and nature of American Samoa's political relationship with the United States, and determine whether a single document is needed to express such relationship; and (2) evaluate such relationship's economic and social effects on American Samoa. Authorizes appropriations. Terminates the Commission upon submission of a required report.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealth Lobbyist Disclosure Act of 2004''. SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS. (a) In General.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end the following new subsection: ``(m) Disclosure of Certain Lobbying Activities.-- ``(1) In general.--In the case of a coalition or association that is identified as a client on any registration filed under section 4 of the Lobbying Disclosure Act of 1995 and that is not a political organization (determined without regard to this paragraph)-- ``(A) such coalition or association shall be treated for purposes of this title as a separate entity which is a political organization, and ``(B) this section shall be applied to such coalition or association with the following modifications: ``(i) The function of conducting lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995) shall be treated as its exempt function. ``(ii) The specific deduction under subsection (c)(2)(A) shall not be allowed. ``(iii) Subparagraphs (C) and (D) of subsection (c)(3) shall not apply. ``(iv) The disclosure requirements of paragraph (2) shall apply in lieu of the requirements of subsections (i) and (j). For purposes of subparagraph (B)(i), lobbying activities shall not include any activity described in subparagraph (C), (D), or (E) of section 4911(d)(2). ``(2) Disclosure requirements.-- ``(A) Establishment.--A coalition or association which is treated under paragraph (1) as a political organization shall notify the Secretary, electronically and in writing, of its existence. Such notice shall be transmitted not later than 72 hours after a lobbyist first makes a lobbying contact (or, if earlier, is employed or retained to make a lobbying contact) on behalf of such coalition or association. For purposes of the preceding sentence, the terms `lobbyist' and `lobbying contact' have the respective meanings given to such terms by section 3 of the Lobbying Disclosure Act of 1995. ``(B) Change in membership.--A coalition or association which is required to provide a notice to the Secretary under paragraph (1) shall also notify the Secretary, electronically and in writing, of any change in its membership since its prior required notice under this paragraph. Such notice shall be transmitted not later than 72 hours after the date of the membership change. ``(3) Contents of notice.-- ``(A) Initial notice.--Each notice required under paragraph (2)(A) shall include information regarding-- ``(i) the name, address, business telephone number, and principal place of business of each of the members of the coalition or association, ``(ii) a general description of the business or activities of each of such members, and ``(iii) the amount reasonably expected to be contributed by each of such members toward the activities of the coalition or association of influencing legislation. ``(B) Notice of membership change.--Each notice required under paragraph (2)(B) shall include-- ``(i) if the notice relates to a new member of the coalition or association, the information described in subparagraph (A) with respect to such new member, and ``(ii) if the notice relates to the cessation of a person's membership, the name of such person. ``(4) Effect of failure.-- ``(A) In general.--In the case of-- ``(i) a failure to give the notice required under paragraph (2) at the time and in the manner prescribed therefor, or ``(ii) a failure to include any of the information required to be included in such notice or to show the correct information, there shall be paid by the coalition or association an amount equal to the rate of tax specified in subsection (b)(1) multiplied by the amount involved. ``(B) Amount involved.--For purposes of subparagraph (A), the amount involved with respect to any failure is-- ``(i) in the case of a failure to file the notice under paragraph (2)(A) at the time and in the manner prescribed therefor, the amount which is reasonably expected to be paid by the coalition or association or its members to the person filing the registration statement, and ``(ii) in the case of a failure to include any of the information required to be included in such notice, or to show the correct information, with respect to any member, the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation. ``(C) Joint and several liability.--All members of the coalition or association shall be jointly and severally liable under this paragraph for any failure. ``(D) Procedures for assessment and collection of penalty.--For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c). ``(5) Exception for certain tax-exempt associations.--This subsection shall not apply to any association-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), or ``(B)(i) which is described in any other paragraph of section 501(c) and exempt from tax under section 501(a), and ``(ii) which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4 of the Lobbying Disclosure Act of 1995. The preceding sentence shall not apply to any association formed or availed of to avoid the purposes of this subsection. ``(6) Exception from disclosure for certain members.-- ``(A) In general.--Information on a member of a coalition or association need not be included in any notice under paragraph (3) if the amount referred to in paragraph (3)(A)(iii) with respect to such member is less than $2,000 per year. ``(B) Expenditures in excess of expected amount.-- If-- ``(i) information on a member of a coalition or association is not included in any notice by reason of subparagraph (A), and ``(ii) the amount contributed by such member toward the activities of the coalition or association of influencing legislation exceeds $2,200 per year, such member shall be treated for purposes of this subsection as a new member of such coalition or association as of the earliest date that clause (ii) is met. ``(7) Look-thru rules.--In the case of a coalition or association which is treated as a political organization under paragraph (1)-- ``(A) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a political organization under paragraph (1), and ``(B) information on such coalition or association need not be included in any notice under paragraph (2) of the coalition or association with respect to which it is treated as a political organization under paragraph (1).''. (b) Public Disclosure of Notices.-- (1) In general.--Paragraph (1) of section 527(k) of such Code is amended by inserting ``or (m)(2)'' after ``(i)(1)''. (2) Access.--Paragaraph (2) of section 527(k) of such Code is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) The organizations which file a notice under subsection (m).''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act, and (B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act. (2) Special rule.--In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the time to file the notice under section 527(k)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section.

Stealth Lobbyist Disclosure Act of 2004 - Amends the Internal Revenue Code to treat as a tax-exempt political organization for purposes of the disclosure and other requirements applicable to such organizations (with certain modifications) any coalition or association that is identified as a client on any registration filed under the Lobbying Disclosure Act of 1995 and that is not a political organization. Requires any such coalition or association to notify the Secretary of the Treasury of: (1) its existence within 72 hours after one of its lobbyists makes an initial contact; and (2) any change in membership within 72 hours. Requires such notice to include a general description of the business or activities of each member of the coalition or association and the amount reasonably expected to be contributed by each member toward coalition or association activities of influencing legislation. Imposes a penalty tax for failure to give required notices. Exempts from the disclosure requirements imposed by this Act: (1) public charities and other tax-exempt organizations which have substantial exempt activities other than lobbying; and (2) members of a coalition or association who contribute less than $2,000 per year for lobbying activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Empowerment Act of 2013''. SEC. 2. IMPROVED ACCESS TO MEDICATION THERAPY MANAGEMENT UNDER PART D OF THE MEDICARE PROGRAM. Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w- 104(c)(2)) is amended-- (1) in subparagraph (A)(ii)(I), by striking ``have'' and inserting ``subject to subparagraph (H), have''; and (2) by adding at the end the following new subparagraph: ``(H) Expansion of definition of targeted beneficiary the expansion reduces spending.-- ``(i) CMS actuary report.--Not later than January 1, 2014, the Chief Actuary of the Centers for Medicare & Medicaid Services (in this subparagraph referred to as the `Chief Actuary') shall submit to the Secretary and to Congress a report on whether or not the expansion described in clause (ii) would, if implemented, reduce expenditures under this title. If the Chief Actuary determines that such expansion would reduce spending under this title, such report shall include a certification of such determination. ``(ii) Expansion described.--The expansion described in this clause is an expansion of the definition of targeted beneficiary under subparagraph (A)(ii) by applying subclause (I) of such subparagraph as if the following were inserted before the semicolon at the end: `or a single chronic disease that accounts for high spending under this title, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)'. ``(iii) Application if the chief actuary determines that the expansion reduces spending.--If the report under clause (i) contains the certification described in such clause, the following rules shall apply: ``(I) Implementation of expansion.--Subject to subclause (III), effective with respect to plan years beginning on or after January 1, 2015, subparagraph (A)(ii)(I) shall be applied to include the expansion described in clause (ii). ``(II) Updated cms actuary report based on implementation.--Not later than March 1, 2020, the Chief Actuary shall submit to the Secretary and to Congress a report on the implementation of the expansion under subclause (I). Such report shall include an analysis of whether or not such expansion reduces spending under this title. ``(III) Authority to terminate expansion if the expansion does not reduce spending.--If the Chief Actuary determines in the report under subclause (II) that the expansion does not reduce spending under this title, the Secretary may, effective with respect to plan years beginning on or after January 1, 2021, apply subparagraph (A)(ii)(I) as if this subparagraph had never been enacted. In making the determination under the preceding sentence, the Secretary shall take into account whether such expansion improves the quality of care furnished to, and the health outcomes of, individuals eligible for services under a medication therapy management program by reason of such expansion.''.

Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Financial Institutions Tax Relief Act of 2003''. SEC. 2. EXPANSION OF BANK S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code of 1986 (relating to certain trusts permitted as shareholders) is amended by inserting after clause (v) the following new clause: ``(vi) In the case of a corporation which is a bank (as defined in section 581), a trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A, but only to the extent of the stock held by such trust in such bank as of the date of the enactment of this clause.''. (b) Treatment as Shareholder.--Section 1361(c)(2)(B) of such Code (relating to treatment as shareholders) is amended by adding at the end the following new clause: ``(vi) In the case of a trust described in clause (vi) of subparagraph (A), the individual for whose benefit the trust was created shall be treated as a shareholder.''. (c) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d) of such Code (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by adding at the end the following new paragraph: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if such sale is pursuant to an election under section 1362(a).''. (d) Conforming Amendment.--Section 512(e)(1) of such Code is amended by inserting ``1361(c)(2)(A)(vi) or'' before ``1361(c)(6)''. (e) Effective Date.--The amendments made by this section shall apply to trusts which constitute individual retirement accounts on the date of the enactment of this Act. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME TEST FOR BANK S CORPORATIONS. (a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code of 1986 (defining passive investment income) is amended by adding at the end the following: ``(v) Exception for banks; etc.--In the case of a bank (as defined in section 581) or a bank holding company (as defined in section 246A(c)(3)(B)(ii)), the term `passive investment income' shall not include-- ``(I) interest income earned by such bank or bank holding company, or ``(II) dividends on assets required to be held by such bank or bank holding company to conduct a banking business, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150. (a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code of 1986 (defining small business corporation) is amended by striking ``75 shareholders'' and inserting ``150 shareholders''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES. (a) In General.--Section 1361 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Treatment of Qualifying Director Shares.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualifying director shares shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualifying director shares. ``(2) Qualifying director shares defined.--For purposes of this subsection, the term `qualifying director shares' means any shares of stock in a bank (as defined in section 581) or in a bank holding company registered as such with the Federal Reserve System-- ``(i) which are held by an individual solely by reason of status as a director of such bank or company or its controlled subsidiary; and ``(ii) which are subject to an agreement pursuant to which the holder is required to dispose of the shares of stock upon termination of the holder's status as a director at the same price as the individual acquired such shares of stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualifying director shares shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, except as provided in subsection (f),'' before ``which does not''. (2) Section 1366(a) of such Code is amended by adding at the end the following: ``(3) Allocation with respect to qualifying director shares.--The holders of qualifying director shares (as defined in section 1361(f)) shall not, with respect to such shares of stock, be allocated any of the items described in paragraph (1).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 6. RECAPTURE OF BAD DEBT RESERVES. In the case of a bank which makes an S corporation election which first takes effect for a taxable year beginning after December 31, 2003, the entire adjustment required by section 481 of the Internal Revenue Code of 1986 by reason of changing its accounting method for recognizing bad debts from the reserve method under section 585 or 593 of such Code to the charge-off method under section 166 of such Code may be taken into in the year of the change or the preceding taxable year (whichever is elected by the bank). SEC. 7. CLARIFICATION OF 3-YEAR S CORPORATION RULE FOR CORPORATE PREFERENCE ITEMS. (a) In General.--Section 1363(b) of the Internal Revenue Code of 1986 (relating to computation of corporation's taxable income) is amended by adding at the end the following new flush sentence: ``Nothing in the preceding sentence shall be construed to apply section 291 to any taxable year which is more than 3 taxable years after the S corporation (or any predecessor) was a C corporation.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 8. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER. (a) In General.--Paragraph (1) of section 1361(c) of the Internal Revenue Code of 1986 (relating to special rules for applying subsection (b)) is amended to read as follows: ``(1) Members of family treated as 1 shareholder.-- ``(A) In general.--For purpose of subsection (b)(1)(A)-- ``(i) except as provided in clause (ii), a husband and wife (and their estates) shall be treated as 1 shareholder, and ``(ii) in the case of a family with respect to which an election is in effect under subparagraph (E), all members of the family shall be treated as 1 shareholder. ``(B) Members of the family.--For purpose of subparagraph (A)(ii), the term `members of the family' means the common ancestor, lineal descendants of the common ancestor and the spouses (or former spouses) of such lineal descendants or common ancestor. ``(C) Common ancestor.--For purposes of this paragraph, an individual shall not be considered a common ancestor if, as of the later of the effective date of this paragraph or the time the election under section 1362(a) is made, the individual is more than 3 generations removed from the youngest generation of shareholders. ``(D) Effect of adoption, etc.--In determining whether any relationship specified in subparagraph (B) or (C) exists, the rules of section 152(b)(2) shall apply. ``(E) Election.--An election under subparagraph (A)(ii)-- ``(i) must be made with the consent of shareholders (including those that are family members) holding in the aggregate more than one-half of the shares of stock in the corporation on the day the election is made, ``(ii) in the case of-- ``(I) an electing small business trust, shall be made by the trustee of the trust, and ``(II) a qualified subchapter S trust, shall be made by the beneficiary of the trust, ``(iii) under regulations, shall remain in effect until terminated, and ``(iv) shall apply only with respect to 1 family in any corporation.''. (b) Relief From Inadvertent Invalid Election or Termination.-- Section 1362(f) of such Code (relating to inadvertent invalid elections or terminations) is amended-- (1) by inserting ``or under section 1361(c)(1)(A)(ii)'' after ``subsection (a)'' in paragraph (1), and (2) by inserting ``or under section 1361(c)(1)(E)(iii)'' after ``subsection (d)'' in paragraph (1)(B). (c) Effective Dates.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. (2) Subsection (b).--The amendments made by subsection (b) shall apply to elections and terminations made after December 31, 2003. SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED. (a) In General.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by adding at the end the following: ``(g) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock solely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 5(b)(1), is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (2) Section 1366(a) of such Code, as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(g)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 10. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES. (a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned subsidiaries) is amended by inserting ``and in the case of information returns required under part III of subchapter A of chapter 61'' after ``Secretary''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 11. ADJUSTMENT TO BASIS OF S CORPORATION STOCK FOR CERTAIN CHARITABLE CONTRIBUTIONS. (a) In General.--Paragraph (2) of section 1367(a) of the Internal Revenue Code of 1986 (relating to adjustments to basis of stock of shareholders, etc.) is amended by adding at the end the following new flush sentence: ``The decrease under subparagraph (B) by reason of a charitable contribution (as defined in section 170(c)) of property shall be the amount equal to the shareholder's pro rata share of the adjusted basis of such property.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.

