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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of 2018''. SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (FF), by striking at the end ``and''; (2) in subparagraph (GG), by inserting at the end ``; and''; and (3) by adding at the end the following new subparagraph: ``(HH) opioid treatment program services (as defined in subsection (jjj)).''. (b) Opioid Use Disorder Treatment Services and Opioid Treatment Program Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(jjj) Opioid Treatment Program Services; Opioid Treatment Program.-- ``(1) Opioid treatment program services.-- ``(A) In general.--The term `opioid treatment program services' means items and services described in subparagraph (B) that are furnished as part of medication-assisted treatment for the treatment of opioid use disorder at an opioid treatment program enrolled under section 1866(j). ``(B) Items and services described.--For purposes of subparagraph (A), the items and services described in this subparagraph, with respect to an individual and episode of care, are the following: ``(i) Initial intake and assessment. ``(ii) Integrated and ongoing psychosocial and medical treatment for opioid use disorder. ``(iii) Additional services, including urinalysis; medication administration, dispensing, and monitoring; and screening. ``(iv) One of the following products (or such other products approved after the date of the enactment of this subsection by the Food and Drug Administration for the purpose of maintenance or detoxification treatment), as determined appropriate for the individual by an appropriately licensed clinician for the treatment of such individual: ``(I) Methadone products. ``(II) Buprenorphine products. ``(III) Naltrexone products. ``(2) Opioid treatment program.--The term `opioid treatment program' means an opioid treatment program (as defined in section 8.2 of title 42 of the Code of Federal Regulations, or any successor regulation) that-- ``(A) has in effect an opioid treatment program certification (as defined in such section); ``(B) has in effect a certification by the Substance Abuse and Mental Health Services Administration for such a program; and ``(C) is accredited by an accrediting body approved by the Substance Abuse and Mental Health Services Administration. ``(3) Medication-assisted treatment.--The term `medication- assisted treatment' means the use of medications, in combination with counseling, behavioral therapies, and toxicology testing, to provide a comprehensive approach to the treatment of substance use disorders.''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (BB)'' and inserting ``(BB)''; and (B) by inserting before the semicolon at the end the following ``, and (CC) with respect to opioid treatment program services furnished during an episode of care, the amount paid shall be equal to the amount payable in accordance with section 1834(v)''. (2) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(v) Opioid Treatment Program Services.-- ``(1) In general.--The Secretary shall pay under this part to an opioid treatment program (as defined in paragraph (2) of section 1861(jjj)) an amount equal to 120 percent of the bundled payment amount under a subparagraph of paragraph (2) for opioid treatment program services (as defined in paragraph (1) of such section 1861(jjj)) described in such subparagraph that are furnished during the episode of care (beginning not later than January 1, 2019) applicable to such services described in such subparagraph, to an individual by a physician or other practitioner at such program. Such a bundled payment shall be in lieu of any payment that would otherwise be made under this part to such physician or practitioner for furnishing such services. ``(2) Payment amounts and episode of care based on medication involved.--Subject to paragraph (3): ``(A) Medication-assisted treatment bundles including methadone.--In the case of opioid treatment program services that include methadone, the bundled payment amount under this subparagraph is the payment amount applied for HCPCS code H0020 and shall be for an episode of care, the duration of which is a week. ``(B) Medication-assisted treatment bundles including buprenorphine.--In the case of opioid treatment program services that include buprenorphine-- ``(i) the bundled payment amount under this subparagraph shall be the amount equal to the sum of-- ``(I) with respect to services furnished as part of such bundle, the payment amount applied for HCPCS code H0047; and ``(II) with respect to buprenorphine administered or dispensed as part of such bundle, the payment amount applied for HCPCS code J0571, J0572, or J0573, determined at an amount equal to 95 percent of the average wholesale price of the drug; ``(ii) such bundled payment amount-- ``(I) shall be for an episode of care, the duration of which is a week; and ``(II) shall include payment for buprenorphine administered during such episode of care only if the medication is dispensed or administered by the opioid treatment program involved; and ``(iii) any claim for payment for such services, with respect to such a episode of care, under this subsection shall include the National Drug Code for Buprenorphine, dosage, and acquisition costs. ``(C) Medication-assisted treatment bundles including naltrexone.--In the case of opioid treatment program services that include naltrexone-- ``(i) the bundled payment amount under this subparagraph shall be the amount equal to the sum of-- ``(I) with respect to services furnished as part of such bundle, the payment amount applied for HCPCS code H0047; ``(II) with respect to the administration of naltrexone as part of such bundle, the payment amount applied for CPT code 96372; and ``(III) with respect to naltrexone administered as part of such bundle, the payment amount applied for HCPCS code J2315 for the amount of milligrams used; and ``(ii) such bundled amount shall be for an episode of care, the duration of which is a month. In carrying out this paragraph, any reference to a HCPCS code or CPT code shall be treated as including a reference to a successor code to the HCPCS code or CPT code, as determined by the Secretary pursuant to rulemaking. ``(3) Limitation.--In no case shall the amount determined under a subparagraph of paragraph (2), with respect to opioid treatment services described in a subparagraph of paragraph (2) during an episode of care described in such subparagraph furnished in a count be less than the greater of-- ``(A) the rate of payment for comparable services that are paid under State plans under title XIX to opioid treatment programs in such county; or ``(B) the rate of payment under the TRICARE program under chapter 55 of title 10, United States Code, for comparable services paid to opioid treatment programs in such county.''. (d) Including Opioid Treatment Programs as Medicare Providers.-- Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is amended-- (1) in paragraph (2), by striking at the end ``and''; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) opioid treatment programs (as defined in paragraph (2) of section 1861(jjj)), but only with respect to the furnishing of opioid treatment program services (as defined in paragraph (1) of such section).''.	Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill provides for coverage and payment of specified opioid-treatment program services under the Medicare program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act of 2005''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.-- (1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (2) Computation.--Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (b) Repeal of Phase-in of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking ``except that'' and all that follows and inserting ``except-- ``(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and ``(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2005.''. (c) Clerical Amendments.-- (1) The heading for section 1414 of such title is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability.''. (b) Amendments to Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended-- (A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and (B) by adding at the end the following new paragraph: ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is also entitled for that month to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date.	Retired Pay Restoration Act of 2005 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Makes the 2004 through 2013 phase-in limitations for the concurrent receipt of such pay for qualified retirees with service-connected disabilities rated as total applicable: (1) only during 2004 for retirees with a 100 percent disability; and (2) only during 2004 and 2005 for retirees with a total disability by reason of unemployability. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal-to-Liquid Fuel Energy Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Coal-to-liquid.--The term ``coal-to-liquid'' means-- (A) with respect to a process or technology, the use of a feedstock, the majority of which is the coal resources of the United States, using the class of reactions known as Fischer-Tropsch, to produce synthetic fuel suitable for transportation; and (B) with respect to a facility, the portion of a facility related to producing the inputs to the Fischer-Tropsch process, the Fischer-Tropsch process, finished fuel production, or the capture, transportation, or sequestration of byproducts of the use of a feedstock that is primarily domestic coal at the Fischer-Tropsch facility, including carbon emissions. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM. (a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(11) Large-scale coal-to-liquid facilities (as defined in section 2 of the Coal-to-Liquid Fuel Energy Act of 2007) that use a feedstock, the majority of which is the coal resources of the United States, to produce not less than 10,000 barrels a day of liquid transportation fuel.''. (b) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following: ``(c) Coal-to-Liquid Projects.-- ``(1) In general.--There are authorized to be appropriated such sums as are necessary to provide the cost of guarantees for projects involving large-scale coal-to-liquid facilities under section 1703(b)(11). ``(2) Alternative funding.--If no appropriations are made available under paragraph (1), an eligible applicant may elect to provide payment to the Secretary, to be delivered if and at the time the application is approved, in the amount of the estimated cost of the loan guarantee to the Federal Government, as determined by the Secretary. ``(3) Limitations.-- ``(A) In general.--No loan guarantees shall be provided under this title for projects described in paragraph (1) after (as determined by the Secretary)-- ``(i) the tenth such loan guarantee is issued under this title; or ``(ii) production capacity covered by such loan guarantees reaches 100,000 barrels per day of coal-to-liquid fuel. ``(B) Individual projects.-- ``(i) In general.--A loan guarantee may be provided under this title for any large-scale coal-to-liquid facility described in paragraph (1) that produces no more than 20,000 barrels of coal-to-liquid fuel per day. ``(ii) Non-federal funding requirement.--To be eligible for a loan guarantee under this title, a large-scale coal-to-liquid facility described in paragraph (1) that produces more than 20,000 barrels per day of coal-to-liquid fuel shall be eligible to receive a loan guarantee for the proportion of the cost of the facility that represents 20,000 barrels of coal-to-liquid fuel per day of production. ``(4) Requirements.-- ``(A) Guidelines.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall publish guidelines for the coal-to-liquids loan guarantee application process. ``(B) Applications.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall begin to accept applications for coal-to-liquid loan guarantees under this subsection. ``(C) Deadline.--Not later than 1 year from the date of acceptance of an application under subparagraph (B), the Secretary shall evaluate the application and make final determinations under this subsection. ``(5) Reports to congress.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the status of the program under this subsection not later than each of-- ``(A) 180 days after the date of enactment of this subsection; ``(B) 1 year after the date of enactment of this subsection; and ``(C) the dates on which the Secretary approves the first and fifth applications for coal-to-liquid loan guarantees under this subsection.''. SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM. (a) Definition of Eligible Recipient.--In this section, the term ``eligible recipient'' means an individual, organization, or other entity that owns, operates, or plans to construct a coal-to-liquid facility that will produce at least 10,000 barrels per day of coal-to- liquid fuel. (b) Establishment.--The Secretary shall establish a program under which the Secretary shall provide loans, in a total amount not to exceed $20,000,000, for use by eligible recipients to pay the Federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid facility. (c) Application.--To be eligible to receive a loan under subsection (b), the eligible recipient shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Non-Federal Match.--To be eligible to receive a loan under this section, an eligible recipient shall use non-Federal funds to provide a dollar-for-dollar match of the amount of the loan. (e) Repayment of Loan.