Small Business and Financial Institutions Tax Relief Act of 2003 - Amends the Internal Revenue Code to make a trust-individual retirement account (IRA) an eligible bank S corporation shareholder.Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation.Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank.Increases to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment.States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock.Permits a bank which makes an S corporation election to recapture certain bad debt reserves in the year of election or the preceding year.Limits any special rules regarding corporate income preference items to the three years following S corporation election.Treats a husband and wife as one shareholder. Permits, and sets forth criteria for, an election to treat all members of a family as one shareholder.Permits the issuance of qualified preferred stock, which shall not be treated as second class stock. Makes any distribution (not in payment in exchange for stock) made by an S corporation with respect to qualified preferred stock includible as ordinary income of the holder and deductible to the corporation as an expense.Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.Provides for a charitable contribution basis adjustment of S corporation stock based upon the shareholder's pro rata share of adjusted basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capitol Police Retention, Recruitment, and Authorization Act of 2002''. SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION. For fiscal year 2003 and each of the 4 succeeding fiscal years, the Capitol Police Board shall increase the annual rate of basic compensation applicable for officers and members of the Capitol Police for pay periods occurring during such a year by 5 percent, except that in the case of officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed 5 percent). SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED MEMBERS AND EMPLOYEES. The Capitol Police Board may compensate newly-appointed officers, members, and civilian employees of the Capitol Police at an annual rate of basic compensation in excess of the lowest rate of compensation otherwise applicable to the position to which the employee is appointed, except that in no case may such a rate be greater than the maximum annual rate of basic compensation otherwise applicable to the position. SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS. (a) In General.--Section 909(e) of the Emergency Supplemental Act, 2002 (40 U.S.C. 207b-2(e)), is amended-- (1) in the heading, by inserting ``and Officers Holding Other Specialty Assignments'' after ``Officers''; (2) in paragraph (1), by inserting ``or who is assigned to another specialty assignment designated by the chief of the Capitol Police'' after ``field training officer''; and (3) in paragraph (2), by striking ``officer,'' and inserting ``officer or to be assigned to a designated specialty assignment,''. (b) Removal of Cap on Amount.--Section 909(e)(1) of such Act (40 U.S.C. 207b-2(e)(1)) is amended by striking ``(but not to exceed $2,000 per annum)''. SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED BASIS. (a) In General.--Any limits on the amount of premium pay which may be earned by officers and members of the Capitol Police during emergencies (as determined by the Capitol Police Board) shall be applied by the Capitol Police Board on an annual basis and not on a pay period basis. (b) Effective Date.--Subsection (a) shall apply with respect to hours of duty occurring on or after September 11, 2001. SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL LEAVE. The Capitol Police Board shall provide that an officer or member of the Capitol Police who completes 3 years of employment with the Capitol Police (taking into account any period occurring before, on, or after the date of the enactment of this Act) shall receive 8 hours of annual leave per pay period. SEC. 7. ANNUITIES AND PAY OF REEMPLOYED ANNUITANTS SERVING WITH THE CAPITOL POLICE. (a) In General.--Subject to subsection (b), the provisions of sections 8344 and 8468 of title 5, United States Code, shall not apply to any reemployed annuitant performing service as an officer or member of the Capitol Police, and no reemployed annuitant exempted from such provisions by this section shall become subject to any other provision of subchapter III of chapter 83 or of chapter 84 of such title by virtue of any such service. (b) Limitations.--This section shall not apply-- (1) to any individual who-- (A) is receiving an annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, based on a separation from service occurring on or after January 1, 2002; (B) was subject to the provisions of section 8344 or 8468 of such title, at any time before the date of the enactment of this Act in calendar year 2002, while serving as an officer or member of the Capitol Police; or (C) would be 57 years of age or older as of the date of commencing service with the Capitol Police as a reemployed annuitant; or (2) with respect to any service unless performed during the period beginning on the date of the enactment of this Act and ending on September 30, 2004. SEC. 8. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS. (a) Tuition Reimbursement.--The Capitol Police Board shall establish a tuition reimbursement program for officers and members of the Capitol Police who are enrolled in or accepted for enrollment in a degree, certificate, or other program leading to a recognized educational credential at an institution of higher education in a course of study relating to law enforcement. (b) Bonus Payments for Completion of Degree.--The Capitol Police Board may make a one-time bonus payment to any officer or member who participates in the program established under subsection (a) upon the officer's or member's completion of the course of study involved. SEC. 9. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT NEW OFFICERS. The Capitol Police Board may make a one-time bonus payment to any officer, member, or civilian employee of the Capitol Police who recruits another individual to serve as an officer or member of the Capitol Police. SEC. 10. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE. (a) In General.-- (1) Disposal of property.--Any funds from the proceeds of the disposal of property of the Capitol Police shall be deposited in the United States Treasury for credit to the appropriation for ``general expenses'' under the heading ``Capitol Police Board'', or ``security enhancements'' under the heading ``Capitol Police Board''. (2) Compensation.--Any funds for compensation for damage to, or loss of, property of the Capitol Police, including any insurance payment or payment made by an officer or civilian employee of the Capitol Police for such compensation, shall be deposited in the United States Treasury for credit to the appropriation for ``general expenses'' under the heading ``Capitol Police Board''. (3) Reimbursement for services provided to governments.-- Any funds from reimbursement made by another entity of the Federal government or by any State or local government for assistance provided by the Capitol Police shall be deposited in the United States Treasury for credit to the appropriation for ``general expenses'' under the heading ``Capitol Police Board''. (b) Expenditures.--Funds deposited under subsection (a) may be expended by the Capitol Police Board for any authorized purpose and shall remain available until expended. (c) Effective Date.--This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year. SEC. 11. PERMITTING CAPITOL POLICE BOARD TO LEASE FACILITIES AND PROPERTY FOR USE OF CAPITOL POLICE. (a) In General.--The Capitol Police Board may at any time after the date of the enactment of this Act enter into agreements to lease facilities and property for the use of the United States Capitol Police, subject to the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (b) Acquisition of Interim Training Facility.-- (1) In general.--Pursuant to the authority provided under subsection (a), the Capitol Police Board may take such steps as it considers appropriate to secure the use of an interim facility for training for the Capitol Police pending the completion of the permanent law enforcement training facility in Cheltenham, Maryland. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Assistance of Architect of the Capitol.--At the request of the Capitol Police Board, the Architect of the Capitol shall provide such assistance to the Capitol Police Board in entering into lease agreements pursuant to this section (a) as the Board may require, including assistance in negotiating the terms of such agreements. SEC. 12. INCREASE IN NUMBER OF AUTHORIZED POSITIONS. Effective with respect to fiscal year 2002 and each fiscal year thereafter, the total number of full-time equivalent positions of the United States Capitol Police (including positions for members of the Capitol Police and civilian employees) may not exceed 1,981 positions. SEC. 13. TEMPORARY INCREASE IN MANDATORY RETIREMENT AGE. During fiscal years 2003 and 2004, sections 8335(c) and 8425(c) of title 5, United States Code, shall apply as if the reference to ``57 years of age'' in each such section were a reference to ``59 years of age''. SEC. 14. DISPOSAL OF FIREARMS. The disposal of firearms by officers and members of the United States Capitol Police shall be carried out in accordance with regulations promulgated by the Capitol Police Board and approved by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. SEC. 15. USE OF VEHICLES TO TRANSPORT POLICE DOGS. Notwithstanding any other provision of law, an officer of the United States Capitol Police who works with a police dog and who is responsible for the care of the dog during non-working hours may use an official Capitol Police vehicle when the officer is accompanied by the dog to travel between the officer's residence and duty station and to otherwise carry out official duties. SEC. 16. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE. It is the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the chief of the Capitol Police should seek to deploy the human and other resources of the Police in a manner maximizing opportunities for individual officers to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities, and to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness. SEC. 17. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2003 and each succeeding fiscal year such sums as may be necessary to carry out this Act and the amendments made by this Act. SEC. 18. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to pay periods occurring during fiscal year 2003 and each succeeding fiscal year.

Capitol Police Retention, Recruitment, and Authorization Act of 2002 - Requires the Capitol Police Board to increase by five percent the annual rate of basic compensation for officers and members of the Capitol Police, except that for officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed five percent).Authorizes the Board to compensate newly appointed officers, members, and employees at an annual rate exceeding the lowest rate of compensation otherwise applicable.Amends the Emergency Supplemental Act, 2002 to provide additional compensation for each Capitol Police officer assigned to another specialty assignment designated by the Chief of the Capitol Police. Removes the annual cap on such amount.Requires: (1) limits on the amount of premium pay which may be earned by officers and members during emergencies to be applied by the Board on an annual and not pay period basis; and (2) the Board to provide that if an officer or member completes three years of employment he or she shall receive eight hours of annual leave per pay period.Provides, with limitations, that: (1) neither the Federal Civil Service Retirement System nor the Federal Employees Retirement System shall apply to any reemployed annuitant performing service as an officer or member; and (2) such annuitant shall be exempted from the Systems by this Act shall not become subject to them.Requires the Board to establish a tuition reimbursement program to assist officers and members in higher education costs relating to law-enforcement. Authorizes the Board to: (1) pay a one-time bonus to each participant upon completion of the course of study involved and to each officer, member, or civilian employee who recruits a new officer or member; and (2) lease facilities and property for Police use.Limits the total number of full-time equivalent positions (including members and civilian employees) to 1,981.Increases, temporarily, the mandatory retirement age for a member from 57 to 59.Provides for a member's and/or officer's disposal of firearms and use of Capitol Police vehicles to transport police dogs.Expresses the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the Chief should seek to deploy the Police's human and other resources in a manner maximizing opportunities for individual officers: (1) to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities; and (2) to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eightmile Wild and Scenic River Act''. SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) authorized the study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System. (2) The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem. (3) The Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed; (B) these resource values are manifest within the entire watershed; and (C) the watershed as a whole, including its protection, is itself intrinsically important to this designation. (4) The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole. (5) During the study, the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, prepared a comprehensive management plan for the Eightmile River watershed, dated December 8, 2005 (in this section referred to as the ``Eightmile River Watershed Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected lands not owned by the United States. (6) The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan. (7) The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (8) The State of Connecticut General Assembly enacted Public Act 05-18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(_) Eightmile River, Connecticut.--Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows: ``(A) The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river. ``(B) The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (c) Management.--The segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (b) (in this section referred to as the ``Eightmile River'') shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments to the plan as the Secretary of the Interior determines are consistent with this section. The Eightmile River Watershed Management Plan is deemed to satisfy the requirements for a comprehensive management plan required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (d) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan. (e) Cooperative Agreements.--In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate local planning and environmental organizations. All cooperative agreements authorized by this subsection shall be consistent with the Eightmile River Watershed Management Plan and may include provisions for financial or other assistance from the United States. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. (g) Land Management.--The zoning ordinances adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, are deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of that Act, such towns shall be deemed ``villages'' and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segments designated by subsection (b). The authority of the Secretary to acquire lands for the purposes of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner thereof, and shall be subject to the additional criteria set forth in the Eightmile River Watershed Management Plan. (h) Watershed Approach.-- (1) In general.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed. (2) Covered tributaries.--Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b). Passed the House of Representatives July 31, 2007. Attest: LORRAINE C. MILLER, Clerk.

Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system (the system) certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut. Declares that such segments shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments as the Secretary of the Interior determines are consistent with this Act. Deems the Plan to satisfy the requirements for a comprehensive management plan required under the Act. Instructs the Secretary to coordinate management responsibilities regarding the Eightmile River with the Eightmile Coordinating Committee, as specified in the Plan. Allows the Secretary to enter into cooperative agreements for administration and for assistance, advice, and cooperation to plan, protect, and manage river resources with the state of Connecticut, the towns of Salem, Lyme, and East Haddam, and appropriate local planning and environmental organizations. Requires the agreements to be consistent with the Plan and allows provisions for federal assistance. Prohibits the Eightmile River from being administered as part of the National Park System or being subject to related regulations. Deems: (1) the zoning ordinances adopted by the towns, in effect as of December 8, 2005, to satisfy the standards and requirements under the Act regarding the prohibition on federal acquisition of lands by condemnation for inclusion in any wild, scenic, or recreational river area; and (2) such towns to be "villages" for such purposes. Limits the authority of the Secretary to acquire lands for purposes of the Act to acquisition by donation or acquisition with the owner's consent and subjects it to the additional criteria set forth in the Plan. Recognizes specified tributaries of the Eightmile River watershed as integral to the protection and enhancement of the river and watershed. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. SEAFOOD SAFETY. (a) In General.--The Secretary of Commerce shall, in coordination with the Secretary of Health and Human Services and other appropriate Federal agencies, establish a program to strengthen Federal activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of Federal law. (b) Memorandum of Understanding.--The Secretary of Commerce and the Secretary of Health and Human Services shall enter into an agreement within 180 days after enactment of this Act to strengthen cooperation on seafood safety. The agreement shall include provisions for-- (1) cooperative arrangements for examining and testing seafood imports; (2) coordination of inspections of foreign facilities; (3) technical assistance and training of foreign facilities for marine aquaculture, technical assistance for foreign governments concerning United States regulatory requirements, and appropriate information transfer arrangements between the United States and foreign governments; (4) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (5) establishing a system to track shipments of seafood in the distribution chain within the United States; (6) labeling requirements to assure species identity and prevent fraudulent practices; (7) a process by which officers and employees of the National Oceanic and Atmospheric Administration and National Marine Fisheries Service shall be commissioned by the Secretary of Health and Human Services for seafood examinations and investigations conducted under section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381); (8) the sharing of information concerning observed non- compliance with United States food requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; and (9) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that it complies with Federal law. Such laboratories may include Federal, State, and private facilities. The Secretary of commerce shall publish in the Federal Register a list of certified laboratories, and shall update the list, and publish the updated list, no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary of Commerce shall increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. CONTAMINATED SEAFOOD. (a) Refusal of Entry.--The Secretary of Health and Human Services shall issue an order refusing admission into the United States of all imports of seafood or seafood products originating from a country or exporter if the Secretary determines, on the basis of reliable evidence, that shipments of such seafood or seafood products is not likely to meet the requirements of Federal law. (b) Increased Testing.--If the Secretary determines, on the basis of reliable evidence that seafood imports originating from a country may not meet the requirements of Federal law, and determines that there is a lack of adequate certified laboratories to provide for the entry of shipments pursuant to section 3, then the Secretary shall order an increase in the percentage of shipments tested of seafood originating from such country to improve detection of potential violations of such requirements. (c) Allowance of Individual Shipments From Exporting Country or Exporter.--Notwithstanding an order under subsection (a) with respect to seafood originating from a country or exporter, the Secretary may permit individual shipments of seafood originating in that country or from that exporter to be admitted into the United States if-- (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of Federal law; and (2) the Secretary, or an entity commissioned to carry out examinations and investigations under section 702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has inspected the shipment and has found that the shipment meets the requirements of Federal law. (d) Cancellation of Order.--The Secretary shall cancel an order under subsection (a) with respect to seafood exported from a country or exporter if all shipments into the United States under subsection (c) of seafood originating in that country or from that exporter more than 1 year after the date on which the Secretary issued the order have been found, under the procedures described in subsection (c), to meet the requirements of Federal law. If the Secretary determines that an exporter has failed to comply with the requirements of an order under subsection (a), the 1-year period in the preceding sentence shall run from the date of that determination rather than the date on which the order was issued. (e) Reliable Evidence Defined.--In this section, the term ``reliable evidence'' includes-- (1) the detection of failure to meet Federal law requirements under subsection (a) by the Secretary; (2) the detection of all seafood products that fail to meet Federal law requirements by an entity commissioned to carry out examinations and investigations under section 702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a laboratory certified under subsection (c); (3) findings from an inspection team formed under section 6; or (4) the detection by other importing countries of non- compliance of shipments of seafood or seafood products that originate from the exporting country or exporter. (f) Effect.--This section shall be in addition to, and shall have no effect on, the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, seafood products, or any other product. SEC. 6. INSPECTION TEAMS. The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services, shall send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team will assess whether any prohibited drug, practice, or process is being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood. The inspection team shall prepare a report for the Secretary with its findings. The Secretary of Commerce shall cause the report to be published in the Federal Register no later than 90 days after the inspection team makes its final report. The Secretary of Commerce shall notify the country or exporter through appropriate means as to the findings of the report no later than the date on which the report is published in the Federal Register. A country may offer a rebuttal to the assessment within 90 days after publication of the report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2009 through 2013, for purposes of carrying out the provisions of this Act, $15,000,000.

Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding testing, inspections of foreign facilities, technical assistance of foreign facilities, establishing a distribution chain tracking system, and labeling. Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards. Directs the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act, as provided for in appropriations Acts. Directs the Secretary of Health and Human Services to refuse admission of all imports of seafood or seafood products originating from a country or exporter if that Secretary determines the shipments are not likely to meet federal requirements. Allows admittance of individual shipments from that country or exporter on evidence from an inspection or a certified laboratory. Authorizes the Secretary to send inspectors to an originating country or exporter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Evidence Repeal Act of 2000''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) No person physically present in the United States, including its outlying possessions, should be deprived of liberty based on evidence kept secret from that person, including information classified for national security reasons. (2) Removal from the United States can separate a person from the person's family, may expose the person to persecution and torture, and amounts to a severe deprivation of liberty. (3) Use of secret evidence in immigration proceedings deprives the alien of due process rights guaranteed under the United States Constitution and undermines our adversarial system, which relies on cross-examination as an engine of truth-seeking. SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS. (a) Application of Procedures Used under Classified Information Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following new section: ``application of procedures used under classified information procedures act to immigration proceedings ``Sec. 295. (a) Notice of Intended Use of Classified Information.-- ``(1) In general.--In any immigration proceeding in which the Attorney General seeks to use classified information, the Attorney General shall inform the alien and the presiding officer in advance. To the maximum extent practicable, if the Attorney General is initiating such proceeding, the Attorney General shall provide such notice within 15 days after initiating the proceeding. ``(2) Limitation.--The Attorney General may seek to use classified information only in an immigration proceeding in which the alien is alleged to be deportable under section 237(a)(4)(B) or to oppose an application for admission or an application for discretionary relief from removal and only after issuing the following certification: ``(A) Substantially the same information could not reasonably be developed from open sources. ``(B) The Attorney General has informed the classifying agency of its intent to use the classified information in connection with immigration proceedings and has requested such agency to declassify such information as is permitted to be declassified under the President's Executive Order on classification. ``(b) Referral of Classified Matters to District Court.-- ``(1) In general.--In the case of an immigration proceeding in which the Attorney General or the alien moves for a referral under this section to consider matters relating to classified information that may arise in connection with the proceeding, the presiding officer shall forward the petition for review to a Federal district court for the district in which the alien resides or the place where the immigration proceedings are pending, of the use of such information in such proceeding under subsection (c). Any evidence which is the subject of a petition shall not be considered in the immigration proceeding and shall not be examined by the presiding officer, except as provided in paragraph (3). ``(2) Suspension of immigration proceeding.--In the case of an order or review provided for under paragraph (1), the immigration proceeding may be suspended by the presiding officer pending the disposition of such matter by the district court involved (and any appeals related to such matter). ``(3) Submission of summary.--In the case of a referral under paragraph (1)(A), after the application of subsection (c), the district court shall issue an order to the presiding officer at the proceeding indicating any unclassified summary of classified information, and admissions in lieu of disclosure of classified information, that may be used and the conditions of its use at the proceeding. The presiding officer shall determine whether any information approved by the order may be offered at the immigration proceeding. ``(c) Application of CIPA.-- ``(1) In general.--Subject to the succeeding provisions of this section, in the cases described in subsection (b)(1) involving review by a Federal district court of the use of classified information in an immigration proceeding, the provisions of the Classified Information Procedures Act (18 U.S.C. Appendix III) (in this section referred to as `CIPA') shall apply to an alien who is a subject of the immigration proceeding in the same manner as it applies to a defendant in a criminal proceeding subject to CIPA. ``(2) General rules of application.--In applying subsection (a), the following general rules apply: ``(A) Any reference in CIPA to-- ``(i) a criminal defendant or a trial (or pre-trial) proceeding is deemed to be a reference to the alien who is the subject of the immigration proceeding and to the immigration proceeding; ``(ii) an indictment or information at issue is deemed to be a reference to a notice to appear; ``(iii) a dismissal of an indictment or information is deemed a reference to termination of the immigration proceeding against an alien; and ``(iv) a trial court is deemed a reference (in the case of an administrative immigration proceeding) to the presiding officer in such proceeding. ``(B) The provisions of section 2 of CIPA (other than the last sentence) shall not be applied. ``(C) The Attorney General shall prescribe rules establishing procedures for the protection against unauthorized disclosure of classified information in the custody of the Federal non-judicial officials in immigration proceedings. Such rules shall apply instead of the rules described in section 9 of CIPA. ``(D) Section 12 of CIPA shall not be applied to immigration proceedings. ``(E) In lieu of the reports described in section 13 of CIPA, the Attorney General shall report annually and in writing to the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and the House of Representatives on the implementation of this section. Such reports shall include the following information about each case brought under this section: ``(i) The alien's country of citizenship or, if the alien was stateless, the country in which the alien last habitually resided outside of the United States. ``(ii) The alien's immigration status. ``(iii) The immigration benefit for which the alien applied (if any). ``(iv) Whether the Federal district court approved the summary of classified information and the deletions or admissions proffered by the Attorney General. ``(v) Whether the alien was ultimately ordered removed under section 237(a)(4)(B) or was granted or denied admission or the benefit for which the alien applied. ``(d) Disclosure of Exculpatory Evidence.--In any immigration proceeding under this section, the Attorney General shall disclose to the alien information that it would be required to disclose to a defendant in an analogous criminal proceeding under CIPA. ``(e) Construction Concerning Declassification of Information.-- Nothing in this section shall be construed as preventing an alien in an immigration proceeding from seeking access to classified information under section 552 of title 5, United States Code, or, in the case of information which is not disclosed based on section 552(b)(1) of such title, from initiating an action to seek to declassify some or all of the information involved. ``(f) Definitions.--For purposes of this section: ``(1) Immigration proceeding.--The term `immigration proceeding' means any administrative proceeding under this Act. ``(2) Presiding officer.--The term `presiding officer' means, with respect to an immigration proceeding, the administrative or judicial official who is presiding over the immigration proceeding.''. (b) Conforming Amendment.--Title V of the Immigration and Nationality Act (8 U.S.C. 1531-1537) is repealed. (c) Clerical Amendments.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) by inserting after the item relating to section 294 the following new item: ``Sec. 295. Application of procedures used under Classified Information Procedures Act to immigration proceedings.''; and (2) by striking the title heading, and the items, relating to title V. SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION PROCEEDINGS. (a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to read as follows: ``(B) subject to section 295, the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government, and''. (b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by striking the last sentence and inserting the following: ``In meeting the burden of proof under subparagraph (B), subject to section 295, the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents pertaining the alien's admission or presence in the United States.''. SEC. 5. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(f) Aliens' Rights in Bond Proceedings.--Subject to section 295, in proceedings under this section-- ``(1) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings; ``(2) the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government; and ``(3) a complete record shall be kept of all testimony and evidence produced at the proceeding.''. SEC. 6. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE UNITED STATES. Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(c)(1)) is amended to read as follows: ``(1) Removal without further hearing.-- ``(A) In general.--Except in the case of an alien described in subparagraph (B), if an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge shall-- ``(i) order the alien removed, subject to review under paragraph (2); ``(ii) report the order of removal to the Attorney General; and ``(iii) not conduct any further inquiry or hearing until ordered by the Attorney General. ``(B) Excepted aliens described.--An alien described in this subparagraph is an alien who-- ``(i) is a lawful permanent resident; ``(ii) was granted advance parole; ``(iii) was paroled into the United States under section 212(d)(5); or ``(iv) is seeking asylum.''. SEC. 7. TRANSITION. (a) Application to Detainees.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien then detained or whose liberty is otherwise restricted by the Attorney General, on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals or to any court-- (1) provide such alien a copy or transcript of such information, and provide the alien with a redetermination of bond (or a reconsideration of the terms of custody, as the case may be) based on evidence disclosed to the alien and the alien's response to such evidence; (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and-- (A) release such alien if such alien is detained; and (B) cease all restrictions on the liberty of such alien if such restrictions exist, unless detention is warranted solely on the basis of evidence disclosed to the alien; or (3) release such alien. (b) Application to Aliens Seeking Immigration Benefits.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien physically present in the United States whose application for an immigration benefit is or was opposed by the Government on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals, or to any court-- (1) provide such alien a copy or transcript of such information and a reasonable opportunity to respond to such information, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; or (3) grant the application. (c) Termination of Proceedings.--In the case of an alien in immigration proceedings as of the effective date of this Act conducted under title V of the Immigration and Nationality Act-- (1) such proceedings are terminated as of the effective date of this Act without prejudice to the Attorney General or the alien; and (2) the Attorney General may, in his or her discretion, commence de novo removal proceedings within 10 days thereafter under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). SEC. 8. REGULATIONS. The Attorney General shall promulgate regulations, including regulations governing applications for asylum, withholding of deportation or removal, adjustment of status, naturalization, temporary protected status, and relief from deportation, exclusion, or removal to implement this Act not more than 90 days after the effective date of this Act. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens without regard to the date of arrival, admission, entry, or parole into the United States.

Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made. Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act. (Sec. 4) States that an alien in a removal proceeding shall have a reasonable opportunity to examine all evidence, present evidence, and question witnesses, subject to the classified information provisions of this Act. (Current law excludes national security information from disclosure.) (Sec. 5) Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; and (3) have a complete record of the proceeding kept. (Sec. 6) Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) (Sec. 7) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits. (Sec.8) Requires the Attorney General to promulgate implementing regulations within 90 days of the effective date of this Act. (Sec. 9) Makes the amendments of this Act effective upon enactment, and applicable to all aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Workforce Advisory Commission Act of 2003''. SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION. (a) Establishment.--The Comptroller General shall establish a commission to be known as the Health Workforce Advisory Commission (referred to in this Act as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 18 members to be appointed by the Comptroller General not later than 90 days after the date of enactment of this Act, and an ex-officio member who shall serve as the Director of the Commission. (2) Qualifications.--In appointing members to the Commission under paragraph (1), the Comptroller General shall ensure that-- (A) the Commission includes individuals with national recognition for their expertise in health care workforce issues, including workforce forecasting, undergraduate and graduate training, economics, health care and health care systems financing, public health policy, and other fields; (B) the members are geographically representative of the United States and maintain a balance between urban and rural representatives; (C) the members include a representative from the commissioned corps of the Public Health Service; (D) the members represent the spectrum of professions in the current and future healthcare workforce, including physicians, nurses, and other health professionals and personnel, and are skilled in the conduct and interpretation of health workforce measurement, monitoring and analysis, health services, economic, and other workforce related research and technology assessment; (E) at least 25 percent of the members who are health care providers are from rural areas; and (F) a majority of the members are individuals who are not currently primarily involved in the provision or management of health professions education and training programs. (3) Terms and vacancies.-- (A) Terms.--The term of service of the members of the Commission shall be for 3 years except that the Comptroller General shall designate staggered terms for members initially appointed under paragraph (1). (B) Vacancies.--Any member who is appointed to fill a vacancy on the Commission that occurs before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (4) Chairperson.-- (A) Designation.--The Comptroller General shall designate a member of the Commission, at the time of the appointment of such member-- (i) to serve as the Chairperson of the Commission; and (ii) to serve as the Vice Chairperson of the Commission. (B) Term.--A member shall serve as the Chairperson or Vice Chairperson of the Commission under subparagraph (A) for the term of such member. (C) Vacancy.--In the case of a vacancy in the Chairpersonship or Vice Chairpersonship, the Comptroller General shall designate another member to serve for the remainder of the vacant member's term. (c) Duties.--The Commission shall-- (1) review the health workforce policies implemented-- (A) under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395, 1396 et seq.); (B) under titles VII and VIII of the Public Health Service Act (42 U.S.C. 292, 296 et seq.); (C) by the National Institutes of Health; (D) by the Department of Health and Human Services; (E) by the Department of Veterans Affairs; and (F) by other departments and agencies as appropriate; (2) analyze and make recommendations to improve the methods used to measure and monitor the health workforce and the relationship between the number and make up of such personnel and the access of individuals to appropriate health care; (3) review the impact of health workforce policies and other factors on the ability of the health care system to provide optimal medical and health care services; (4) analyze and make recommendations pertaining to Federal incentives (financial, regulatory, and otherwise) and Federal programs that are in place to promote the education of an appropriate number and mix of health professionals to provide access to appropriate health care in the United States; (5) analyze and make recommendations about the appropriate supply and distribution of physicians, nurses, and other health professionals and personnel to achieve a health care system that is safe, effective, patient centered, timely, equitable, and efficient; (6) analyze the role and global implications of internationally trained physicians, nurses, and other health professionals and personnel in the United States health workforce; (7) analyze and make recommendations about achieving appropriate diversity in the United States health workforce; (8) conduct public meetings to discuss health workforce policy issues and help formulate recommendations for Congress and the Secretary of Health and Human Services; (9) in the course of meetings conducted under paragraph (8), consider the results of staff research, presentations by policy experts, and comments from interested parties; (10) make recommendations to Congress concerning health workforce policy issues; (11) not later than April 15, 2004, and each April 15 thereafter, submit a report to Congress containing the results of the reviews conducted under this subsection and the recommendations developed under this subsection; (12) periodically, as determined appropriate by the Commission, submit reports to Congress concerning specific issues that the Commission determines are of high importance; and (13) carry out any other activities determined appropriate by the Secretary of Health and Human Services. (d) Ongoing Duties Concerning Reports and Reviews.-- (1) Commenting on reports.-- (A) Submission to commission.--The Secretary of Health and Human Services shall transmit to the Commission a copy of each report that is submitted by the Secretary to Congress if such report is required by law and relates to health workforce policy. (B) Review.--The Commission shall review a report transmitted under subparagraph (A) and, not later than 6 months after the date on which the report is transmitted, submit to the appropriate committees of Congress written comments concerning such report. Such comments may include such recommendations as the Commission determines appropriate. (2) Agenda and additional reviews.-- (A) In general.--The Commission shall consult periodically with the chairman and ranking members of the appropriate committees of Congress concerning the agenda and progress of the Commission. (B) Additional reviews.--The Commission may from time to time conduct additional reviews and submit additional reports to the appropriate committees of Congress on topics relating to Federal health workforce-related programs and as may be requested by the chairman and ranking members of such committees. (3) Availability of reports.--The Commission shall transmit to the Secretary of Health and Human Services a copy of each report submitted by the Commission under this section and shall make such reports available to the public. (e) Powers of the Commission.-- (1) General powers.--Subject to such review as the Comptroller General determines to be necessary to ensure the efficient administration of the Commission, the Commission may-- (A) employ and fix the compensation of the Executive Director and such other personnel as may be necessary to carry out its duties; (B) seek such assistance and support as may be required in the performance of its duties from appropriate Federal departments and agencies; (C) enter into contracts or make other arrangements as may be necessary for the conduct of the work of the Commission; (D) make advance, progress, and other payments that relate to the work of the Commission; (E) provide transportation and subsistence for personnel who are serving without compensation; and (F) prescribe such rules and regulations at the Commission determined necessary with respect to the internal organization and operation of the Commission. (2) Information.--To carry out its duties under this section, the Commission-- (A) shall have unrestricted access to all deliberations, records, and nonproprietary data maintained by the General Accounting Office; (B) may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out its duties under this section, on a schedule that is agreed upon between the Chairperson and the head of the department or agency involved; (C) shall utilize existing information (published and unpublished) collected and assessed either by the staff of the Commission or under other arrangements; (D) may conduct, or award grants or contracts for the conduct of, original research and experimentation where information available under subparagraphs (A) and (B) is inadequate; (E) may adopt procedures to permit any interested party to submit information to be used by the Commission in making reports and recommendations under this section; and (F) may carry out other activities determined appropriate by the Commission. (f) Administrative Provisions.-- (1) Compensation.--While serving on the business of the Commission a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for under level IV of the Executive Schedule under title 5, United States Code. (2) Meetings.--The Commission shall meet at the call of the Chairperson. (3) Executive director and staff.--The Comptroller General shall appoint an individual to serve as the interim Executive Director of the Commission until the members of the Commission are able to select a permanent Executive Director under subsection (e)(1)(A). (4) Ethical disclosure.--The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. (5) Audits.--The Commission shall be subject to periodic audit by the Comptroller General. (g) Funding.-- (1) Requests.--The Commission shall submit requests for appropriations in the same manner as the Comptroller General submits such requests. Amounts appropriated for the Commission shall be separate from amounts appropriated for the Comptroller General. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this section, $6,000,000 for fiscal year 2004, and such sums as may be necessary for each subsequent fiscal year, of which-- (A) 80 percent of such appropriated amount shall be made available from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i); and (B) 20 percent of such appropriation shall be made available for amounts appropriated to carry out title XIX of such Act (42 U.S.C. 1396 et seq.). (h) Definition.--In this Act, the term ``appropriate committees of Congress'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Health Workforce Advisory Commission Act of 2003 - Directs the Comptroller General to establish a Health Workforce Advisory Commission. Includes among the duties of the Commission: (1) reviewing the impact of Federal health workforce policies and other factors on the ability of the health care system to provide optimal services; (2) analyzing the role and global implications of internationally trained professionals and personnel in the United States workforce; and (3) making recommendations to Congress concerning health workforce policy issues. Specifies duties the Commission shall perform concerning reports and reviews.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``65th Infantry Regiment Commemorative Coin Act''. (b) Findings.--The Congress hereby finds that the brave and gallant soldiers from the Commonwealth of Puerto Rico who comprised the 65th Infantry Regiment of the United States Army deserve a special commemoration and a commemorative coin for their contributions during the Korean conflict for the following reasons: (1) The Puerto Rican soldiers of the 65th Infantry Regiment unselfishly fought, bled, and died for the rights and privileges of all citizens of the United States and the Republic of Korea. (2) 125 soldiers of the United States Army's 65th Infantry Regiment were awarded the Silver Star and 4 received the Distinguished Service Cross for their heroism during the Korean conflict. (3) The 65th Infantry Regiment went to the rescue of the 1st Division of the United States Marine Corps in Hagaru-ri when that division was surrounded by forces of the Peoples Republic of China, provided a safe corridor through which the Marines escaped, and formed a protective rear guard during the retreat to Hungnam. (4) After bitter fighting, and with the forces of the Peoples Republic of China on their heels, the 65th Infantry Regiment was the last regiment to leave the beachhead in the Christmas eve evacuation of Hungnam on December 24, 1950. (5) One night, while the 65th Infantry Regiment was encamped near the command post of the 3d Infantry Division of the United States Army during a rest and recreation leave away from the front lines, the command post of the 3d Infantry Division was attacked by over 1,000 North Korean soldiers who had infiltrated through the front lines without being detected and the 65th Infantry Regiment rallied, attacked, and subsequently destroyed the North Korean force, thereby saving the commanding officer and staff of the 3d Infantry Division from death or capture. (6) For their heroism in battle, the soldiers of the 65th Infantry Division were showered with many accolades but for them perhaps the most significant and meaningful came in the form of a letter from the commander of the United Nations forces in Korea, General of the Army Douglas MacArthur which read in part as follows: ``The Puerto Ricans forming the ranks of the gallant 65th Infantry Division on the battlefields of Korea by valor, determination and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and the Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them.''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of all the Puerto Ricans in the 65th Infantry Regiment of the United States Army who fought in the Korean conflict, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 60,000 1 dollar coins, 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 courage and valor of the Puerto Ricans who served in the 65th Infantry Regiment during the Korean conflict. (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 ``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 Secretary of Veterans Affairs, the National Congress for Puerto Rican Veterans, the Puerto Rican Veterans In Massachusetts Association, the Puerto Rican-American Research Institute, 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) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 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 deposited in the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission in accordance with subsection (b). (b) Use of Proceeds.-- (1) Costs relating to the korean war veterans memorial.-- Except as provided in paragraph (2), amounts deposited in the Korean War Veterans Memorial Fund pursuant to subsection (a) shall be available to the American Battle Monuments Commission for the uses described in section 8(b) of Public Law 101-495. (2) Ceremony for the 65th regiment.--The American Battle Monuments Commission shall use such amount of the surcharges from the sale of coins issued as the Commission determines to be necessary and appropriate, after consulting with the National Congress for Puerto Rican Veterans, the Puerto Rican Veterans In Massachusetts Association, and the Puerto Rican- American Research Institute, to conduct a ceremony at the Korean War Veterans Memorial commemorating the Puerto Ricans comprising the 65th Infantry Regiment of the United States Army for their service and contributions during the Korean conflict. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the American Battle Monuments Commission 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.

65th Infantry Regiment Commemorative Coin Act - Instructs the Secretary of the Treasury issue one-dollar silver coins emblematic of all the Puerto Ricans in the 65th Infantry Regiment of the U.S. Army who fought in the Korean conflict. Mandates deposit of sales surcharges in the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission.

SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND STATISTICS. (a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and harassment,'' after ``violence''. (b) State Application.--Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended-- (1) in paragraph (9)-- (A) in subparagraph (C), by striking ``and'' at the end; and (B) by adding at the end the following: ``(E) the incidence and prevalence of reported incidents of bullying and harassment; and ``(F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents;''; (2) in paragraph (18), by striking ``and'' at the end; (3) in paragraph (19), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement.''. (c) Local Educational Agency Program Application.--Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended-- (1) in paragraph (2)(B)(i)-- (A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma; (B) in subclause (I), by striking ``and'' at the end; and (C) by adding at the end the following: ``(III) performance indicators for bullying and harassment prevention programs and activities; and''; and (2) in paragraph (7)-- (A) in subparagraph (A), by inserting ``, including bullying and harassment'' after ``disorderly conduct''; (B) in subparagraph (D), by striking ``and'' at the end; and (C) by adding at the end the following: ``(F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and ``(G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including-- ``(i) the name of the school or district officials who are designated as responsible for receiving such complaints; and ``(ii) timelines that the school or district will follow in the resolution of such complaints;''. (d) Authorized Activities.--Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (vi), by striking ``and'' at the end; (B) in clause (vii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(viii) teach students about the consequences of bullying and harassment.''; and (2) in subparagraph (E), by adding at the end the following: ``(xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur.''. (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C. 7116(a)(2)(B)) is amended by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132) is amended-- (1) in subsection (a)(2), by striking ``and school violence'' and inserting ``school violence, including bullying and harassment,''; and (2) in the first sentence of subsection (b), by inserting ``, including bullying and harassment,'' after ``drug use and violence''. (g) Definitions.-- (1) Drug and violence prevention.--Paragraph (3)(B) of section 4151 of such Act (20 U.S.C. 7151) is amended by inserting ``, bullying, and other harassment'' after ``sexual harassment and abuse''. (2) Protective factor, buffer, or asset.--Paragraph (6) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (3) Risk factor.--Paragraph (7) of such section is amended by inserting ``, including bullying and harassment'' after ``violent behavior''. (4) Bullying, harassment, and violence.--Such section is further amended by adding at the end the following: ``(12) Bullying.--The term `bullying' means conduct, including conduct that is based on a student's actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that-- ``(A) is directed at one or more students; ``(B) substantially interferes with educational opportunities or educational programs of such students; and ``(C) adversely affects the ability of a student to participate in or benefit from the school's educational programs or activities by placing a student in reasonable fear of physical harm. ``(13) Harassment.--The term `harassment' means conduct, including conduct that is based on a student's actual or perceived identity with regard to race, color, national origin, gender, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that-- ``(A) is directed at one or more students; ``(B) substantially interferes with educational opportunities or educational programs of such students; and ``(C) adversely affects the ability of a student to participate in or benefit from the school's educational programs or activities because the conduct as reasonably perceived by the student is so severe, pervasive, and objectively offensive. ``(14) Violence.--The term `violence' includes bullying and harassment.''. (h) Effect on Other Laws.-- (1) Amendment.--The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``SEC. 4156. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.''. (2) Clerical amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following: ``Sec. 4156. Effect on other laws.''.

Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act''. SEC. 2. RADIATION SOURCE PROTECTION. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170C. Radiation Source Protection.-- ``a. Task Force on Sealed Source Protection.-- ``(1) Establishment.--There is hereby established a task force on sealed source protection. ``(2) Membership.--The task force shall be headed by the Chairman of the Commission or his designee. Its members shall be the following: ``(A) The Secretary of Defense or his designee. ``(B) The Secretary of Transportation or his designee. ``(C) The Attorney General or his designee. ``(D) The Secretary of State or his designee. ``(E) The Director of the Central Intelligence Agency or his designee. ``(F) The Director of the Federal Emergency Management Agency or his designee. ``(G) The Director of the Federal Bureau of Investigation or his designee. ``(H) The Homeland Security Officer or his designee. ``(3) Duties.-- ``(A) In general.--The task force, in consultation with other State, Federal, and local agencies and members of the public, as appropriate, shall evaluate and provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device. ``(B) Recommendations to congress and the president.--Not later than 180 days after the date of the enactment of this section, and not less than once every 3 years thereafter, the task force shall submit a report to Congress and to the President, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for-- ``(i) the establishment of or modifications to a classification system for sealed sources based on their potential attractiveness to terrorists and the extent of the threat to public health and safety, taking into account sealed source radioactivity levels, dispersability, chemical and material form, and other factors as appropriate; ``(ii) the establishment of or modifications to a national system for recovery of sealed sources that have been lost or stolen, taking into account the classification system established under clause (i); ``(iii) the storage of sealed sources not currently in use in a safe and secure manner; ``(iv) the establishment of or modification to a national tracking system for sealed sources, taking into account the classification system established under clause (i); ``(v) the establishment of or modifications to a national system to impose fees to be collected from users of sealed sources, to be refunded when the sealed sources are returned or properly disposed of, or any other method to ensure the return or proper disposal of sealed sources; ``(vi) any modifications to export controls on sealed sources necessary to ensure that foreign recipients of sealed sources are able and willing to control United States-origin sealed sources in the same manner as United States recipients; ``(vii) whether alternative technologies are available that can perform some or all of the functions currently performed by devices that employ sealed sources, and if so, the establishment of appropriate regulations and incentives for the replacement of such devices with alternative technologies in order to reduce the number of sealed sources in the United States; and ``(viii) the creation of or modifications to procedures for improving the security of sealed sources in use, transportation, and storage, which may include periodic Commission audits or inspections to ensure that sealed sources are properly secured and can be fully accounted for, Commission evaluation of security measures, increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees who possess sealed sources, background checks for certain individuals with access to sealed sources, assurances of the physical security of facilities that contain sealed sources, and the screening of shipments to facilities particularly at risk for sabotage of sealed sources to ensure that they do not contain explosives. ``b. Commission Actions.--Not later than 60 days after receipt by Congress and the President of the report required under subsection a.(3)(B), the Commission, in accordance with the recommendations of the task force, shall take any appropriate actions, including commencing revision of its system for licensing sealed sources, and shall take necessary steps to ensure that States that have entered into an agreement under section 274 b. establish compatible programs in a timely manner. ``c. National Academy of Sciences Study.--Not later than 60 days after the date of the enactment of this section, the Commission shall enter into an arrangement with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. The study shall review the current uses for sealed sources, identifying industrial or other processes that utilize sealed sources that could be replaced with economically and technically equivalent (or improved) processes that do not require the use of radioactive materials. The Commission shall transmit the results of the study to Congress within 24 months after the date of the enactment of this section. ``d. Definition.--For purposes of this section, the term `sealed source' means any byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material, except that such term does not include fuel or spent fuel.''. (b) Table of Sections Amendment.--The table of sections of the Atomic Energy Act of 1954 is amended by adding at the end of the items relating to chapter 14 the following new items: ``Sec. 170B. Uranium supply. ``Sec. 170C. Radiation source protection.''.

Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source protection (byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material).Requires the task force to evaluate and make recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device.Directs the Nuclear Regulatory Commission to arrange with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Charging Advancement Reform Act'' or as the ``E-Car Act''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR RECHARGING PROPERTY. (a) In General.--Section 30C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 30C. ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the cost of any qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to all qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year at a location shall not exceed-- ``(1) in the case of a property of a character subject to an allowance for depreciation, the greater of-- ``(A) $100,000, or ``(B) $10,000 multiplied by the number of devices placed in service at the location by the taxpayer during the taxable year, and ``(2) $2,000 in any other case. ``(c) Qualified Electric Vehicle Recharging Property.--For purposes of this section, the term `qualified electric vehicle recharging property' means any property (not including a building) if-- ``(1) such property is-- ``(A) of a character subject to the allowance for depreciation, or ``(B) installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, ``(2) the original use of such property begins with the taxpayer, and ``(3) such property is for the recharging of motor vehicles propelled by electricity (including property relating to providing electricity for such recharging or otherwise necessary for such recharging property). ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 25D and 30D) and section 27 for the taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Basis reduction.--The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) Property used by tax-exempt entity.--In the case of any qualified electric vehicle recharging property the use of which is described in paragraph (3) or (4) of section 50(b) (including use by an Indian tribal government) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). ``(3) Property used outside united states not qualified.-- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(5) Recapture rules.--Rules similar to the rules of section 179A(e)(4) shall apply. ``(6) Device.--For the purposes of subsection (b)(1), the term `device' means an individual item of property, whether a stand-alone item or part of property that includes multiple devices, which functions to recharge one vehicle at a time. ``(7) Joint ownership of qualified electric vehicle recharging property.-- ``(A) In general.--Any qualified electric vehicle recharging property shall not fail to be treated as such property solely because such property is placed in service with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any qualified electric vehicle recharging property which is placed in service with respect to 2 or more dwelling units, this section (other than this subparagraph) shall be applied separately with respect to the portion of such property attributable to each such dwelling unit. ``(f) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2017.''. (b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 30C''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2013. (2) Preservation of last year of credit for hydrogen refueling property.--So much of the amendment made by subsection (a) as relates to the repeal of section 30C of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) shall apply to property placed in service after December 31, 2014.