-- (1) In general.--To be eligible to receive a loan under this section, an eligible recipient shall agree to repay the original amount of the loan to the Secretary not later than 5 years after the date of the receipt of the loan. (2) Source of funds.--Repayment of a loan under paragraph (1) may be made from any financing or assistance received for the construction of a coal-to-liquid facility described in subsection (a), including a loan guarantee provided under section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(11)). (f) Requirements.-- (1) Guidelines.--Not later than 180 days after the date of enactment of this Act, the Secretary shall publish guidelines for the coal-to-liquids loan application process. (2) Applications.--Not later than 1 year after the date of enactment of this Act, the Secretary shall begin to accept applications for coal-to-liquid loans under this section. (g) Reports to Congress.--Not later than each of 180 days and 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the status of the program under this section. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000, to remain available until expended. SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFACTURING FACILITIES. The Secretary, in coordination with the head of any affected agency, shall promulgate such regulations as the Secretary determines to be necessary to support the development on Federal land (including land of the Department of Energy, military bases, and military installations closed or realigned under the defense base closure and realignment) of coal-to-liquid manufacturing facilities and associated infrastructure, including the capture, transportation, or sequestration of carbon dioxide. SEC. 6. STRATEGIC PETROLEUM RESERVE. (a) Development, Operation, and Maintenance of Reserve.--Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended-- (1) by redesignating subsections (f), (g), (j), (k), and (l) as subsections (a), (b), (e), (f), and (g), respectively; and (2) by inserting after subsection (b) (as redesignated by paragraph (1)) the following: ``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not later than 1 year after the date of enactment of the Coal-to-Liquid Fuel Energy Act of 2007, the Secretary and the Secretary of Defense shall-- ``(1) conduct a study of the feasibility and suitability of maintaining coal-to-liquid products in the Reserve; and ``(2) submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate and the Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives a report describing the results of the study. ``(d) Construction of Storage Facilities.--As soon as practicable after the date of enactment of the Coal-to-Liquid Fuel Energy Act of 2007, the Secretary may construct 1 or more storage facilities in the vicinity of pipeline infrastructure and at least 1 military base.''. (b) Petroleum Products for Storage in Reserve.--Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting a semicolon at the end; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(4) coal-to-liquid products (as defined in section 2 of the Coal-to-Liquid Fuel Energy Act of 2007), as the Secretary determines to be appropriate, in a quantity not to exceed 20 percent of the total quantity of petroleum and petroleum products in the Reserve.''; (2) in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (3) by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (c) Conforming Amendments.--Section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (2) (as redesignated by subparagraph (A)), by striking ``section 160(f)'' and inserting ``section 160(e)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``section 160(f)'' and inserting ``section 160(e)''. SEC. 7. AUTHORIZATION TO CONDUCT RESEARCH, DEVELOPMENT, TESTING, AND EVALUATION OF ASSURED DOMESTIC FUELS. Of the amount authorized to be appropriated for the Air Force for research, development, testing, and evaluation, $10,000,000 may be made available for the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use. SEC. 8. COAL-TO-LIQUID LONG-TERM FUEL PROCUREMENT AND DEPARTMENT OF DEFENSE DEVELOPMENT. Section 2398a of title 10, United States Code is amended-- (1) in subsection (b)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (B) by adding at the end the following: ``(2) Coal-to-liquid production facilities.-- ``(A) In general.--The Secretary of Defense may enter into contracts or other agreements with private companies or other entities to develop and operate coal-to-liquid facilities (as defined in section 2 of the Coal-to-Liquid Fuel Energy Act of 2007) on or near military installations. ``(B) Considerations.--In entering into contracts and other agreements under subparagraph (A), the Secretary shall consider land availability, testing opportunities, and proximity to raw materials.''; (2) in subsection (d)-- (A) by striking ``Subject to applicable provisions of law, any'' and inserting ``Any''; and (B) by striking ``1 or more years'' and inserting ``up to 25 years''; and (3) by adding at the end the following: ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. SEC. 9. REPORT ON EMISSIONS OF FISCHER-TROPSCH PRODUCTS USED AS TRANSPORTATION FUELS. (a) In General.--In cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Defense, the Administrator of the Federal Aviation Administration, and the Secretary of Health and Human Services, the Secretary shall-- (1) carry out a research and demonstration program to evaluate the emissions of the use of Fischer-Tropsch fuel for transportation, including diesel and jet fuel; (2) evaluate the effect of using Fischer-Tropsch transportation fuel on land and air engine exhaust emissions; and (3) in accordance with subsection (e), submit to Congress a report on the effect on air quality and public health of using Fischer-Tropsch fuel in the transportation sector. (b) Guidance and Technical Support.--The Secretary shall issue any guidance or technical support documents necessary to facilitate the effective use of Fischer-Tropsch fuel and blends under this section. (c) Facilities.--For the purpose of evaluating the emissions of Fischer-Tropsch transportation fuels, the Secretary shall-- (1) support the use and capital modification of existing facilities and the construction of new facilities at the research centers designated in section 417 of the Energy Policy Act of 2005 (42 U.S.C. 15977); and (2) engage those research centers in the evaluation and preparation of the report required under subsection (a)(3). (d) Requirements.--The program described in subsection (a)(1) shall consider-- (1) the use of neat (100 percent) Fischer-Tropsch fuel and blends of Fischer-Tropsch fuels with conventional crude oil- derived fuel for heavy-duty and light-duty diesel engines and the aviation sector; and (2) the production costs associated with domestic production of those fuels and prices for consumers. (e) Reports.--The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives-- (1) not later than 180 days after the date of enactment of this Act, an interim report on actions taken to carry out this section; and (2) not later than 1 year after the date of enactment of this Act, a final report on actions taken to carry out this section. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.	Coal-to-Liquid Fuel Energy Act of 2007 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid facilities that use a feedstock, the majority of which is domestic coal resources, to produce at least 10,000 barrels a day of liquid transportation fuel. Instructs the Secretary of Energy (Secretary) to make loans for use by recipients to pay the federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of coal-to-liquid facilities. Directs the Secretary to promulgate regulations to support the development of coal-to-liquid manufacturing facilities and associated infrastructure on DOE and other federal lands, including military bases and military installations closed or realigned under the defense base closure and realignment. Amends the Energy Policy and Conservation Act to direct the Secretaries of Energy and of Defense to study and report to Congress on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve (Reserve). Authorizes the Secretary to construct storage facilities in the vicinity of pipeline infrastructure and at least one military base. Amends the Energy Policy and Conservation Act to authorize the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products in the Reserve. Authorizes the use of certain funds by the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use. Amends federal law governing Armed Forces fuel procurement to authorize the Secretary of Defense to enter into agreements with private companies to develop and operate coal-to-liquid facilities on or near military installations. Instructs the Secretary of Energy to implement a research and demonstration program to evaluate the emissions of the use of Fischer-Tropsch transportation fuel, including diesel and jet fuel.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bailout Prevention Act of 2015''. SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS. Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B)) is amended by striking clauses (ii) and (iii) and inserting the following: ``(ii)(I) The Board shall establish procedures to prohibit borrowing from programs and facilities by borrowers that are insolvent. A borrower shall not be eligible to borrow from any emergency lending program or facility unless the Board and all Federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last 4 months of relevant financial data and determining whether the fair value of the borrower's assets exceeds the fair value of the borrower's liabilities, with appropriate adjustment for temporary illiquidity in relevant markets. ``(II) A borrower shall be considered insolvent for purposes of this subparagraph if the borrower is-- ``(aa) in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), or any other Federal or State insolvency proceeding; or ``(bb) a bridge financial company (as defined in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381(a))) or a bridge depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)). ``(III) If the Board or any other banking regulator makes a certification of solvency, the Board or banking regulator, as applicable, shall issue a contemporaneous public statement providing a detailed explanation of the certification decision. ``(iii) A program or facility shall be considered a program or facility with broad-based eligibility only if not fewer than 5 companies are eligible to participate in the program or facility in a significant manner.''. SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT. Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is amended by adding at the end the following: ``(F) Any emergency lending under this paragraph shall be provided at an annual interest rate not less than 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. ``(G)(i) If the Board determines that the Board shall create an emergency lending program or facility that does not comply with the broad-based eligibility requirement described in subparagraph (B)(iii) or the penalty rate requirement described in subparagraph (F), the Board-- ``(I) may create such a program or facility; and ``(II) not later than 3 days after the date on which a program or facility is created under clause (i), shall submit to Congress a report that describes the reasons why the Board is unable to comply with any requirement described in the matter preceding subclause (I). ``(ii)(I) A program or facility created under clause (i)(I) shall terminate on the date that is 30 calendar days after the date on which Congress receives a report described in clause (i)(II) unless there is enacted into law a joint resolution approving the program or facility not later than 30 calendar days after the date on which the report is received. Any loan offered through the program or facility that are outstanding as of the date on which the facility is terminated shall be repaid in full not later than 30 calendar days after the date on which the program or facility is terminated. ``(II) For the purpose of this section, the term `joint resolution' means only a joint resolution-- ``(aa) that is introduced not later than 3 calendar days after the date on which the report referred to in clause (i)(I) is received by Congress; ``(bb) that does not have a preamble; ``(cc) the title of which is as follows: `Joint resolution relating to the approval of a program or facility created by the Board of Governors of the Federal Reserve System'; and ``(dd) the matter after the resolving clause of which is as follows: `That Congress approves the program or facility created by the Board of Governors of the Federal Reserve System on __________.' (The blank space being appropriately filled in). ``(III)(aa) Upon receipt of a report under subsection (a)(3), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such report. ``(bb) Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in clause (i)(II). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(cc) After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in clause (i)(II), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(dd) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(IV)(aa) Upon receipt of a report under clause (i)(II), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subparagraph, the Senate shall convene not later than the second calendar day after receipt of such message. ``(bb) Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. ``(cc)(AA) Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the fourth day after the date on which Congress receives a report described in clause (i)(II) and ending on the sixth day after the date on which Congress receives the report (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(BB) Debate on the joint resolution, 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 the majority and minority leaders or their designees. 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 joint resolution is not in order. ``(CC) The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(DD) Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(V)(aa) If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: ``(AA) The joint resolution of the other House shall not be referred to a committee. ``(BB) With respect to a joint resolution of the House receiving the resolution-- ``(CC) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(DD) the vote on passage shall be on the joint resolution of the other House. ``(bb) If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. ``(cc) If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(dd) If the President vetoes the joint resolution, the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 30- calendar day period described in subclause (I) and debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(ee) This subclause and subclauses (II), (III), and (IV) are enacted by Congress-- ``(AA) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(BB) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 4. REGULATION OF CERTAIN FINANCIAL HOLDING COMPANIES. (a) In General.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsection (o). (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 5 years after the date of enactment of this Act.	Bailout Prevention Act of 2015 This bill amends the Federal Reserve Act, with respect to the discounting of obligations arising out of actual commercial transactions, to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. A borrower shall be deemed insolvent for such purposes if it is a bridge financial company (organized by the Federal Deposit Insurance Corporation [FDIC] to resolve a covered financial company) or a bridge depository institution (a new national bank or federal savings association organized by the FDIC to assume the deposits of one or more insured depository institutions that are in default or in danger of default). The annual (penalty) interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement (that at least five companies be eligible to participate in it) or this penalty rate requirement, but only if Congress enacts a joint resolution of approval within 30 days. The Bank Holding Company Act of 1956 is amended to repeal the authorization for certain financial holding companies to engage in, or own or control shares of a company that is engaged in commodity trading, selling, or investing if certain requirements are met.
SECTION 1. SHORT TITLE. This Act may be cited as the ``No Exemption for Washington from Obamacare Act''. SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, and political appointees in the exchange.--''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and (B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall''; (3) in clause (ii)-- (A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and (B) by adding at the end the following: ``(III) Political appointee.--In this subparagraph, the term `political appointee' means any individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; or ``(dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy- determining, policy-making, or policy-advocating character.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. ``(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.''.	No Exemption for Washington from Obamacare Act Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2007'' or the ``CARE Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short Title; Table of Contents. Sec. 2. Revised Age Requirement for Child Agricultural Employment; Repeal of Waiver Provision for Hand Harvest Laborers. Sec. 3. Increased Civil Penalties for Child Labor Violations. Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor Violations. Sec. 5. Report to Congress on Work-Related Injuries to Children and Related Matters. Sec. 6. Employer Reporting Requirements. Sec. 7. Pesticide-Related Worker Protection Standard. Sec. 8. Application of Fair Labor Standards Amendments. SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS. (a) Revised Age Requirement.--Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(c)(1) The provisions of section 12 relating to child labor shall not apply to any employee under 16 years of age employed in agriculture, including in an agricultural occupation that the Secretary of Labor finds and declares to be particularly hazardous under section 3(l), if-- ``(A) the employee is employed by a parent of the employee or by a person standing in the place of the parent, on a farm owned or operated by the parent or person; and ``(B) the employment is outside of school hours for the school district where the employee is living while so employed.''. (b) Repeal of Waiver Provision.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraph (4). SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) in the first sentence by striking ``not to exceed $10,000'' and inserting ``not less than $500 and not more than $50,000''; and (2) by inserting after the first sentence the following new sentences: ``In the case of a violation under the preceding sentence that results in a serious lost-time work-related injury or a serious lost-time work-related illness (as such terms are defined in section 12A(c)) to an employee or results in the death of an employee, the civil penalty shall be not more than $50,000. In the case of a repeated or willful violation that results in a serious lost-time work-related injury or a serious lost-time work-related illness to an employee or results in the death of an employee, the civil penalty shall be not more than $100,000.''. SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR VIOLATIONS. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or contribute to the death or permanent disability of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than five years or a fine under title 18, United States Code, or both.''. SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. The Fair Labor Standards Act of 1938 is amended by inserting after section 12 (29 U.S.C. 212) the following new section: ``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. ``(a) Data Analysis.--Using the sources specified in subsection (b), the Secretary shall analyze data concerning children under the age of 18 who are employed in agriculture, and with respect to such children, each serious lost-time work-related injury, serious lost-time work-related illness, or work-related death. ``(b) Sources Specified.--The sources referred to in subsection (a) are the following: ``(1) Sources within the Department of Labor, including the Wage and Hour Division, the Bureau of Labor Statistics, and the Occupational Safety and Health Administration. ``(2) State employment security agencies and other relevant State agencies. ``(3) The National Institute for Occupational Safety and Health. ``(c) Definitions.--As used in this section: ``(1) The term `serious lost-time work-related injury' means, with respect to an employee under 18 years of age, a work-related injury which results in lost employment time for such employee of at least one work day. ``(2) The term `serious lost-time work-related illness' means, with respect to an employee under 18 years of age, a work-related illness which results in lost employment time for such employee of at least one work day. ``(d) Report.--The Secretary shall submit an annual report to Congress which shall include the following-- ``(1) a summary of the data collected by the Secretary under this section and section 12B; ``(2) an evaluation, based on such data, that reflects the status of child labor and related safety and health hazards; and ``(3) any information, based on such data, that leads the Secretary to believe that children under 18 years of age may have been employed in violation of section 12.''. SEC. 6. EMPLOYER REPORTING REQUIREMENTS. The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 12A, as added by section 5, the following new section: ``SEC. 12B EMPLOYER REPORTING REQUIREMENTS. ``(a) Report.--Not later than five days after an event specified under subsection (b), the employer involved in the event shall submit a report to the Secretary in accordance with subsection (c). ``(b) Events Specified.--An event referred to in subsection (a) is-- ``(1) a serious lost-time work-related injury to an employee under 18 years of age employed in agriculture; ``(2) the discovery of a serious lost-time work-related illness of an employee under 18 years of age employed in agriculture; or ``(3) a work-related death of an employee under 18 years of age employed in agriculture. ``(c) Contents of Report.--The report required by subsection (a) shall include-- ``(1) the name and address of the employer; ``(2) the name, address, and age of the employee; ``(3) details about the injury, illness, or death of the employee; and ``(4) such other information as the Secretary of Labor may by regulation prescribe. ``(d) Penalty for Failure to Report.--The Secretary may assess a civil penalty on any employer who fails to file a report as required by this section in an amount up to $7,000 per violation. ``(e) Definition.--As used in this section, the terms `serious lost-time work-related injury' and `serious lost-time work-related illness' have the meanings given those terms in section 12A.''. SEC. 7. PESTICIDE-RELATED WORKER PROTECTION STANDARD. (a) Incorporation of Worker Protection Standard in Child Labor Provisions.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue final rules to incorporate within the rules relating to the child labor provisions of section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations. If, after incorporating such standard, the standard in such part is revised, the Secretary shall, by rule, incorporate such revisions within the rules relating to the child labor provisions of section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212). (b) Reconciliation of Civil Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216), as amended by sections 3 and 4, is further amended by adding at the end the following new subsections: ``(g) The amount of a civil penalty imposed by the Secretary on a violator for a violation of section 12 of this Act may be offset by the Administrator of the Environmental Protection Agency against the amount of a civil penalty imposed by the Administrator for a violation of the worker protection standard promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) by the same violator if the Administrator determines that the violation of such standard involved the same conduct affecting the same child workers in whose interests the first civil penalty was imposed. ``(h) The amount of a civil penalty imposed by the Administrator of the Environmental Protection Agency on a violator for a violation of the worker protection standard promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) may be offset by the Secretary against the amount of a civil penalty imposed by the Secretary for a violation of section 12 of this Act by the same violator if the Secretary determines that the violation of such section involved the same conduct affecting the same child workers in whose interests the first civil penalty was imposed.''. SEC. 8. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS. (a) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue final rules to implement the amendments made by sections 2 through 6. The rules issued under this subsection shall take effect not later than 30 days after the date on which the final rules are published in the Federal Register. (b) Violations.--The amendments made by sections 3 and 4 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of Construction.--Nothing in the amendments made by section 3 or 4 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. (d) Employer Reporting Requirements.--The employer reporting requirements of section 12B of the Fair Labor Standards Act of 1938, as added by section 6, shall take effect on the date on which the final rules issued under subsection (a) take effect.	Children's Act for Responsible Employment of 2007 or the CARE Act of 2007 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment. Allows an exemption only if: (1) the agricultural employment of an individual under 16 occurs outside of school hours; and (2) such individual is employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Eliminates a waiver for hand-harvesting of certain crops. Increases civil and criminal penalties for child labor violations. Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries and illnesses, and deaths, of agricultural employees under 18 years of age. Incorporates into FLSA child labor requirements certain federal standards for protecting workers exposed to pesticides. Reconciles civil penalties for violations of such standards affecting child workers imposed by the Secretary under FLSA and by the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasonal Influenza and Pandemic Preparation Act of 2005''. SEC. 2. FREE INFLUENZA VACCINE PROGRAM. (a) Establishment.