Electric Charging Advancement Reform Act or the E-Car Act - Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging of motor vehicles propelled by electricity. Terminates such credit after December 31, 2017.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girl Scouts USA Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Girl Scouts of the United States of America is the world's preeminent organization dedicated solely to girls, building character and skills for success in the real world; (2) in 1911, Juliette Gordon Low met Sir Robert Baden- Powell, a war hero and the founder of the Boy Scouts of America; (3) with Baden-Powell's help and encouragement, Juliette Gordon Low made plans to start a similar association for American girls; (4) on March 12, 1912, Juliette Gordon Low organized the first 2 Girl Scout Troops in Savannah, Georgia consisting of 18 members; (5) Low devoted the next 15 years of her life to building the organization, which would become the largest voluntary association for women and girls in the United States; (6) Low drafted the Girl Scout laws, supervised the writing of the first handbook in 1913, and provided most of the financial support for the organization during its early years; (7) the Girl Scouts of the United States of America was chartered by the United States Congress in 1950, in section 80301 of title 36, United States Code; (8) today there are more than 3,700,000 members in 236,000 troops throughout the United States and United States territories; (9) through membership in the World Association of Girl Guides and Girl Scouts, Girls Scouts of the United States of America is part of a worldwide family of 10,000,000 girls and adults in 145 countries; (10) more than 50,000,000 American women enjoyed Girl Scouting during their childhood, and that number continues to grow as Girl Scouts of the United States of America continues to inspire, challenge, and empower girls everywhere; and (11) March 12, 2012 will mark the 100th Anniversary of the establishment of the Girl Scouts of the United States of America. SEC. 3. 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 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America, 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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the establishment of the Girl Scouts of the United States of America. (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 ``2011''; 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 Girl Scouts of the United States of America and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage 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.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2011. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 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 minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins minted under this Act shall be paid to the Girl Scouts of the United States of America for efforts involved in marking the Centennial of its establishment, which may include efforts to preserve the birthplace of Juliette Gordon Low. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Girl Scouts of the United States of America as may be related to the expenditure of amounts paid under subsection (b).

Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America. Requires the coin design to be emblematic of such centennial. Requires such coins to be issued in uncirculated and proof qualities, from only one U.S. Mint facility. Declares the sense of Congress that such facility should be the U.S. Mint at West Point, New York, to the greatest extent possible. Authorizes the Secretary to issue such coins only during calendar 2011. Applies a $10 per coin surcharge to all coin sales. Requires all surcharges received to be paid to the Girl Scouts of the United States of America for efforts involved in marking it centennial, which may include efforts to preserve the birthplace of founder Juliette Gordon Low.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007''. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT. (a) In General.--Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ``of approximately twenty thousand acres generally depicted on the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve' numbered 90,000B and dated April 1978,'' and inserting ``generally depicted on the map entitled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered _____, and dated ________,''. (b) Acquisition of Land.--Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Within the'' and all that follows through the first sentence and inserting the following: ``(a) In General.-- ``(1) Barataria preserve unit.-- ``(A) In general.--The Secretary may acquire any land, water, and interests in land and water within the area, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(i) In general.--Any private land located in the area, as depicted on the map described in section 901, may be acquired by the Secretary only with the consent of the owner of the land. ``(ii) Boundary adjustment.--On the date on which the Secretary, under subparagraph (A), completes the acquisition of a parcel of private land located in the area, as depicted on the map described in section 901, the boundary of the historical park and preserve shall be adjusted to reflect the acquisition. ``(iii) Jurisdiction of national park service.--Any Federal land acquired in the areas shall be transferred without consideration to the administrative jurisdiction of the National Park Service. ``(iv) Easements.--To ensure adequate hurricane protection of communities located in the area, any land in the area identified on the map that is acquired or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.''; (B) in the second sentence, by striking ``The Secretary may also'' and inserting the following: ``(2) French quarter.--The Secretary may''; (C) in the third sentence, by striking ``Lands, waters, and interests therein'' and inserting the following: ``(3) Acquisition of state land.--Land, water, and interests in land and water''; and (D) in the fourth sentence, by striking ``In acquiring'' and inserting the following: ``(4) Acquisition of oil and gas rights.--In acquiring''; (2) by striking subsections (b) through (f) and inserting the following: ``(b) Resource Protection.--With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect-- ``(1) fresh water drainage patterns; ``(2) vegetative cover; ``(3) the integrity of ecological and biological systems; and ``(4) water and air quality.''; and (3) by redesignating subsection (g) as subsection (c). (c) Hunting, Fishing, and Trapping.--Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ``, except that within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he'' and inserting ``on land, and interests in land and water managed by the Secretary, except that the Secretary''. (d) Administration.--Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended-- (1) by striking the first sentence; and (2) in the second sentence, by striking ``Pending such establishment and thereafter the'' and inserting ``The''. SEC. 3. REFERENCES IN LAW. (a) In General.--Any reference in a law (including regulations), map, document, paper, or other record of the United States-- (1) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or (2) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (b) Conforming Amendments.--Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- (1) by striking ``Barataria Marsh Unit'' each place it appears and inserting ``Barataria Preserve Unit''; and (2) by striking ``Jean Lafitte National Historical Park'' each place it appears and inserting ``Jean Lafitte National Historical Park and Preserve''.

Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007 - Amends the National Parks and Recreation Act of 1978 to adjust the boundary of the the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in Louisiana and to acquire land necessary for the adjustment by transfer or exchange from a federal agency or, from a land owner, by donation or purchase (but only with an owner's consent). Subjects any acquired or transferred land in the area to any easements that have been agreed to by the Secretary and the Secretary of the Army in order to ensure adequate hurricane protection of the communities located in the area. Revises provisions concerning hunting, fishing, and trapping.

SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. (a) In General.--This Act may be cited as the ``Clean Water Infrastructure Financing Act of 1999''. (b) Amendment of Federal Water Pollution Control Act.--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 Federal Water Pollution Control Act (33 U.S.C. 1251-1387). SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218'' and inserting ``211''. (b) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is amended by adding at the end the following new subsection: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of the enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of the enactment of this subsection, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist small systems in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. ``(3) Small system defined.--For purposes of this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and which serves a population of 20,000 or less.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following: ``(A) Construction of a publicly owned treatment works. ``(B) Implementation of lake protection programs and projects under section 314. ``(C) Implementation of a management program under section 319. ``(D) Implementation of a conservation and management plan under section 320. ``(E) Restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights. ``(F) Implementation of measures to improve the efficiency of public water use. ``(G) Development and implementation of plans by a public recipient to prevent water pollution. ``(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.''. (b) Extended Repayment Period for Disadvantaged Communities.-- Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A) by inserting after ``20 years'' the following: ``or, in the case of a disadvantaged community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B) by striking ``not later than 20 years after project completion'' and inserting ``upon the expiration of the term of the loan''. (c) Loan Guarantees for Innovative Technology.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as follows: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies.''. (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or $400,000 per year or \1/2\ percent per year of the current valuation of such fund, whichever is greater, plus the amount of any fees collected by the State for such purpose under subsection (c)(2)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations; except that such amounts shall not exceed 2 percent of all grant awards to such fund under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from its water pollution control revolving fund with respect to a project for construction of a publicly owned treatment works only if such project is on the State's priority list under section 216 of this Act without regard to the rank of such project on the State's priority list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Interest Rates.--Section 603 is amended by adding at the end the following: ``(i) Interest Rates.--In any case in which a State makes a loan pursuant to subsection (d)(1) to a disadvantaged community, the State may charge a negative interest rate of not to exceed 2 percent to reduce the unpaid principal of the loan. The aggregate amount of all such negative interest rate loans the State makes in a fiscal year shall not exceed 20 percent of the aggregate amount of all loans made by the State from its revolving loan fund in such fiscal year. ``(j) Disadvantaged Community Defined.--In this section, the term `disadvantaged community' means the service area of a publicly owned treatment works with respect to which the average annual residential sewage treatment charges for a user of the treatment works meet affordability criteria established by the State in which the treatment works is located (after providing for public review and comment) in accordance with guidelines to be established by the Administrator, in cooperation with the States.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$3,000,000,000 for each of fiscal years 2000 through 2004.''.

Clean Water Infrastructure Financing Act of 1999 - Amends the Federal Water Pollution Control Act to provide that capitalization grants to States for the establishment of water pollution control revolving funds ( revolving funds) shall be for providing assistance to accomplish the purposes of such Act. (Currently, such grants are provided for assistance for specific purposes.) Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements. Directs the Administrator of the Environmental Protection Agency to assist states in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires amounts available to revolving funds to be used only for providing assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted. Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems. Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage. Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities. Reauthorizes appropriations for FY 2000 through 2004 for the revolving fund program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Commercialization Act of 1998''. SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject to section 209 of title 35, United States Code, may grant a license to an invention which is federally owned, for which a patent application was filed before the granting of the license, and directly within the scope of the work under the agreement,'' after ``under the agreement,''. SEC. 3. LICENSING FEDERALLY OWNED INVENTIONS. (a) Amendment.--Section 209 of title 35, United States Code, is amended to read as follows: ``Sec. 209. Licensing federally owned inventions ``(a) Authority.--A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention under section 207(a)(2) only if-- ``(1) granting the license is a reasonable and necessary incentive to-- ``(A) call forth the investment capital and expenditures needed to bring the invention to practical application; or ``(B) otherwise promote the invention's utilization by the public; ``(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by the applicant's intentions, plans, and ability to bring the invention to practical application or otherwise promote the invention's utilization by the public, and that the proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical utilization, as proposed by the applicant, or otherwise to promote the invention's utilization by the public; ``(3) the applicant makes a commitment to achieve practical utilization of the invention within a reasonable time, which time may be extended by the agency upon the applicant's request and the applicant's demonstration that the refusal of such extension would be unreasonable; ``(4) granting the license will not tend to substantially lessen competition or create or maintain a violation of the Federal antitrust laws; and ``(5) in the case of an invention covered by a foreign patent application or patent, the interests of the Federal Government or United States industry in foreign commerce will be enhanced. ``(b) Manufacture in United States.--A Federal agency shall normally grant a license under section 207(a)(2) to use or sell any federally owned invention in the United States only to a licensee who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States. ``(c) Small Business.--First preference for the granting of any exclusive or partially exclusive licenses under section 207(a)(2) shall be given to small business firms having equal or greater likelihood as other applicants to bring the invention to practical application within a reasonable time. ``(d) Terms and Conditions.--Any licenses granted under section 207(a)(2) shall contain such terms and conditions as the granting agency considers appropriate. Such terms and conditions shall include provisions-- ``(1) retaining a nontransferrable, irrevocable, paid-up license for any Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the Government of the United States; ``(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but only to the extent necessary to enable the Federal agency to determine whether the terms of the license are being complied with; and ``(3) empowering the Federal agency to terminate the license in whole or in part if the agency determines that-- ``(A) the licensee is not executing its commitment to achieve practical utilization of the invention, including commitments contained in any plan submitted in support of its request for a license, and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical utilization of the invention; ``(B) the licensee is in breach of an agreement described in subsection (b); ``(C) termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license, and such requirements are not reasonably satisfied by the licensee; or ``(D) the licensee has been found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection with its performance under the license agreement. ``(e) Public Notice.--No exclusive or partially exclusive license may be granted under section 207(a)(2) unless public notice of the intention to grant an exclusive or partially exclusive license on a federally owned invention has been provided in an appropriate manner at least 15 days before the license is granted, and the Federal agency has considered all comments received before the end of the comment period in response to that public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research and development agreement entered into under section 12 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). ``(f) Plan.--No Federal agency shall grant any license under a patent or patent application on a federally owned invention unless the person requesting the license has supplied the agency with a plan for development and/or marketing of the invention, except that any such plan may be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5 of the United States Code.''. (b) Conforming Amendment.--The item relating to section 209 in the table of sections for chapter 18 of title 35, United States Code, is amended to read as follows: ``209. Licensing federally owned inventions.''. SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT. Chapter 18 of title 35, United States Code (popularly known as the ``Bayh-Dole Act''), is amended-- (1) by amending section 202(e) to read as follows: ``(e) In any case when a Federal employee is a coinventor of any invention made with a nonprofit organization or small business firm, the Federal agency employing such coinventor may, for the purpose of consolidating rights in the invention and if it finds that it would expedite the development of the invention-- ``(1) license or assign whatever rights it may acquire in the subject invention to the nonprofit organization or small business firm in accordance with the provisions of this chapter; or ``(2) acquire any rights in the subject invention from the nonprofit organization or small business firm, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under this chapter is conditioned on such acquisition.''; and (2) in section 207(a)-- (A) by striking ``patent applications, patents, or other forms of protection obtained'' and inserting ``inventions'' in paragraph (2); and (B) by inserting ``, including acquiring rights for the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention'' after ``or through contract'' in paragraph (3). SEC. 5. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980. The Stevenson-Wydler Technology Innovation Act of 1980 is amended-- (1) in section 4(4) (15 U.S.C. 3703(4)), by striking ``section 6 or section 8'' and inserting ``section 7 or 9''; (2) in section 4(6) (15 U.S.C. 3703(6)), by striking ``section 6 or section 8'' and inserting ``section 7 or 9''; (3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by striking ``State of local governments'' and inserting ``State or local governments''; (4) in section 9 (15 U.S.C. 3707), by-- (A) striking ``section 6(a)'' and inserting ``section 7(a)''; (B) striking ``section 6(b)'' and inserting ``section 7(b)''; and (C) striking ``section 6(c)(3)'' and inserting ``section 7(c)(3)''; (5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking ``in cooperation with Federal Laboratories'' and inserting ``in cooperation with Federal laboratories''; (6) in section 11(i) (15 U.S.C. 3710(i)), by striking ``a gift under the section'' and inserting ``a gift under this section''; (7) in section 14 (15 U.S.C. 3710c)-- (A) in subsection (a)(1)(A)(i), by inserting ``, if the inventor's or coinventor's rights are assigned to the United States'' after ``inventor or coinventors''; (B) in subsection (a)(1)(B), by striking ``succeeding fiscal year'' and inserting ``2 succeeding fiscal years''; and (C) in subsection (b)(2), by striking ``inventon'' and inserting ``invention''; and (8) in section 22 (15 U.S.C. 3714), by striking ``sections 11, 12, and 13'' and inserting ''sections 12, 13, and 14''. SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES. (a) Review.--Within 90 days after the date of the enactment of this Act, each Federal agency with a Federally funded laboratory that has in effect on that date of enactment one or more cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) shall report to the Committee on National Security of the National Science and Technology Council and the Congress on the general policies and procedures used by that agency to gather and consider the views of other agencies on-- (1) joint work statements under section 12(c)(5)(C) or (D) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)(C) or (D)); or (2) in the case of laboratories described in section 12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and development agreements under such section 12, with respect to major proposed cooperative research and development agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness. (b) Procedures.--Within one year after the date of the enactment of this Act, the Committee on National Security of the National Science and Technology Council, in conjunction with relevant Federal agencies and national laboratories, shall-- (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to cooperative research and development agreements described in subsection (a); and (2) establish and distribute to appropriate Federal agencies-- (A) specific criteria to indicate the necessity for gathering and considering the views of other agencies on joint work statements or cooperative research and development agreements as described in subsection (a); and (B) additional procedures, if any, for carrying out such gathering and considering of agency views with respect to cooperative research and development agreements described in subsection (a). Procedures established under this subsection shall be designed to the extent possible to use or modify existing procedures, to minimize burdens on Federal agencies, to encourage industrial partnerships with national laboratories, and to minimize delay in the approval or disapproval of joint work statements and cooperative research and development agreements. (c) Limitation.--Nothing in this Act, nor any procedures established under this section shall provide to the Office of Science and Technology Policy, the National Science and Technology Council, or any Federal agency the authority to disapprove a cooperative research and development agreement or joint work statement, under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), of another Federal agency. SEC. 7. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PARTNERSHIP INTERMEDIARIES. Section 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) is amended-- (1) in subsection (a)(1) by inserting ``, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code'' after ``small business firms''; and (2) in subsection (c) by inserting ``, institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section 2194 of title 10, United States Code,'' after ``small business firms''. SEC. 8. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF BIOTECHNOLOGY PATENTS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the General Accounting Office, in consultation with the United States Patent and Trademark Office, shall conduct a study and submit a report to Congress on the potential risks to the United States biotechnology industry relating to biological deposits in support of biotechnology patents. (b) Contents.--The study conducted under this section shall include-- (1) an examination of the risk of export and the risk of third-party transfer of biological deposits, and the risks posed by the change to 18-month publication requirements; (2) an analysis of comparative legal and regulatory regimes; and (3) any related recommendations. (c) Consideration of Report.--In drafting regulations affecting biological deposits (including any modification of 37 Code of Federal Regulations 1.801 et seq.), the United States Patent and Trademark Office shall consider the recommendations of the study conducted under this section. SEC. 9. PROVISIONAL APPLICATIONS. (a) Abandonment.--Section 111(b)(5) of title 35, United States Code, is amended to read as follows: ``(5) Abandonment.--Notwithstanding the absence of a claim, upon timely request and as prescribed by the Commissioner, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) of this title, if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.''. (b) Technical Amendment Relating to Weekends and Holidays.--Section 119(e) of title 35, United States Code, is amended by adding at the end the following: ``(3) If the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the period of pendency of the provisional application shall be extended to the next succeeding secular or business day.''. (c) Effective Date.--The amendments made by this section shall apply to a provisional application filed on or after June 8, 1995. Passed the House of Representatives October 20, 1998. Attest: Clerk.

Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to revise requirements regarding enumerated authority under a cooperative research and development (R&D) agreement to permit Government laboratories to grant licenses to federally owned inventions for which a patent application was filed before the granting of the license, and directly within the scope of work under such agreement. (Sec. 3) Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received; and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention. Exempts from these requirements the licensing of any inventions made under an R&D agreement. (Sec. 4) Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to Government acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Act relating to, among other things, the distribution of royalties received by Federal agencies. (Sec. 6) Requires each Federal agency with a federally funded laboratory that has one or more R&D agreements under the Stevenson-Wydler Act to report to the Committee on National Security of the National Science and Technology Council (Committee) and the Congress on the general policies and procedures that agency uses to gather and consider the views of other agencies on joint work statements, or R&D agreements in the case of certain laboratories, with respect to major proposed R&D agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness. Directs the Committee to: (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to R&D agreements; and (2) establish and distribute to appropriate Federal agencies specific criteria to indicate the necessity for gathering and considering agency views on such statements or agreements, as well as additional procedures, if any, for carrying out such gathering and considering. Amends the Stevenson-Wydler Act to provide for increased flexibility for Federal laboratory partnership intermediaries. Directs the General Accounting Office to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the U.S. Patent and Trademark Office to consider the recommendations of such study in drafting regulations affecting biological deposits. Revises Federal patent law to authorize, upon timely request, the treatment of a provisional application as a written application, notwithstanding the absence of a claim. Applies current statutory abandonment treatment to a provisional application 12 months after the application filing date only if such a request is not made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Message Preservation Act''. SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES. (a) Requirement for Preservation of Electronic Messages.-- (1) In general.--Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2911. Electronic messages ``(a) Regulations Required.--Not later than 18 months after the date of the enactment of this section, the Archivist shall promulgate regulations governing agency preservation of electronic messages that are records. Such regulations shall, at a minimum-- ``(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33 of this title; ``(2) require that such electronic records are readily accessible for retrieval through electronic searches; ``(3) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2); ``(4) establish a process to certify that Federal agencies' electronic records management systems meet the functional requirements established under paragraph (3); and ``(5) include timelines for agency compliance with the regulations that ensure compliance as expeditiously as practicable but not later than four years after the date of the enactment of this section. ``(b) Coverage of Other Electronic Records.--To the extent practicable, the regulations promulgated under subsection (a) shall also include requirements for the capture, management, and preservation of other electronic records. ``(c) Compliance by Federal Agencies.--Each Federal agency shall comply with the regulations promulgated under subsection (a). ``(d) Review of Regulations Required.--The Archivist shall periodically review and, as necessary, amend the regulations promulgated under this section. ``(e) Reports on Implementation of Regulations.-- ``(1) Agency report to archivist.--Not later than four years after the date of the enactment of this section, the head of each Federal agency shall submit to the Archivist a report on the agency's compliance with the regulations promulgated under this section. ``(2) Archivist report to congress.--Not later than 90 days after receipt of all reports required by paragraph (1), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under this section.''. (2) Clerical amendment.--The table of sections for chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2910 the following new item: ``2911. Electronic messages.''. (b) Definitions.--Section 2901 of title 44, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(16) the term `electronic messages' means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and ``(17) the term `electronic records management system' means software designed to manage electronic records, including by-- ``(A) categorizing and locating records; ``(B) ensuring that records are retained as long as necessary; ``(C) identifying records that are due for disposition; and ``(D) ensuring the storage, retrieval, and disposition of records.''. SEC. 3. PRESIDENTIAL RECORDS. (a) Additional Regulations Relating to Presidential Records.-- (1) In general.--Section 2206 of title 44, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following: ``(5) provisions for establishing standards necessary for the economical and efficient management of electronic Presidential records during the President's term of office, including-- ``(A) records management controls necessary for the capture, management, and preservation of electronic messages; ``(B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; and ``(C) a process to certify the electronic records management system to be used by the President for the purposes of complying with the requirements in subparagraphs (A) and (B).''. (2) Definition.--Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs: ``(5) The term `electronic messages' has the meaning provided in section 2901(16) of this title. ``(6) The term `electronic records management system' has the meaning provided in section 2901(17) of this title.''. (b) Certification of President's Management of Presidential Records.-- (1) Certification required.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 2208. Certification of the President's management of Presidential records ``(a) Annual Certification.--The Archivist shall annually certify whether the electronic records management controls established by the President meet requirements under sections 2203(a) and 2206(5) of this title. ``(b) Report to Congress.--The Archivist shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives on the status of the certification.''. (2) Clerical amendment.--The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following new item: ``2208. Certification of the President's management of Presidential records.''. (c) Report to Congress.--Section 2203(f) of title 44, United States Code, is amended by adding at the end the following: ``(4) One year following the conclusion of a President's term of office, or if a President serves consecutive terms one year following the conclusion of the last term, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on-- ``(A) the volume and format of electronic Presidential records deposited into that President's Presidential archival depository; and ``(B) whether the electronic records management controls of that President met the requirements under sections 2203(a) and 2206(5) of this title.''. (d) Effective Date.--The amendments made by this section shall take effect one year after the date of the enactment of this Act. SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED RECORDS FROM NATIONAL ARCHIVES. (a) In General.--The Archivist of the United States shall prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records, including when such records are accessed or searched electronically. The procedures shall apply to all National Archives and Records Administration facilities authorized to store classified records and include the following prohibitions: (1) No person, other than covered personnel, shall view classified records in any room that is not secure except in the presence of National Archives and Records Administration personnel or under video surveillance. (2) No person, other than covered personnel, shall at any time be left alone with classified records, unless that person is under video surveillance. (3) No person, other than covered personnel, shall conduct any review of classified records while in the possession of any cell phone or other personal communication device. (4) All persons seeking access to review classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review. (5) All notes and other writings prepared by persons other than covered personnel during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility until such notes and other writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility. (b) Definitions.--In this section: (1) The term ``records'' has the meaning provided in section 3301 of title 44, United States Code. (2) The term ``covered personnel'' means any individual-- (A) who has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (B) who is either-- (i) an officer or employee of the Federal Government with appropriate security clearances; or (ii) any personnel with appropriate security clearances of a Federal contractor authorized in writing to act for purposes of this section by an officer or employee of the Federal Government. SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS. Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection: ``(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) of this title if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.''. SEC. 6. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives March 17, 2010. Attest: LORRAINE C. MILLER, Clerk.