--The Secretary shall establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any Federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. (b) Participating Entities.-- (1) Reimbursement.--An entity described in subsection (a) that elects to provide vaccines to individuals through the program shall be reimbursed for the costs of administering such vaccines by the Secretary at the rate determined by the Secretary for such vaccine for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or at such higher rate, including cost-based reimbursement, as determined appropriate by the Secretary. Such reimbursement may include the costs of practice expenses or other costs associated with the administration of the influenza vaccine. (2) Limitation on charges.--An entity participating in the program shall not charge a co-payment or apply any other cost- sharing requirements associated with the administration of influenza vaccines, including any co-payment or other cost- sharing for the visit associated with the administration of such vaccine. (3) Voluntary participation.--Participation by an entity in the program shall be voluntary. (c) Public-Private Partnerships.-- (1) Grants.--The Secretary shall award grants to State and local health departments, public hospitals, Federally qualified health centers, and other entities to facilitate the establishment of influenza vaccination programs in partnership with private entities, including retail outlets, pharmacies, faith-based organizations, private employers, and others as determined appropriate by the Secretary. (2) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (3) Reimbursement.--An entity participating in a program under a grant under this subsection may request reimbursement from the Secretary under the program under subsection (a) in addition to the amounts received under the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $500,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (d) School Partnerships.-- (1) Grants to public entities.-- (A) In general.--The Secretary shall award grants to local health departments, public hospitals, Federally qualified health centers, and other entities to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions (including private institutions and Head Start programs). (B) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (2) Grants to schools.--The Secretary shall award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program. (3) Limitation on charges.--Any influenza vaccination provided to an individual under this subsection shall be at no cost to the individual. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $150,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (e) Immunization Plans.--The Secretary, under the programs under titles XVIII, XIX, and XXI of the Social Security Act, shall develop an immunization plan with immunization target numbers for the respective populations served under the program under each such title. The Secretary shall provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. SEC. 3. VOLUNTEER VACCINE CORPS. (a) Establishment.--The Secretary shall establish a Volunteer Vaccine Corps (referred to in this section as the ``Corps'') to facilitate the distribution and provision of vaccines to individuals under any voluntary influenza vaccination program established by a State or local entity. (b) Activation and Assignment of Members.-- (1) Activation.--The members of the Corps shall be activated by the Secretary upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act related to an influenza outbreak (including a seasonal outbreak). (2) Assignment.--Upon activation, members of the Corps shall be assigned to State and local entities to carry out the provisions of a State or local voluntary influenza vaccination program during such emergency. (3) Requests.--The Secretary may request members of the Corps from a State or territory to participate in the vaccination program of another State or territory. The Secretary shall enter into agreements with such States to accept licensure and certification from such other States for the purpose of carrying out activities under an influenza vaccination program. (c) Participation.-- (1) In general.--All duly licensed or certified health professionals, including retired health professionals, as determined appropriate by the Secretary, may participate in the Corps under procedures established by the Secretary and after passing an approved training course developed by the Secretary. (2) Database.--The Secretary, in cooperation and consultation with State and local entities, shall maintain a database of Corps members. Such database shall, with respect to each Corps member, include contact information, appropriate licensure or certification information, and other information the Secretary determines necessary to perform the activities of the Corps. (d) Training Grants.--The Secretary shall award grants to State and local public health departments, Federally qualified health centers, public and private hospitals, and other entities for the training of Corps members. (e) Liability.--Members of the Corps, when performing their duties under an activation and assignment by the Secretary under subsection (b) shall only be subject to liability for their actions under such assignment as provided for under the Federal Tort Claims Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. SEC. 4. PUBLIC OUTREACH. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish and implement a national public affairs campaign, to be carried out through radio, television, print, and other media and methods determined appropriate by the Secretary, to increase influenza immunization rates. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. SEC. 5. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the national voluntary influenza vaccination program established under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.	Seasonal Influenza and Pandemic Preparation Act of 2005 - Requires the Secretary of Health and Human Services to establish a national voluntary influenza vaccination program to provide free influenza vaccines. Requires the Secretary to reimburse participating entities for the cost of administering such vaccines. Requires the Secretary to award grants to health departments, public hospitals, federally qualified health centers, and other entities to facilitate: (1) the establishment of influenza vaccination programs in partnership with private entities; and (2) the development of influenza vaccination programs for students and families of students. Requires the Secretary to: (1) award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program; (2) develop an immunization plan with immunization target numbers for Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP); (3) provide bonus payments to eligible health care providers and other entities who meet such immunization targets; (4) establish a Volunteer Vaccine Corps to facilitate the distribution of vaccines during a public health emergency related to an influenza outbreak; (5) maintain a database of Corps members; and (6) award grants for the training of Corps members. Limits the liability of Corps members when performing their duties. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national public affairs campaign to increase influenza immunization rates.
SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY. (a) General Rules.-- (1) Rollover of airline payment amount.--If a qualified airline employee receives any airline payment amount and transfers any portion of such amount to a traditional IRA within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then such amount (to the extent so transferred) shall be treated as a rollover contribution described in section 402(c) of the Internal Revenue Code of 1986. A qualified airline employee making such a transfer may exclude from gross income the amount transferred, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. (2) Transfer of amounts attributable to airline payment amount following rollover to roth ira.--A qualified airline employee who made a rollover of an airline payment amount to a Roth IRA pursuant to section 125 of the Worker, Retiree, and Employer Recovery Act of 2008, may transfer to a traditional IRA all or any part of the Roth IRA attributable to such rollover, and the transfer to the traditional IRA will be deemed to have been made at the time of the rollover to the Roth IRA, if such transfer is made within 180 days of the date of the enactment of this Act. A qualified airline employee making such a transfer may exclude from gross income the airline payment amount previously rolled over to the Roth IRA, to the extent an amount attributable to the previous rollover was transferred to a traditional IRA, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. (3) Extension of time to file claim for refund.--A qualified airline employee who excludes an amount from gross income in a prior taxable year under paragraph (1) or (2) may reflect such exclusion in a claim for refund filed within the period of limitation under section 6511(a) (or, if later, April 15, 2011). (b) Treatment of Airline Payment Amounts and Transfers for Employment Taxes.--For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an airline payment amount shall not fail to be treated as a payment of wages by the commercial passenger airline carrier to the qualified airline employee in the taxable year of payment because such amount is excluded from the qualified airline employee's gross income under subsection (a). (c) Definitions and Special Rules.--For purposes of this section-- (1) Airline payment amount.-- (A) In general.--The term ``airline payment amount'' means any payment of any money or other property which is payable by a commercial passenger airline carrier to a qualified airline employee-- (i) under the approval of an order of a Federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and (ii) in respect of the qualified airline employee's interest in a bankruptcy claim against the carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount. The amount of such payment shall be determined without regard to any requirement to deduct and withhold tax from such payment under sections 3102(a) and 3402(a). (B) Exception.--An airline payment amount shall not include any amount payable on the basis of the carrier's future earnings or profits. (2) Qualified airline employee.--The term ``qualified airline employee'' means an employee or former employee of a commercial passenger airline carrier who was a participant in a defined benefit plan maintained by the carrier which-- (A) is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code, and (B) was terminated or became subject to the restrictions contained in paragraphs (2) and (3) of section 402(b) of the Pension Protection Act of 2006. (3) Traditional ira.--The term ``traditional IRA'' means an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) which is not a Roth IRA. (4) Roth ira.--The term ``Roth IRA'' has the meaning given such term by section 408A(b) of such Code. (d) Surviving Spouse.--If a qualified airline employee died after receiving an airline payment amount, or if an airline payment amount was paid to the surviving spouse of a qualified airline employee in respect of the qualified airline employee, the surviving spouse of the qualified airline employee may take all actions permitted under section 125 of the Worker, Retiree and Employer Recovery Act of 2008, or under this section, to the same extent that the qualified airline employee could have done had the qualified airline employee survived. (e) Effective Date.--This section shall apply to transfers made after the date of the enactment of this Act with respect to airline payment amounts paid before, on, or after such date.	Allows commercial airline employees who were participants in a tax-exempt defined benefit pension plan of a commercial airline that was terminated or otherwise restricted to transfer to a traditional individual retirement account (IRA) any amount received from the airline resulting from a bankruptcy proceeding filed after September 11, 2001, and before January 1, 2007. Excludes from the gross income of such employees any such amount received from an airline.