Electronic Message Preservation Act - (Sec. 2) Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records. Requires agency and Archivist reports on agency compliance with such regulations. (Sec. 3) Requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification. Requires the Archivist to report to Congress on: (1) the volume and format of electronic presidential records deposited into the archival depository; and (2) whether the electronic records management controls of a President meet the requirements of this Act and the Presidential Records Act. (Sec. 4) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) apply to all NARA facilities authorized to store classified records; (2) prohibit any person, other than covered personnel, from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (3) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (4) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility. Defines "covered personnel" to mean any individual who: (1) has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (2) is either an officer or employee of the federal government with appropriate security clearances or a person with appropriate security clearances of a federal contractor authorized in writing to act for purposes of this section by a federal officer or employee. (Sec. 5) Prohibits the Archivist from making available any original presidential records to anyone claiming access to any such record as a designated representative of a former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives. (Sec. 6) Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" submitted for this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Hills National Cemetery Boundary Expansion Act''. SEC. 2. DEFINITIONS. In this Act: (1) Cemetery.--The term ``Cemetery'' means the Black Hills National Cemetery in Sturgis, South Dakota. (2) Federal land.--The term ``Federal land'' means the approximately 200 acres of Bureau of Land Management land adjacent to the Cemetery, generally depicted as ``Proposed National Cemetery Expansion'' on the map entitled ``Proposed Expansion of Black Hills National Cemetery-South Dakota'' and dated June 16, 2016. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR CEMETERY USE. (a) Conduct of Due Diligence Activities by the Secretary of Veterans Affairs.-- (1) In general.--Before the transfer of administrative jurisdiction and withdrawal of the Federal land under subsections (b) and (c), respectively, and subject to paragraph (2), the Secretary of Veterans Affairs shall complete any appropriate environmental, cultural resource, and other due diligence activities on the Federal land that would enable the Secretary of Veterans Affairs to confirm that the Federal land is suitable for cemetery purposes. (2) Notice; required coordination.--The Secretary of Veterans Affairs shall-- (A) before conducting any due diligence activities under paragraph (1), notify the Secretary of the activities to be conducted; (B) as the Secretary of Veterans Affairs determines to be necessary in the conduct of the due diligence activities under paragraph (1), coordinate the activities with the Secretary; and (C) if the Secretary of Veterans Affairs determines, on completion of the due diligence activities under paragraph (1), that the Federal land is suitable for cemetery purposes, submit written notice of the determination to the Secretary. (b) Transfer of Administrative Jurisdiction.-- (1) Transfer.-- (A) In general.--On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C), except as provided in subparagraph (B), and subject to valid existing rights, administrative jurisdiction over the Federal land is transferred from the Secretary to the Secretary of Veterans Affairs for use as a national cemetery in accordance with chapter 24 of title 38, United States Code. (B) Exclusion.--The transfer of administrative jurisdiction over the Federal land under subparagraph (A) shall not include the land located within 100 feet of the center of the Centennial Trail, as generally depicted on the map entitled ``Proposed Expansion of Black Hills National Cemetery-South Dakota'' and dated June 16, 2016. (2) Legal descriptions.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice containing a legal description of the Federal land. (B) Effect.--A legal description published under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the legal description. (C) Availability.--Copies of the legal description published under subparagraph (A) shall be available for public inspection in the appropriate offices of-- (i) the Bureau of Land Management; and (ii) the National Cemetery Administration. (D) Costs.--The Secretary of Veterans Affairs shall reimburse the Secretary for the costs incurred by the Secretary in carrying out this paragraph, including the costs of any surveys and other reasonable costs. (c) Withdrawal.--On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under subsection (a)(2)(C) and subject to valid existing rights, the Federal land-- (1) is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and (2) shall be treated as property as defined under section 102(9) of title 40, United States Code. (d) Boundary Modification.--The boundary of the Cemetery is modified to include the Federal land. (e) Modification of Public Land Order.--Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Black Hills National Cemetery Boundary Expansion Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain federal land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify, and coordinate with, the Department of the Interior regarding such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be treated as property; and (3) be transferred, except for the land within 100 feet of the center of the Centennial Trail, from Interior to the VA for use as a national cemetery. Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. The cemetery's boundary is modified to include such federal land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nigeria Democracy Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The November 10, 1995, execution by hanging of Ken Saro-Wiwa and eight other Ogoni environmental activists was carried out by the Government of Nigeria after a trial that ignored the fundamental standards of legal process, and despite the pleas for clemency by the African and international community, as well as the United States Administration, the Chairman and ranking minority member of the Committee on International Relations of the House of Representatives, and the Chairman of the Congressional Black Caucus and the co- chairs of the Human Rights Caucus of the House of Representatives. (2) The United Nations recommended in both March and April of 1996 that the Government of Nigeria release the bodies of the Ogoni Nine for proper burial and paid compensation to the families of the deceased. (3) This heinous action followed an October 1, 1995, ambiguous statement by Nigerian military leader General Sani Abacha, that the country would be returned to civilian democratic rule in three years, and a lifting of the ban on political parties while at the same time not repealing the Treasonable Offenses Decree which allows the arrest of anyone speaking against the government. (4) General Abacha's announcement was pressured by the outrage of the international community for his March 1995 arrest and conviction to long prison terms by secret trial of some 43 persons for involvement in a so-called coup. Among those convicted and still incarcerated are former President General Olusegun Obasanjo, the only military leader in Nigeria to return power to democratic civilian rule, General Shehu Musa Yar-Adua, deputy to the President in Abaasanjo's Administration, and later, human rights activist Beko Ransome- Kuti. (5) The people of Nigeria and the international community had been led to believe that the presidential election held in Nigeria on June 12, 1993, would result in a return to full democratic civilian rule in Nigeria. (6) General Ibrahim Babangida, the head of Nigeria's military government at the time of the June 12, 1993, election interrupted the release of the election results on June 23, 1993, and later annulled the election, thereby preventing a return to civilian rule. (7) The election process indicated that voters in Nigeria-- a country with a population of approximately 90,000,000 persons comprising 250 ethnic groups and spread across 357,000 square miles--were expressing a spirit of national unity that transcended ethnic, religious, and regional allegiances. (8) The reported returns suggested that Chief M.K.O. Abiola of the Social Democratic Party was receiving a substantial majority of the votes cast, leading the poll in 20 of the 30 States in Nigeria. (9) The annulment of the presidential elections resulted in various forms of civil unrest, which in turn led to the deaths of more than 100 persons. (10) An interim government established by General Babangida on August 27, 1993, and headed by Ernest Shonekan, failed to win the support of the Nigerian people. (11) General Sani Abacha took power on November 17, 1993, appointing an unelected Provisional Ruling Council to govern Nigeria. (12) Chief M.K.O. Abiola was imprisoned in solitary confinement for over one year for pressing his claim as the elected democratic leader of Nigeria, and still remains incarcerated today. (13) The political and economic conditions in Nigeria have continued to deteriorate in the months since Abacha took control of the country. (14) The faith of the Nigerian people in the viability of the nation as a unified whole must be preserved, and the balkanization of Nigeria guarded against. (15) The people of Nigeria have not accepted the continuation of military rule and have courageously spoken out in favor of the rapid return of democratic and civilian rule. (16) On May 15, 1994, a broad coalition of Nigerian democrats formed the National Democratic Coalition calling upon the military government to step down in favor of the winner of the June 12, 1993 election. (17) The confidence of the Nigerian people and the international community in the Provisional Ruling Council's commitment to the restoration of democracy can only be established by a sustained demonstration of a commitment to human rights, due process, and the return of civilian rule. (18) The United States would prefer to have a relationship with Nigeria based upon cooperation and mutual support but cannot, and will not, condone or overlook the denial of democratic civilian rule, against the clear wishes of the Nigerian people, by the Provisional Ruling Council or any other body in Nigeria. (19) The lack of support from the Nigerian authorities on drug trafficking issues forced the United States for the last 2 years to place Nigeria on the list of countries penalized for failure to seriously address the narcotics proliferation issue, thus endangering vulnerable youth in our communities. (20) Continuing credible reports of widespread corruption and questionable business practices in the Nigerian Government and ``scams'' in the United States, and the lack of cooperation in addressing these problems by the Nigerian Government, further undermines Nigeria's credibility in the international community, and is a constant embarrassment to approximately 1,000,000 law-abiding Nigerian Americans. (21) Nigeria's leadership role on the African continent, especially in the area of peacekeeping, will be severely compromised by its failure to rejoin the world community of democratic nations. (22) Nigeria was recently suspended from the Commonwealth, a forum linking Britain and former colonies, and African countries like South Africa have already called for diplomatic, economic, and sports sanctions, since the limited sanctions imposed by the United States Administration have had little effect in safeguarding the lives of the people of Nigeria and moving Nigeria toward democracy. SEC. 3. DECLARATIONS OF POLICY. (a) Commitment to Unity and Democracy by the Nigerian People.--The Congress continues to support the Nigerian people in their commitment to unity and democracy as evidenced by their participation in the June 12, 1993, presidential election in Nigeria, and in their subsequent insistence on the return to full civilian and democratic rule. (b) Actions Taken by the United States.--While the Congress endorses the limited steps taken by the Administration to demonstrate United States opposition to the annulment of the June 12, 1993, presidential election in Nigeria, more needs to be accomplished to encourage the restoration of fully democratic and civilian rule in Nigeria. (c) Sanctions to be Implemented in Coordination With International Community.--The Congress declares that the sanctions against Nigeria contained in this Act should be taken in concert with the international community and the United Nations to the maximum extent possible. (d) Increase in Democracy Building and Rule of Law Assistance.--The Congress declares that the finite foreign assistance resources of the United States Government provided to Nigeria should be re-prioritized within present budget levels in order that more funds can be expended for democracy building and the promotion of the rule of law through nongovernmental organizations in Nigeria. SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA. (a) United States Measures To Promote Democracy and Human Rights.-- (1) No assistance.-- (A) In general.--Except as provided in subparagraph (B), no assistance may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act to the Government of Nigeria. (B) Exceptions.--The prohibition in subparagraph (A) shall not apply to assistance for democracy building and the promotion of the rule of law through nongovernmental organizations. (2) International financial institutions.--The President shall instruct the United States Executive Director of each international financial institution to vote against any loan or other utilization of the funds of the respective institution to or from Nigeria. (3) Air transportation.--Air transportation with Nigeria shall be prohibited in accordance with subsection (b). (4) Defense articles and services.--No defense article or defense service may be sold or financed with respect to Nigeria, and no license to export to Nigeria a defense article or service may be issued. (5) Exclusion of nigerians from admission to the united states.--Except as required by United States treaty obligations, any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families shall be ineligible to receive a visa and shall be excluded from admission into the United States. (6) Eximbank, opic, and tda.--No funds available to the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency may be used with respect to Nigeria. (7) Prohibition of new investment.-- (A) In general.--No national of the United States may, directly or through another person, make any new investment in Nigeria, including new investments in the energy sector. (B) Effective date.--The prohibition contained in subparagraph (A) shall take effect 45 days after the date of enactment of this Act. (8) Assets freeze.--The President, acting through the Secretary of the Treasury, shall exercise the authority of the International Emergency Economic Powers Act to block the assets of any Nigerian national who formulates, implements, or benefits from policies which hinder Nigeria's transition to democracy and members of their immediate families. (b) Prohibition of Air Transportation With Nigeria.-- (1) Prohibition on nigerian air carrier.-- (A) In general.--Not later than 10 days after the date of the enactment of this Act, the President shall direct the Secretary of Transportation to revoke the right of any air carrier designated by the Government of Nigeria under any air transport agreement between the United States and Nigeria to service the routes provided in the agreement. (B) Notification.--The President shall immediately notify the Government of Nigeria of his intention to suspend, in accordance with subparagraph (A), the rights of any air carrier designated by the Government of Nigeria under any such air transport agreement. (2) Prohibition on united states air carrier.--Not later than 10 days after the date of the enactment of this Act, the President shall direct the Secretary of Transportation not to permit or otherwise designate any United States air carrier to provide service between the United States and Nigeria pursuant to any air transport agreement between the United States and Nigeria. (3) Termination of air transport agreements.-- (A) In general.--Not later than 10 days after the date of the enactment of this Act, the Secretary of State shall terminate any air transport agreement between the Government of the United States and the Government of Nigeria in accordance with the provisions of that agreement. (B) Prohibition on nigerian aircraft.--Upon termination of such agreement, the Secretary of Transportation shall prohibit any aircraft of a foreign air carrier owned, directly or indirectly, by the Government of Nigeria or by Nigerian nationals from engaging in air transportation with respect to the United States. (C) Prohibition on united states aircraft.--The Secretary of Transportation shall prohibit the takeoff and landing in Nigeria of any aircraft by an air carrier owned, directly or indirectly, or controlled by a national of the United States or by any corporation or other entity organized under the laws of the United States or of any State. (4) Waivers.--The President may waive the prohibitions contained in paragraph (1), (2), or (3) if the President determines and certifies to the Congress that the air transportation prohibited under either such paragraph is important to the national interest of the United States, including emergencies in which the safety of an aircraft or its crew or passengers is threatened. (5) Definitions.--For the purposes of this subsection, the terms ``aircraft'', ``air transportation'', and ``foreign air carrier'' have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). (c) Multilateral Measures To Promote Democracy and Human Rights.-- The President shall instruct the United States Permanent Representative to the United Nations to actively pursue the passage of any resolution by the United Nations Security Council that enhances the cooperation of other nations in the application of the spirit and intent of the sanctions contained in this section. (d) Waiver of Sanctions.--The President may waive any of the sanctions contained in this section if the President determines and certifies to the Congress that such a waiver is important to the national interest of the United States. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States should follow the precedent of the Federation of International Football Associations which withdrew its invitation for Nigeria to host the World Youth Soccer Championships in 1995 by excluding Nigerian sporting teams from participating in any sporting event in the United States; and (2) the President should work with the Government of Australia prior to the opening of the 2000 Olympic Games to be held in Sydney, Australia, to determine the appropriateness of issuing visas for Nigerian participants in those Olympic Games based upon the progress made by Nigeria toward democracy. SEC. 6. REPORT. Not later than 3 months after the date of the enactment of this Act, and every 6 months thereafter, the President shall prepare and transmit to the Congress a report on the extent to which Nigeria has made progress toward democracy, civilian rule, and respect for internationally recognized human rights. SEC. 7. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institutions'' includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Mutual Investment Guarantee Agency, the African Development Bank, the African Development Fund, and the International Monetary Fund. (2) National of the united states.--The term ``national of the United States'' means-- (A) a natural person who is a citizen of the United States or is an alien lawfully admitted for permanent residence in the United States, as defined by section 101(a)(20) of the Immigration and Nationality Act; or (B) a corporation, partnership, or other business association which is organized under the law of the United States, any State or territory thereof, or the District of Columbia. (3) New investment.--The term ``new investment''-- (A) means-- (i) a commitment or contribution of funds or other assets, and (ii) a loan or other extension of credit, and (B) does not include-- (i) the reinvestment of profits generated by a controlled Nigerian entity into that same controlled Nigerian entity or the investment of such profits in a Nigerian entity; and (ii) contributions of money or other assets where such contributions are necessary to enable a controlled Nigerian entity to operate in an economically sound manner, without expanding its operations. (4) Nigerian entity.--The term ``Nigerian entity'' means-- (A) a corporation, partnership, or other business association or entity organized in Nigeria; or (B) a branch, office, agency, or sole proprietorship in Nigeria of a person that resides or is organized outside Nigeria.

Nigeria Democracy Act - Imposes certain economic sanctions on Nigeria to promote democracy and human rights there. Requires the President to direct the Secretary of Transportation to revoke the right of Nigerian air carriers to service, and prohibit U.S. air carriers from servicing, routes between the United States and such country. Authorizes waiver of such sanctions if the President certifies to the Congress that such waiver is important to the national interest. Expresses the sense of the Congress that: (1) the United States should exclude Nigerian sporting teams from participating in any sporting event in the United States; and (2) the President should work with the Government of Australia before the 2000 Olympic Games to be held in Sydney to determine the appropriateness of issuing visas for Nigerian participants in such Games. Directs the President to report periodically to the Congress on the extent to which Nigeria has made progress toward democracy, civilian rule, and respect for internationally-recognized human rights.

SECTION 1. SHORT TITLE, FINDINGS. (a) Short Title.--This Act may be cited as the ``SMART Research and Development Compact''. (b) Findings.--The Congress makes the following findings: (1) The shared borders, similar economic, environmental, and socioeconomic traits as well as the common historical attributes between the residents of Delaware, Maryland, New Jersey, and Pennsylvania, bind the 4 States into a common Mid- Atlantic region. (2) This region presents a rich framework of approximately 618 colleges and universities, including approximately 38 leading engineering colleges with a variety of technical expertise and ingenious research and development programs within every field of science and technology. (3) This region contains a variety of federally owned and generated laboratories or organizations assigned with the task of performing needed research and development in most of our Nation's technical areas, highlighted by defense, transportation, health, energy, and communications. (4) This region possesses a great wealth of private manufacturers, laboratories, and nonprofit organizations in each of the scientific and technological pursuits, such as homeland security, defense, aerospace, manufacturing, information systems, materials, chemicals, medical applications, and pharmaceuticals. (5) Increased cooperation between the above-mentioned institutions and the 4 State governments may effectively enhance the region's contribution to the United States in all fields of science and technology and promote academic, private and public research and development, technical enterprise, and intellectual vitality. (6) An organization assigned with the task of linking various institutions across different jurisdictions and promoting working partnerships may further assist the United States by providing a model for the rest of the Nation for the effective use of limited national, State, and local funding resources. SEC. 2. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create a multi-State organization that shall be known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Organization (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, Federal and State governmental agencies, laboratories, federally owned and operated laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by two or more of the following States: The State of Delaware, the State of Maryland, the State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States'), do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. ``The leadership of the Organization shall consist of a Board of Directors that shall include a representative from each party State, appointed as provided by the law of that State, and representatives from each technology class described in Article IV from the party States. Board Members may include any business, academic institution, nonprofit agency, Federal or State governmental agency, laboratory, and federally owned and operated laboratory within the party States. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the Organization. The Board of Directors may create and utilize the services of technology- designated Working Groups to identify goals and sources of funding, establish research and development projects, detect new technology advances for the region to pursue, and facilitate cooperation among regional entities. The Board of Directors and Working Groups in the Organization shall serve without compensation and shall hold regular quarterly meetings and such special meetings as their business may require. ``The Organization shall adopt bylaws and any other such rules or procedures as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional, or national, having an interest in economic or technology development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``Not including State Representatives, the Organization Board of Directors and Technology Working Groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire/EMS, financial technology, alternative fuels, nanotechnology, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing class from this Article and the Organization's activities. ``ARTICLE V. ``The Board of Directors shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The duties of the executive director are to carry out the goals and directives of the Board of Directors and administer the actions of each Working Group as chairman. The executive director may hire a staff and shall be the administrative head of the Organization, whose term of office shall be at the pleasure of the Board of Directors. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act.