SECTION 1. INTERNATIONAL CLEAN TECHNOLOGY FUND. (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286- 286oo) is amended by adding at the end the following: ``SEC. 64. CLEAN TECHNOLOGY FUND. ``(a) Contribution Authority.-- ``(1) In general.--The Secretary of the Treasury may contribute on behalf of the United States $400,000,000 to a fund, as described in subsection (b) (in this section referred to as the `Clean Technology Fund'). ``(2) Limitations on authorization of appropriations.--For the contribution authorized by paragraph (1), there is authorized to be appropriated not more than $400,000,000 for fiscal year 2009. ``(b) Requirements.--The requirements of this subsection are as follows: ``(1) Administration.--The Clean Technology Fund is established and administered by the Bank. ``(2) Purpose.--The purpose of the Clean Technology Fund is to promote accelerated deployment in developing countries of technologies that will substantially reduce greenhouse gas emissions, by providing funds, primarily through multilateral development banks to promising projects in developing countries. ``(3) Coordination with the united nations framework convention on climate change.-- ``(A) In general.--The Clean Technology Fund is required to operate in a manner that is fully consistent and supportive of the United Nations Framework Convention on Climate Change (in this paragraph referred to as the `UNFCCC'). ``(B) Termination of operations.--The Bank is required to take necessary steps to conclude the operations of the Clean Technology Fund (including by not entering into new agreements for contributions to the Clean Technology Fund) on the commencement of operations of an international clean technology fund provided for by the UNFCCC, unless the outcome of the UNFCCC negotiations indicates otherwise. ``(4) Authority to hold undisbursed funds in interest- bearing accounts.--Pending disbursement from the Clean Technology Fund of amounts provided under this section, the Bank has the authority to hold the amounts in interest-bearing accounts of the Clean Technology Fund. ``(5) Limits on country access.-- ``(A) Distribution of fund resources.--The Clean Technology Fund is prohibited from providing more than approximately 15 percent of Fund resources to any 1 country. ``(B) Country eligibility.--In order for a country to be eligible for support from the Clean Technology Fund, the country must-- ``(i) submit to the governing body of the Clean Technology Fund an investment plan that will achieve substantial reductions in national-level greenhouse gas emissions; and ``(ii) in the case of a country classified by the Bank as `lower middle income' or above, based on gross national income per capita, contribute, from public funds, an amount equal to 25 percent of the cost of any project for which the country seeks assistance from the Clean Technology Fund-- ``(I) to the project; or ``(II) to the Clean Technology Fund. ``(6) Project and program requirements.-- ``(A) In general.--Support from the Clean Technology Fund is required to be used to cover the incremental costs of deploying clean energy technologies that result in substantial and additional reductions from baseline greenhouse gas emissions to the atmosphere. ``(B) Selection criteria.--Support from the Clean Technology Fund is required to be allocated with the principal objectives of-- ``(i) deploying `zero carbon' clean energy technologies, such as electricity generation from renewable sources; ``(ii) maximizing additional reductions of greenhouse emissions per dollar of support provided; ``(iii) catalyzing a shift within the host country towards widespread commercial deployment of clean energy technologies; and ``(iv) prioritizing clean technology investments to proven privately-owned enterprises, preferably small and medium-sized enterprises. ``(C) Limitations on coal-related projects.--The Clean Technology Fund is prohibited from providing support for any new coal-fired electricity generation facility unless-- ``(i) the facility utilizes-- ``(I) integrated gasification combined cycle or ultrasupercritical technology; or ``(II) another new technology (but not subcritical or supercritical technology) with an efficiency rating equal to or greater than the efficiency rating of the technologies referred to in subclause (I); ``(ii) the facility would not use the technology so utilized in the absence of support from the Clean Technology Fund; and ``(iii) the facility is specifically designed to accommodate retrofitting with carbon capture and storage technology when the technology becomes ready for commercial deployment. ``(D) Definitions.--For purposes of this paragraph: ``(i) Additional.--The term `additional' means the extent to which reductions in greenhouse gas emissions are incremental to business-as-usual, measured as the difference between-- ``(I) the baseline; and ``(II) net lifecycle greenhouse gas emissions resulting from a project or program, including, where practicable, effects beyond the physical boundaries of the project but associated with the project activity. ``(ii) Baseline.--The term `baseline' means the greenhouse gas emissions that would have occurred in the absence of a project or program. ``(iii) Clean energy technology.--The term `clean energy technology' means an energy supply technology or an end-use energy efficiency technology that, as compared with technologies being deployed at that time for widespread commercial use in the country involved-- ``(I) achieves substantial reductions in lifecycle emissions of greenhouse gases, calculated on an appropriate per unit basis; and ``(II) does not result in significant incremental adverse effects on public health or the environment. ``(iv) Greenhouse gas.--The term `greenhouse gas' means any of-- ``(I) carbon dioxide; ``(II) methane; ``(III) nitrous oxide; ``(IV) sulfur hexafluoride; ``(V) a hydrofluorocarbon; or ``(VI) a perfluorocarbon. ``(7) Transparency.--The Bank and the governing body of the Clean Technology Fund shall provide for maximum transparency in all aspects of the governance of the Clean Technology Fund, including-- ``(A) providing for broad-based input of stakeholders in the strategic directions, results, and impacts of the Clean Technology Fund, including through meetings of interested governments, multilateral development banks, United Nations agencies, the Global Environment Facility, other multilateral and bilateral climate programs, nongovernmental organizations, private sector entities and scientific and technical experts; ``(B) in the case of the governing body, engaging in an active dialogue with representatives of institutions with a mandate to promote investments in clean technology to address climate change, including by extending invitations of the institutions to attend meetings of the governing body as observers; and ``(C) in the case of the Bank, maintaining a clearly identified web site that includes all public information or links to information regarding the policies of the Clean Technology Fund, projects and programs supported by the Clean Technology Fund, minutes of the Trust Fund Committee meetings, annual reports of the Clean Technology Fund and other result measurement documents. ``(c) United States Votes on Fund Proposals and United States Policy on Environmental Assessments.--The Secretary of the Treasury shall-- ``(1) direct the United States representative in the entity that oversees the operations and activities of the Clean Technology Fund to use the voice and vote of the United States to oppose any proposal (including any loan, credit, grant, or guarantee) which would result in the Clean Technology Fund failing to meet the requirements of subsection (b)(3), (b)(5), (b)(6), or (b)(7) of this section; and ``(2) encourage all the multilateral development banks to apply environmental assessment procedures similar to those described in section 1307 of the International Financial Institutions Act (22 U.S.C. 262m-7) in their consideration and implementation of Clean Technology Fund proposals. ``(d) Coordination With the International Clean Energy Foundation.--The Secretary of the Treasury shall seek to ensure that the duties and activities of the Clean Technology Fund are complementary to the duties and activities of the International Clean Energy Foundation as established by section 922 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17352).''. (b) Report to the Congress.--Within 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to the Congress a report on the operations of any fund to which amounts made available under section 64 of the Bretton Woods Agreements Act are provided, including a description of-- (1) any projects for which amounts have been disbursed from the fund; (2) the effects expected by the Secretary of each such project (or, in the case of a project which has been implemented, the effects of the project) on the overall greenhouse gas emissions from the country in which the project is being carried out; (3) the criteria and methodology used to determine the eligibility of proposed projects for funding from the fund; (4) the progress made in commencing operations of the fund, including any remaining obstacles to the operations; and (5) any project for which amounts have been disbursed from the fund which support coal or coal-related technologies, and a justification for support for the project from the fund, including a description of-- (A) the transformational nature of the project; (B) how the project is consistent with the national low carbon strategy of the country involved; (C) the degree to which the project reduced greenhouse gas emissions; and (D) the degree to which the technology was a higher-cost technology relative to other available technologies. (c) Sense of the Congress.--It is the sense of the Congress that small and medium-sized enterprises-- (1) are an important source of technological innovation and economic development globally; (2) can and should play an important role in the dissemination and implementation of innovative clean technologies in developing countries; and (3) should be supported through any fund referred to in subsection (b). SEC. 2. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND USE OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL DEVELOPMENT BANKS. Title XIII of the International Financial Institutions Act (22 U.S.C. 26m--262m-7) is amended by adding at the end the following: ``SEC. 1308. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND USE OF GREENHOUSE GAS ACCOUNTING BY, THE MULTILATERAL DEVELOPMENT BANKS. ``(a) Use of Greenhouse Gas Accounting.--The Secretary of the Treasury shall seek to ensure that each multilateral development bank (as defined in section 1701(c)(4)) adopts and implements greenhouse gas (GHG) accounting in analyzing the benefits and costs of individual projects (excluding those with de minimus greenhouse gas emissions) for which funding is sought from the bank. ``(b) Sense of the Congress.--It is the sense of the Congress that adopting and implementing GHG accounting includes-- ``(1) calculating net GHG flows; ``(2) establishing uniform calculation techniques, with provision for modification as professional standards evolve; ``(3) making public the calculation techniques and the calculations; ``(4) measuring GHG emissions of individual projects, and considering global social costs of the emissions when evaluating the economic costs and benefits of the projects; and ``(5) performing GHG accounting for each project. ``(c) Expansion of Climate Change Mitigation Activities.--The Secretary of the Treasury shall work to ensure that the multilateral development banks (as defined in section 1701(c)(4) of the International Financial Institutions Act) expand their activities supporting climate change mitigation by-- ``(1) expending support for energy efficiency and renewable energy investments; ``(2) reviewing all proposed infrastructure investments to ensure all opportunities for integrating viable energy efficiency measures have been considered; and ``(3) increasing their dialogue with developing country governments on analysis and policy measures needed for low- carbon-emission economic development, including on reforms needed to promote private sector engagement in renewable and energy efficiency investments, and integrate low-carbon- emission economic development objectives into multilateral development bank country strategies. ``(d) Report to Congress.--Within 1 year after the date of the enactment of this section, and annually thereafter, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the status of efforts to implement this section.''.	Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to contribute to a Clean Technology Fund to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions. Requires that such Fund be established and administered by the International Bank for Reconstruction and Development (IBRD). Prohibits the Fund from providing more than approximately 15% of Fund resources to any one country. Sets forth requirements for a country to be eligible for support from the Fund, which shall be used to cover the incremental costs of deploying clean energy technologies that result in substantial and additional reductions from baseline greenhouse gas emissions. Prohibits the Fund from providing support for any new coal-fired electricity generation facility unless certain requirements are met. Requires transparency in all aspects of the governance of the Fund. Directs the Secretary to: (1) direct the U.S. representative to oppose any proposal that would result in the Fund failing to meet the requirements of this Act; (2) encourage all the multilateral development banks to apply environmental assessment procedures in their consideration of Fund proposals; and (3) ensure that the Fund complements the International Clean Energy Foundation. Amends the the International Financial Institutions Act to direct the Secretary to seek to ensure that multilateral development banks: (1) adopt and implement greenhouse gas accounting in analyzing the benefits and costs of all projects for which bank funding is sought; and (2) expand their activities supporting climate change mitigation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Cheyenne Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Northern Cheyenne Tribe has depended on its lands and land-based resources to support its way of life since time immemorial. (2) The Tribe has made supreme and historic sacrifices to repossess and maintain its homeland, including its Reservation in Montana. (3) The Tribe currently suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening its control over its land base, natural resources, and trust funds. (4) The Tribe and its members are currently the beneficial owners of over 95 percent of the surface lands on the Northern Cheyenne Reservation and all but approximately 5,000 subsurface acres of the Reservation. (5) The Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on its Reservation it does not own because of an error by the United States to secure that subsurface when the Reservation was expanded in 1900. (6) In 2002, the Tribe agreed by settlement to dismiss its lawsuit against the United States, which alleged that the United States failed to protect the Reservation from the impacts of coal development, in return for assistance in securing tribal ownership of those subsurface rights substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions. (7) To increase tribal ownership of the surface lands, the Tribe has purchased approximately 932 acres of land within its Reservation that were taken out of trust ownership status for various reasons. (8) The Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for its members, as well as for members of other tribes. (9) The Tribe now seeks to have the aforementioned lands and subsurface within the Reservation and Bear Butte lands taken into trust on its behalf by the United States. (10) If the actions authorized by this Act are completed, the Tribe will waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and arising out of the United States management of the Northern Cheyenne Trust Fund. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Northern Cheyenne Trust Fund identified in the June 7, 1999 Agreement Settling Certain Issues Relating to the Tongue River Dam Project which was entered into by the Tribe, the State of Montana, and delegates of the Secretary of the Interior, and managed by the Office of Special Trustee in the Department of the Interior. (2) Great northern properties.--The term ``Great Northern Properties'' means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership. (3) Permanent fund.--The term ``Permanent Fund'' means the Northern Cheyenne Tribe Permanent Fund managed by the Northern Cheyenne Tribe pursuant to the Plan for Investment, Management and Use of the Fund, as amended by vote of the Tribal membership on November 2, 2010. (4) Reservation.--The term ``Reservation'' means the Northern Cheyenne Reservation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST. Not later than 60 days after the date of the enactment of this Act, the Secretary shall take the approximately 1,568 acres of land depicted on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands'' and dated March 26, 2014, and on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26, 2014, into trust for the benefit of the Northern Cheyenne Tribe. SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST. (a) Completion of Mineral Conveyances.--Not later than 60 days after the date on which the Secretary receives the notification described in subsection (d), in a single transaction-- (1) Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Northern Cheyenne Reservation generally depicted as ``Great Northern Properties'' on the map entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated February 27, 2014; (2) the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as ``Bull Mountains'' and ``East Fork'' on the map entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated February 27, 2014; and (3) the Secretary shall ensure that the deed for the conveyance authorized by paragraph (2) shall include a covenant, running with the land-- (A) that precludes the coal conveyed from being mined by methods other than underground mining techniques until any surface owner (as defined in section 714 of Public Law 95-87 (30 U.S.C. 1304(e))) for any specific tract has given written consent to Great Northern Properties to enter such specific tract and commence surface mining; and (B) shall not create any property interest in the United States or any surface owner (as defined in section 714 of Public Law 95-87 (30 U.S.C. 1304(e))). (b) Trust Status.--Upon tribal request, the coal and iron ore mineral interests conveyed to the Tribe under this section shall be held in trust by the United States for the benefit of the Tribe. (c) Immunities.--The right, title, and interests conveyed to the Tribe under subsection (a)(1) shall not be subject to taxation by the State of Montana (including any political subdivision of the State of Montana). (d) Revenue Sharing Agreement.--Consistent with the Settlement Agreement entered into effective February 19, 2002, by the Montana State Board of Land Commissioners and the Tribe, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the Northern Cheyenne Federal Tracts in the event that the Northern Cheyenne Federal Tracts are developed at a later date. The Tribe shall notify the Secretary in writing that the revenue sharing agreement remains in effect. (e) Waiver of Legal Claims.--In return for the conveyances of mineral interests under subsection (a)-- (1) the Tribe shall waive any and all claims arising from the continuing failure of the United States to acquire the private coal and iron ore mineral interests identified in subsection (a)(1) in trust for the Tribe as part of the Reservation as directed by Congress in 1900; and (2) Great Northern Properties shall waive any claim against the United States relating to the value or completion of the conveyances under subsection (a). (f) Rescission of Mineral Conveyances.--If any portion of the mineral conveyances under subsection (a) is invalidated by a court of competent jurisdiction and the judgment of that court is not vacated or reversed on appeal-- (1) not later than 1 year after the date on which there is a final judgment, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under subsection (a); and (2) if the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under this section shall be considered to be rescinded. SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE. (a) Transfer of Fund.--Not later than 30 days after the date of the enactment of this Act, the Fund shall be transferred to the Tribe and deposited into the Tribe's Permanent Fund. (b) Permitted Uses of Fund.--The principal of the Fund, upon deposit in the Permanent Fund, shall be maintained in perpetuity, and the earnings of the Permanent Fund shall be used as provided in the Northern Cheyenne Tribe Permanent Fund Plan. (c) Waiver of Legal Claims.--In return for transfer of the Fund under subsection (a), the Tribe shall waive any and all claims arising from the United States management of the Fund. SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. No sums or other benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe.	Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,568 acres of land in Montana into trust for the Northern Cheyenne Tribe. Requires Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation in exchange for U.S. coal mineral interests underlying the land referred to as Bull Mountains and East Fork. Sets forth conditions on the conveyance to Great Northern Properties. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant that precludes surface mining of the coal unless certain conditions are met. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Sets forth conditions regarding waiver of claims by the Tribe and Great Northern Properties. Requires the Northern Cheyenne Trust Fund to be transferred to the Tribe in exchange for the Tribe waiving all of its claims arising from U.S. management of the Fund.
SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2007''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e).''; (2) in subsection (b)-- (A) by striking the subsection heading text and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) by amending paragraph (4) to read as follows: ``(4) award grants to pay for or train officers hired to perform intelligence, anti-terror, or homeland security duties;''; (D) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;''; (E) by striking paragraph (9); (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively; (G) by striking paragraph (13); (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively; (I) in paragraph (14), as so redesignated, by striking ``and'' at the end; (J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and (K) by adding at the end the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; ``(17) establish criminal gang enforcement task forces, consisting of members of Federal, State, and local law enforcement authorities (including Federal, State, and local prosecutors), for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders involved in local or multi-jurisdictional gang activities; and ``(18) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.''; (3) by striking subsection (c); (4) by striking subsections (h) and (i); (5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (6) by inserting after subsection (b) the following: ``(c) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community- oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who has been honorably discharged from the Armed Forces of the United States. ``(d) Community Prosecutors Program.--The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(e) Technology Grants.--The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (7) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; and (D) by adding at the end the following: ``(4) Exclusivity.--The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this paragraph.''; (8) in subsection (g), as so redesignated, by striking ``may utilize any component'', and all that follows and inserting ``shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (b)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)''; (10) in subsection (i), as so redesignated-- (A) by striking ``the Federal share shall decrease from year to year for up to 5 years'' and inserting ``unless the Attorney General waives the non-Federal contribution requirement as described in the preceding sentence, the non-Federal share of the costs of hiring or rehiring such officers may be less than 25 percent of such costs for any year during the grant period, provided that the non-Federal share of such costs shall not be less than 25 percent in the aggregate for the entire grant period, but the State or local government should make an effort to increase the non-Federal share of such costs during the grant period''; and (B) by adding at the end the following new sentence: ``The preceding sentences shall not apply with respect to any program, project, or activity provided by a grant made pursuant to subsection (b)(4).''; and (11) by adding at the end the following: ``(j) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.''. (b) Applications.--Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; and (B) in paragraph (8), by striking ``share of the cost'' and all that follows and inserting ``share of the costs during the grant period, how the applicant will maintain the increased hiring level of the law enforcement officers, and how the applicant will eventually assume responsibility for all of the costs for such officers;''; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--Except as provided in subsection (b), a grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) Grants for Hiring.--Grants made under this part for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, except that the Attorney General may waive such 5-year limitation for good cause. ``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a)-- (A) by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (B) by adding at the end the following new sentence: ``The preceding sentence shall not apply with respect to funds made available under this part by a grant made pursuant to subsection (a) for the purposes described in subsection (b)(4).''; and (2) by striking subsection (c). (e) Study of Program Effectiveness.--Section 1705 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is amended by adding at the end the following new subsection: ``(d) Study of Program Effectiveness.-- ``(1) In general.--The Attorney General shall provide for a scientific study of the effectiveness of the programs, projects, and activities funded under this part in reducing crime. ``(2) Study.--The Attorney General shall select one or more institutions of higher education, including historically Black colleges and universities, to conduct the study described in paragraph (1). ``(3) Reports.--Not later than 4 years after the date of the enactment of the COPS Improvements Act of 2007, the institution or institutions selected under paragraph (2) shall report the findings of the study described in paragraph (1) to the Attorney General. Not later than 30 days after the receipt of such report, the Attorney General shall report such findings to the appropriate committees of Congress, along with any recommendations the Attorney General may have relating to the effectiveness of the programs, projects, and activities funded under this part in reducing crime.''. (f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (g) Definitions.--Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by inserting ``who is a sworn law enforcement officer'' after ``permanent basis''. (h) Authorization of Appropriations.--Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``1,150,000,000 for each of fiscal years 2008 through 2013''; and (2) in subparagraph (B)-- (A) in the first sentence, by striking ``3 percent may be used for technical assistance under section 1701(d)'' and inserting ``5 percent may be used for technical assistance under section 1701(f)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).''. (i) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (j) COPS Program Improvements.-- (1) In general.--Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''. SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to Congress a report on the Public Safety and Community Policing (``COPS ON THE BEAT'') grant program authorized by part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), including the elements described in subsection (b). (b) Elements of Report.--The report submitted under subsection (a) shall include information on the following, with respect to the grant program described in such subsection: (1) The effect of the program on the rate of violent crime, drug offenses, and other crimes. (2) The degree to which State and local governments awarded a grant under the program contribute State and local funds, respectively, for law enforcement programs and activities. (3) Any waste, fraud, or abuse within the program. (c) Random Sampling Required.--For purposes of subsection (a), the Inspector General of the Department of Justice shall audit and review a random sampling of State and local law enforcement agencies. Such sampling shall include-- (1) law enforcement agencies of various sizes; (2) law enforcement agencies that serve various populations; and (3) law enforcement agencies that serve areas of various crime rates. Passed the House of Representatives May 15, 2007. Attest: LORRAINE C. MILLER, Clerk.	COPS Improvements Act of 2007 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for: (1) the hiring or training of law enforcement officers for intelligence, anti-terror, and homeland security duties; (2) the hiring of school resource officers; (3) school-based partnerships between local law enforcement agencies and schools to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools; (4) innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; (5) criminal gang enforcement task forces; and (6) enhanced community policing and crime prevention grants that meet emerging law enforcement needs. Allows COPS program grants to be used to hire former members of the Armed Forces to serve as career law enforcement officers for community-oriented policing, particularly in communities adversely affected by a recent military base closing. Authorizes the Attorney General to make grants to: (1) assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and (2) develop new technologies to assist state and local law enforcement agencies in crime prevention. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program. Authorizes the Attorney General to renew COP program grants if grant recipients can demonstrate significant progress in achieving the objectives of the initial grant application. Requires the Attorney General to select one or more institutions of higher education, including historically Black colleges and universities, to conduct a scientific study of the effectiveness of the programs, projects, and activities funded by the COPS program. Requires such institutions to report on on their studies to the Attorney General not later than four years after the enactment of this Act. Requires the Attorney General to report to Congress on such studies. Increases and extends through FY2013 the authorization of appropriations for the COPS program. Increases from 3 to 5% the amount of funds available for technical assistance. Specifies amounts to be made available for hiring officers and prosecutors, and for technology grants. (Sec. 3) Requires the Inspector General of the Department of Justice to report to Congress on the COPS program, including information on: (1) the effect of the program on the rate of violent crime, drug offenses, and other crimes; (2) the degree to which state and local governments awarded a COPS grant contribute funds for law enforcement programs and activities; and (3) any waste, fraud, or abuse in the program. Requires the Inspector General to audit and review a random sampling of state and local law enforcement agencies in preparing such report.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackie Robinson Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson and the legacy that Jackie Robinson left to society, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of Jackie Robinson and his contributions to major league baseball and to society. (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 Jackie Robinson Foundation (hereafter in this Act referred to as the ``Foundation'') and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on April 15, 1997, and ending on April 15, 1998. 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.--Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Foundation for the purposes of-- (1) enhancing the programs of the Foundation in the fields of education and youth leadership skills development; and (2) increasing the availability of scholarships for economically disadvantaged youths. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the Foundation unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the Foundation submits an audited financial statement which demonstrates to the satisfaction of the Secretary of the Treasury that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the Foundation has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the Foundation may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The Foundation shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the Foundation, of all such payments to the Foundation beginning in the first fiscal year of the Foundation in which any such amount is received and continuing until all such amounts received by the Foundation with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the Foundation pursuant to paragraph (1) shall report-- (A) the amount of payments received by the Foundation during the fiscal year of the Foundation for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted; and (C) whether all expenditures by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted were for authorized purposes. (3) Responsibility of foundation to account for expenditures of surcharges.--The Foundation shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the Foundation in each fiscal year of the Foundation can be accounted for separately from all other revenues and expenditures of the Foundation. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the Foundation for which an audit is required under paragraph (1), the Foundation shall-- (A) submit a copy of the report to the Secretary of the Treasury; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The Foundation may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary of the Treasury may waive the application of any paragraph of this subsection to the Foundation for any fiscal year after taking into account the amount of surcharges which such Foundation received or expended during such year. (7) Availability of books and records.--The Foundation shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the Foundation, or by any independent public accountant who audited the Foundation in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the Foundation. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the Foundation from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the Foundation to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act.	Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer-Employee Cooperation Act of 2003''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communication, bilateral consensual problem solving, and shared accountability. Labor- management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team, to carry out the public safety mission in a quality work environment. In many public safety agencies it is the union that provides the institutional stability as elected leaders and appointees come and go. (2) The Federal Government needs to encourage conciliation, mediation, and voluntary arbitration to aid and encourage employers and their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts through negotiations to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. (3) The absence of adequate cooperation between public safety employers and employees has implications for the security of employees and can affect interstate and intrastate commerce. The lack of such labor-management cooperation can detrimentally impact the upgrading of police and fire services of local communities, the health and well-being of public safety officers, and the morale of the fire and police departments. Additionally, these factors could have significant commercial repercussions. Moreover, providing minimal standards for collective bargaining negotiations in the public safety sector can prevent industrial strife between labor and management that interferes with the normal flow of commerce. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Federal Labor Relations Authority. (2) Emergency medical services personnel.--The term ``emergency medical services personnel'' means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (3) Employer; public safety agency.--The terms ``employer'' and ``public safety agency'' mean any State, political subdivision of a State, the District of Columbia, or any territory or possession of the United States that employs public safety officers. (4) Firefighter.--The term ``firefighter'' has the meaning given the term ``employee engaged in fire protection activities'' in section 3(y) of the Fair Labor Standards Act (29 U.S.C. 203(y)). (5) Labor organization.--The term ``labor organization'' means an organization composed in whole or in part of employees, in which employees participate, and which represents such employees before public safety agencies concerning grievances, conditions of employment and related matters. (6) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given such term in section 1204(5) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5)). (7) Management employee.--The term ``management employee'' has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (8) Public safety officer.--The term ``public safety officer''-- (A) means an employee of a public safety agency who is a law enforcement officer, a firefighter, or an emergency medical services personnel; (B) includes an individual who is temporarily transferred to a supervisory or management position; and (C) does not include a permanent supervisory or management employee. (9) Substantially provides.--The term ``substantially provides'' means compliance with the essential requirements of this Act, specifically, the right to form and join a labor organization, the right to bargain over wages, hours, and conditions of employment, the right to sign an enforceable contract, and availability of some form of mechanism to break an impasse, such as arbitration, mediation, or fact finding. (10) Supervisory employee.--The term ``supervisory employee'' has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a public safety employer, who-- (A) has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public safety officers, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (B) devotes a majority of time at work exercising such authority. SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES. (a) Determination.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Authority shall make a determination as to whether a State substantially provides for the rights and responsibilities described in subsection (b). In making such determinations, the Authority shall consider and give weight, to the maximum extent practicable, to the opinion of affected parties. (2) Subsequent determinations.-- (A) In general.--A determination made pursuant to paragraph (1) shall remain in effect unless and until the Authority issues a subsequent determination, in accordance with the procedures set forth in subparagraph (B). (B) Procedures for subsequent determinations.--Upon establishing that a material change in State law or its interpretation has occurred, an employer or a labor organization may submit a written request for a subsequent determination. If satisfied that a material change in State law or its interpretation has occurred, the Director shall issue a subsequent determination not later than 30 days after receipt of such request. (3) Judicial review.--Any State, political subdivision of a State, or person aggrieved by a determination of the Authority under this section may, during the 60 day period beginning on the date on which the determination was made, petition any United States Court of Appeals in the circuit in which the person resides or transacts business or in the District of Columbia circuit, for judicial review. In any judicial review of a determination by the Authority, the procedures contained in subsections (c) and (d) of section 7123 of title 5, United States Code, shall be followed, except that any final determination of the Authority with respect to questions of fact or law shall be found to be conclusive unless the court determines that the Authority's decision was arbitrary and capricious. (b) Rights and Responsibilities.