SMART Research and Development Compact - Grants the consent of the Congress to the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact if such compact is entered into by at least two of the following states: Delaware, Maryland, New Jersey, and Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Disaster Insurance Protection Act''. SEC. 2. DISTRICT OF COLUMBIA NATURAL DISASTER PROTECTION FUNDS. (a) Contributions to Natural Disaster Protection Funds.--Subsection (c) of section 832 of the Internal Revenue Code of 1986 (relating to the taxable income of insurance companies other than life insurance companies) is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; and'', and by adding at the end the following new paragraph: ``(14) the qualified contributions during the taxable year to a natural disaster protection fund.'' (b) Natural Disaster Protection Fund Gross Income.--Subsection (b) of section 832 of such Code is amended by adding at the end the following new paragraph: ``(9) Special rule for assets held in natural disaster protection fund.--For purposes of determining gross income under this subsection, any items of income, gain, loss, or deduction derived from or attributable to any assets held in a natural disaster protection fund shall not be taken into account.'' (c) Distributions From Natural Disaster Protection Funds.-- Paragraph (1) of section 832(b) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) the aggregate amount of all distributions during the taxable year from a natural disaster protection fund, except that a distribution made to return to the qualified insurance company any contribution that is not a qualified contribution for a taxable year shall not be included in gross income if such distribution is made prior to the filing by the qualified insurance company of its tax return for such taxable year.'' (d) Definitions and Other Rules Relating to Natural Disaster Protection Funds.--Section 832 of such Code is amended by adding at the end the following new subsection: ``(h) Definitions and Other Rules Relating to Natural Disaster Protection Funds.--For purposes of this section-- ``(1) Natural disaster protection fund.--The term `natural disaster protection fund' (hereafter in this subsection referred to as the `fund') means any money, securities, or other property held by a qualified insurance company that is identified and maintained in a segregated account-- ``(A) which is designated as a `natural disaster protection fund' and held in a bank or bank branch located in the District of Columbia that is licensed and regulated by the Comptroller of the Currency or the District of Columbia Commissioner of Insurance, Securities, and Banking, ``(B) under the terms of which-- ``(i) the assets in the fund are required to be invested in a manner consistent with the investment requirements applicable to all insurance companies under the laws of the District of Columbia, ``(ii) an excess balance drawdown amount is required to be distributed to the qualified insurance company no later than the close of the taxable year following the taxable year with respect to which such amount is determined, and ``(iii) no portion of the assets of the fund may be paid or distributed from the fund except for a qualified distribution. ``(2) Qualified insurance company.--The term `qualified insurance company' means an insurer or reinsurer that-- ``(A) is incorporated and domiciled in the District of Columbia, ``(B) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking, ``(C) maintains an office in the District of Columbia that employs no fewer than 10 full-time equivalent employees, of whom no fewer than 5 are residents of the District of Columbia, ``(D) is subject to any premium taxes and any other taxes and fees imposed by the District of Columbia on all domestic insurance companies, and ``(E) is subject to such additional tax as may be imposed by the District of Columbia-- ``(i) on premiums charged for natural catastrophic risk coverage written through the fund, and ``(ii) at such rate-- ``(I) as may be established by the District of Columbia, and ``(II) as does not exceed the rate of Federal excise tax imposed by section 4371(3) on a premium paid on a contract of reinsurance issued by any foreign insurer or reinsurer. ``(3) Qualified contribution.--The term `qualified contribution' means a contribution to a fund established by a qualified insurance company of not more than the total of net premiums or other payments received during a taxable year for coverage of qualified losses, but only to the extent such contribution, when added to all previous contributions to the fund (including net investment earnings of the fund) and after subtracting all qualified distributions from the fund, does not exceed the amount reasonably at risk for the payment of qualified losses insured through the fund, less reinsurance on those risks, as determined actuarially on a multi-year basis. ``(4) Qualified distribution.--The term `qualified distribution' means any amount paid or distributed for-- ``(A) any payment of a qualified loss pursuant to an insurance contract or contract of reinsurance issued by the qualified insurance company, ``(B) any payment made to reinsure or otherwise spread the risk of catastrophe loss written by the qualified insurance company, ``(C) any excess balance drawdown amount, ``(D) any administrative expenses directly related to the maintenance and investment of the fund, and ``(E) any claims investigation and adjustments relating to a qualified loss. ``(5) Qualified loss.--The term `qualified loss' means an insured loss on a United States risk that satisfies subparagraphs (A) and (B). ``(A) Event.--An insured loss satisfies this subparagraph if the loss is attributable to one or more of the following events: ``(i) Wind (including hurricanes and tornados). ``(ii) Earthquake (including any fire following). ``(iii) Flood. ``(iv) Tsunami or tidal wave. ``(v) Volcanic eruption. ``(vi) Fire. ``(vii) Hail. ``(viii) Snow, ice, freezing, or other winter catastrophes. ``(ix) Pandemic or other public health catastrophe. ``(B) Catastrophe designation or minimum aggregate insured loss.--An insured loss, with respect to an event described in subparagraph (A), satisfies this subparagraph if at least one of the following occurs: ``(i) Total insured losses from the event, or from more than one event happening simultaneously or immediately following, exceeds $1,000,000,000 on an industry-wide basis. ``(ii) The President of the United States declares a disaster or state of emergency because of the event. ``(iii) The Governor or chief executive of a State, possession or territory of the United States, or of the District of Columbia, declares a disaster or state of emergency because of such event. ``(iv) The Property Claims Services unit of Insurance Services Office, Inc., declares a catastrophic industry-wide loss because of one or more events. ``(6) Excess balance drawdown amount.--The term `excess balance drawdown amount' means the excess (if any) of-- ``(A) the amount of the fund balance as of the end of the taxable year, over ``(B) the total amount of exposure of the fund to qualified losses at the end of the taxable year under contracts issued by the qualified insurance company, as determined actuarially on a multi-year basis. ``(7) United states risk.--The term `United States risk' means any hazard, risk, loss, or liability attributable to property situated, or an activity conducted, in the United States, or its territories or possessions. ``(8) Exclusion of premiums and losses on certain puerto rican risks.--Notwithstanding any other provision of this subsection, premiums and losses with respect to risks covered by a catastrophe reserve established under the laws or regulations of the Commonwealth of Puerto Rico shall not be taken into account under this subsection in determining the amount of the qualified contributions allowed or the amount of qualified losses. ``(9) Contributions in kind.--A transfer of property other than money to a fund shall be treated as a sale or exchange of such property for an amount equal to its fair market value as of the date of transfer, and appropriate adjustment shall be made to the basis of such property. Section 267 shall apply to any loss realized upon such a transfer. ``(10) Distributions in kind.--A distribution of property other than money from a fund to a qualified insurance company shall be treated as a sale or exchange of such property, and any gain or loss realized on such sale or exchange shall be excluded from the gross income of the qualified insurance company. ``(11) Regulations.--The Secretary shall prescribe regulations as may be necessary or appropriate to carry out the purposes of this subsection.'' (e) Additional Tax on Certain Distributions From a Natural Disaster Protection Fund.--Subsection (d) of section 831 of such Code (relating to the tax on insurance companies other than life insurance companies) is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection: ``(d) Tax on Nonqualified Distributions.-- ``(1) In general.--In the case of a qualified insurance company, the tax imposed by this section for the current year shall be increased by an amount equal to 20 percent of the aggregate amount of nonqualified distributions made by such company during such year from a natural disaster protection fund. ``(2) Definitions.-- ``(A) Nonqualified distributions.--The term `nonqualified distributions' means any distribution from a natural disaster protection fund other than a qualified distribution (as defined in section 832(h)(4)). ``(B) Other definitions.--The terms `qualified insurance company' and `natural disaster protection fund' shall have the meanings ascribed to such terms in section 832(h).'' (f) Effective Date.--The amendments made by this bill shall apply to taxable years beginning after December 31, 2011.

District of Columbia National Disaster Insurance Protection Act - Amends the Internal Revenue Code to provide for the creation and tax treatment of a tax-exempt natural disaster protection fund held by an insurance company that: (1) is incorporated and domiciled in the District of Columbia; (2) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking; (3) maintains an office in the District of Columbia that employs no fewer than 10 full-time employees, at least 5 of whom are District of Columbia residents; (4) is subject to any premium taxes and other taxes and fees imposed by the District of Columbia on all domestic insurance companies; and (5) is subject to an additional tax imposed by the District of Columbia on premiums charged for natural catastrophic risk coverage at a rate that does not exceed the rate of federal excise tax on a premium paid on a contract of reinsurance issued by any foreign insurer or reinsurer. Allows distributions from such a fund to cover losses attributable to wind (including hurricanes and tornadoes), earthquakes, floods, tsunami or tidal wave, volcanic eruption, fire, hail, snow, ice freezing, or other winter catastrophes, or a pandemic or other public health catastrophe. Sets forth tax rules for contributions to and distributions from such a fund.

SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to gain or loss on disposition of property) is amended by inserting after part IV the following new part: ``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES ``Sec. 1071. Nonrecognition of gain on certain sales of telecommunications businesses. ``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES. ``(a) In General.--In the case of any qualified telecommunications sale, at the election of the taxpayer, such sale shall be treated as an involuntary conversion of property within the meaning of section 1033. ``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.-- The amount of gain on any qualified telecommunications sale which is not recognized by reason of this section shall not exceed $50,000,000. ``(c) Qualified Telecommunications Sale.--For purposes of this section, the term `qualified telecommunications sale' means any sale to a qualified business of-- ``(1) the assets of a telecommunications business, or ``(2) stock in a corporation if, immediately after such sale-- ``(A) the qualified business controls (within the meaning of section 368(c)) such corporation, and ``(B) substantially all of the assets of such corporation are assets of 1 or more telecommunications businesses. ``(d) Qualified Business.--For purposes of this section-- ``(1) In general.--The term `qualified business' means-- ``(A) in the case of a telecommunications sale which includes the sale of any interest in a broadcast station (as defined in section 3(5) of the Communications Act of 1934), any person if-- ``(i) such person owns, directly or indirectly, a qualified interest in 10 or fewer broadcast stations (as so defined), and ``(ii) the fair market value of the aggregate interests of such person in broadcast stations (as so defined) is equal to or greater than 50 percent of the net assets of such entity, and ``(B) in the case of any other telecommunications sale-- ``(i) any individual, and ``(ii) any partnership or corporation if-- ``(I) the net assets of such entity do not exceed $30,000,000, and ``(II) the average after-tax income of such entity for the preceding 2 taxable years does not exceed $10,000,000. ``(2) Qualified interest in broadcast stations.--An interest in a broadcast station shall be treated as qualified if such interest represents 50 percent or more of the total assets of the station. ``(3) Each business limited to 3 purchases.--A person shall not be a qualified business with respect to a qualified telecommunications sale if such person (or any predecessor) was the purchaser in more than 2 prior qualified telecommunications sales for which an election under this section was made by the seller. ``(4) Special rules for qualified business determination.-- For purposes of paragraph (1)-- ``(A) Net assets.--The term `net assets' means the excess of the aggregate gross assets (as defined in section 1202(d)(2)) of the entity over the indebtedness of such entity. ``(B) After-tax income.--The term `after-tax income' means taxable income reduced by the net income tax for the taxable year. For purposes of the preceding sentence, the term `net income tax' means the tax imposed by this chapter reduced by the sum of the credits allowable under part IV of subchapter A of this chapter. Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply in determining average after-tax income. ``(5) Aggregation rules.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person. ``(e) Telecommunications Business.--The term `telecommunications business' means any business providing communication services by wire, cable, radio, satellite, or other technology if the providing of such services is governed by the Communications Act of 1934 or the Telecommunications Act of 1996. ``(f) Special Rules.-- ``(1) In general.--In applying section 1033 for purposes of subsection (a) of this section, stock of a corporation operating a telecommunications business, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property sold in the qualified telecommunications sale. ``(2) Election to reduce basis rather than recognize remainder of gain.--If-- ``(A) a taxpayer elects the treatment under subsection (a) with respect to any qualified telecommunications sale, and ``(B) an amount of gain would (but for this paragraph) be recognized on such sale other than by reason of subsection (b), then the amount of such gain shall not be recognized to the extent that the taxpayer elects to reduce the basis of depreciable property (as defined in section 1017(b)(3)) held by the taxpayer immediately after the sale or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. ``(3) Basis.--For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). ``(g) Recapture of Tax Benefit if Telecommunications Business Resold Within 5 Years, etc.-- ``(1) In general.--If, within 5 years after the date of any qualified telecommunications sale, there is a recapture event with respect to the property involved in such sale, then the purchaser's tax imposed by this chapter for the taxable year in which such event occurs shall be increased by 20 percent of the lesser of the consideration furnished by the purchaser in such sale or the dollar limitation of subsection (b). ``(2) Exception for reinvested amounts.--Paragraph (1) shall not apply to any recapture event which is a sale if-- ``(A) the sale is a qualified telecommunications sale, or ``(B) during the 60-day period beginning on the date of such sale, the taxpayer is the purchaser in another qualified telecommunications sale in which the consideration furnished by the taxpayer is not less than the amount realized on the recapture event sale. ``(3) Recapture event.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified telecommunications sale-- ``(A) any sale or other disposition of the assets or stock referred to in subsection (c) which were acquired by the taxpayer in such sale, and ``(B) in the case of a qualified telecommunications sale described in subsection (c)(2)-- ``(i) any sale or other disposition of a telecommunications business by the corporation referred to in such subsection, or ``(ii) any other transaction which results in the qualified business not having control (as defined in subsection (c)(2)(A)) of such corporation. Such term shall not include any sale or other disposition resulting from the default, or imminent default, of any indebtedness of the taxpayer.''. (b) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by inserting after the item relating to part IV the following new item: ``Part V. Certain Sales of Telecommunications Businesses.''. (c) Effective Date.--The amendments made by this section shall apply to sales in taxable years beginning after the date of the enactment of this Act. SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--The Administrator of the Small Business Administration may guarantee any loan made to a qualified business for the purchase of assets or stock described in section 1071(c) of the Internal Revenue Code of 1986 (relating to qualified telecommunications sale). (b) Limitations.-- (1) Security.--The Administrator shall not guarantee any loan under subsection (a) unless the guaranteed portion of such loan is secured by a first lien position or first mortgage on the stock or assets financed by the loan. (2) Guarantee percentage.--The amount of any loan guaranteed by the Administrator under subsection (a) shall not exceed 95 percent of the balance of the financing outstanding at the time of disbursement of the loan. (3) Fees.--With respect to each loan guaranteed under subsection (a) (other than a loan that is repayable in 1 year or less), the Administrator may collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower. (4) Forfeiture of fcc license.--The Administrator shall not guarantee any loan under subsection (a) unless such loan provides that any license issued by the Federal Communications Commission to the borrower shall be returned and forfeited by the borrower to the Federal Communications Commission immediately upon a finding by the Administrator that such borrower is in default under such loan. (c) General Authority.--For purposes of carrying out this section, the Administrator may-- (1) enter into contracts with private and Federal entities for professional and other services; (2) enter into memorandums of understanding with other Federal agencies; and (3) issue regulations, including regulations regarding-- (A) notice of and opportunity to cure a default; (B) procedures related to foreclosure; and (C) such other matters as the Administrator considers appropriate. (d) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Qualified business.--The term ``qualified business'' has the meaning given such term in section 1071(d) of the Internal Revenue Code of 1986. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Amends the Internal Revenue Code to allow a taxpayer election to defer from tax up to $50 million of the gain from the sale of the assets or stock of a telecommunications business to certain small businesses that own 10 or fewer broadcast stations. Limits to three the number of such purchases by any qualifying small business. Requires the recapture of such deferred gain for any telecommunications business resold within five years. Authorizes the Administrator of the Small Business Administration to guarantee loans made to small businesses for the purchase of a telecommunications business.

SECTION 1. 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 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 is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups.--The voting members of the Committee shall include the following: (i) At least 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) At least 2 representatives of tick- borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 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. (C) 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 for 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 the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of 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.--Of the amounts made available to the Department of Health and Human Services for general departmental management for fiscal years 2012 through 2016, there is authorized to be appropriated $250,000 for each of such fiscal years to carry out this Act. Amounts made available to carry out this Act 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, except that no voting member of the Committee shall be a permanent salaried employee.

Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which they 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 is represented in public health 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 tick-borne diseases.