--In making a determination described in subsection (a), the Authority shall consider whether State law provides rights and responsibilities comparable to or greater than the following: (1) Granting public safety officers the right to form and join a labor organization, which may exclude management and supervisory employees, that is, or seeks to be, recognized as the exclusive bargaining representative of such employees. (2) Requiring public safety employers to recognize the employees' labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding. (3) Permitting bargaining over hours, wages, and terms and conditions of employment. (4) Requiring an interest impasse resolution mechanism, such as fact-finding, mediation, arbitration or comparable procedures. (5) Requiring enforcement through State courts of-- (A) all rights, responsibilities, and protections provided by State law and enumerated in this section; and (B) any written contract or memorandum of understanding. (c) Failure To Meet Requirements.-- (1) In general.--If the Authority determines, acting pursuant to its authority under subsection (a), that a State does not substantially provide for the rights and responsibilities described in subsection (b), such State shall be subject to the regulations and procedures described in section 5. (2) Effective date.--Paragraph (1) shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Authority shall issue regulations in accordance with the rights and responsibilities described in section 4(b) establishing collective bargaining procedures for public safety employers and officers in States which the Authority has determined, acting pursuant to its authority under section 4(a), do not substantially provide for such rights and responsibilities. (b) Role of the Federal Labor Relations Authority.--The Authority, to the extent provided in this Act and in accordance with regulations prescribed by the Authority, shall-- (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; (5) resolve exceptions to the awards of arbitrators; (6) protect the right of each employee to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and protect each employee in the exercise of such right; and (7) take such other actions as are necessary and appropriate to effectively administer this Act, including issuing subpoenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States, and administering oaths, taking or ordering the taking of depositions, ordering responses to written interrogatories, and receiving and examining witnesses. (c) Enforcement.-- (1) Authority to petition court.--The Authority may petition any United States Court of Appeals with jurisdiction over the parties, or the United States Court of Appeals for the District of Columbia Circuit, to enforce any final orders under this section, and for appropriate temporary relief or a restraining order. Any petition under this section shall be conducted in accordance with subsections (c) and (d) of section 7123 of title 5, United States Code, except that any final order of the Authority with respect to questions of fact or law shall be found to be conclusive unless the court determines that the Authority's decision was arbitrary and capricious. (2) Private right of action.--Unless the Authority has filed a petition for enforcement as provided in paragraph (1), any party has the right to file suit in a State court of competent jurisdiction to enforce compliance with the regulations issued by the Authority pursuant to subsection (b), and to enforce compliance with any order issued by the Authority pursuant to this section. The right provided by this subsection to bring a suit to enforce compliance with any order issued by the Authority pursuant to this section shall terminate upon the filing of a petition seeking the same relief by the Authority. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. A public safety employer, officer, or labor organization may not engage in a lockout, sickout, work slowdown, or strike or engage in any other action that is designed to compel an employer, officer, or labor organization to agree to the terms of a proposed contract and that will measurably disrupt the delivery of emergency services, except that it shall not be a violation of this section for an employer, officer, or labor organization to refuse to provide services not required by the terms and conditions of an existing contract. SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. A certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents (management officials) in effect on the day before the date of enactment of this Act shall not be invalidated by the enactment of this Act. SEC. 8. CONSTRUCTION AND COMPLIANCE. (a) Construction.--Nothing in this Act shall be construed-- (1) to invalidate or limit the remedies, rights, and procedures of any law of any State or political subdivision of any State or jurisdiction that provides collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act; (2) to prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) to invalidate any State law in effect on the date of enactment of this Act that substantially provides for the rights and responsibilities described in section 4(b) solely because such State law permits an employee to appear on his or her own behalf with respect to his or her employment relations with the public safety agency involved; or (4) to permit parties subject to the National Labor Relations Act (29 U.S.C. 151 et seq.) and the regulations under such Act to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; or (5) to prohibit a State from exempting from coverage under this Act a political subdivision of the State that has a population of less than 5,000 or that employs less than 25 full time employees. For purposes of paragraph (5), the term ``employee'' includes each and every individual employed by the political subdivision except any individual elected by popular vote or appointed to serve on a board or commission. (b) Compliance.--No State shall preempt laws or ordinances of any of its political subdivisions if such laws provide collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.	Public Safety Employer-Employee Cooperation Act of 2003 - Provides collective bargaining rights for public safety officers employed by States or local governments. (Sec. 2) Sets forth a declaration of U.S. policy regarding the need for: (1) labor-management cooperation in public safety agencies; (2) encouraging conciliation, mediation, and voluntary arbitration to help public safety employers and employees reach and maintain agreements concerning pay rates, hours, and working conditions, and to negotiate to settle differences by mutual agreement reached though collective bargaining or other methods provided in an agreement for dispute settlement; and (3) providing minimal standards for collective bargaining negotiations in the public safety sector. (Sec. 4) Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sick-outs, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 8) Provides that nothing in this Act shall be construed to: (1) invalidate or limit the remedies, rights, and procedures of any State or local law that provides collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act; (2) prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) invalidate any State law in effect on the date of enactment of this Act that substantially provides for the rights and responsibilities specified by this Act solely because such State law permits employees to appear on their own behalf with respect to their employment relations with the public safety agency involved; (4) permit parties subject to the National Labor Relations Act and its regulations to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; or (5) prohibit a State from exempting from coverage under this Act a local government that serves a population of less than 5,000 or that employs less than 25 full-time employees (not including individuals elected by popular vote or appointed to serve on a board or commission). Prohibits any State from preempting local government laws or ordinances that provide collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act. (Sec. 9) Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Price Gouging Act of 2005''. SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended-- (1) by redesignating sections 25 and 26 (15 U.S.C. 57c, 58) as sections 26 and 27, respectively; and (2) by inserting after section 24 (15 U.S.C. 57b-5) the following: ``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS. ``(a) Definitions.--In this section: ``(1) Affected area.--The term `affected area' means an area affected by a major disaster declared by the President under Federal law in existence on the date of enactment of this subsection. ``(2) Price gouging.--The term `price gouging' means the charging of an unconscionably excessive price by a supplier in an affected area. ``(3) Supplier.--The term `supplier' means any person that sells gasoline or diesel fuel for resale or ultimate consumption. ``(4) Unconscionably excessive price.--The term `unconscionably excessive price' means a price charged in an affected area for gasoline or diesel fuel that-- ``(A) represents a gross disparity, as determined by the Commission in accordance with subsection (e), between the price charged for gasoline or diesel fuel and the average price of gasoline or diesel fuel charged by suppliers in the affected area during the 30-day period immediately before the President declares the existence of a major disaster; and ``(B) is not attributable to increased wholesale or operational costs incurred by the supplier in connection with the sale of gasoline or diesel fuel. ``(b) Determination of the Commission.--Following the declaration of a major disaster by the President, the Commission shall-- ``(1) consult with the Attorney General, the United States Attorney for the district in which the disaster occurred, and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for gasoline or diesel fuel provided in the affected area; and ``(2) establish within the Commission-- ``(A) a toll-free hotline that a consumer may call to report an incidence of price gouging in the affected area; and ``(B) a program to develop and distribute to the public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. ``(c) Price Gouging Involving Disaster Victims.-- ``(1) Offense.--During the 180-day period after the date on which a major disaster is declared by the President, no supplier shall sell, or offer to sell, gasoline or diesel fuel in an affected area at an unconscionably excessive price. ``(2) Action by commission.-- ``(A) In general.--During the period described in paragraph (1), the Commission shall conduct investigations to determine whether any supplier in an affected area is in violation of paragraph (1). ``(B) Positive determination.--If the Commission determines under subparagraph (A) that a supplier is in violation of paragraph (1), the Commission shall take any action the Commission determines to be appropriate to remedy the violation. ``(3) Civil penalties.--A supplier that commits an offense described in paragraph (1) may, in a civil action brought in a court of competent jurisdiction, be subject to-- ``(A) a civil penalty of not more than $500,000; ``(B) an order to pay special and punitive damages; ``(C) an order to pay reasonable attorney's fees; ``(D) an order to pay costs of litigation relating to the offense; ``(E) an order for disgorgement of profits earned as a result of a violation of paragraph (1); and ``(F) any other relief determined by the court to be appropriate. ``(4) Criminal penalty.--A supplier that knowingly commits an offense described in paragraph (1) shall be imprisoned not more than 1 year. ``(5) Action by victims.--A person, Federal agency, State, or local government that suffers loss or damage as a result of a violation of paragraph (1) may bring a civil action against a supplier in any court of competent jurisdiction for disgorgement, special or punitive damages, injunctive relief, reasonable attorney's fees, costs of the litigation, and any other appropriate legal or equitable relief. ``(6) Action by state attorneys general.--An attorney general of a State, or other authorized State official, may bring a civil action in the name of the State, on behalf of persons residing in the State, in any court of competent jurisdiction for disgorgement, special or punitive damages, reasonable attorney's fees, costs of litigation, and any other appropriate legal or equitable relief. ``(7) No preemption.--Nothing in this section preempts any State law. ``(d) Report.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing-- ``(1) the number of price gouging complaints received by the Commission for each major disaster declared by the President during the preceding year; ``(2) the number of price gouging investigations of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(3) the number of enforcement actions of the Commission initiated, in progress, and completed as of the date on which the report is prepared; ``(4) an evaluation of the effectiveness of the toll-free hotline and program established under subsection (b)(2); and ``(5) recommendations for any additional action with respect to the implementation or effectiveness of this section. ``(e) Definition of Gross Disparity.--Not later than 180 days after the date of enactment of this subsection, the Commission shall promulgate regulations to define the term `gross disparity' for purposes of this section.''. SEC. 3. EFFECT OF ACT. Nothing in this Act, or an amendment made by this Act, affects any authority of the Federal Trade Commission in existence on the date of enactment of this Act with respect to price gouging actions.	Price Gouging Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following the declaration of a major disaster by the President in order to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging. Prohibits unconscionably excessive prices for any gasoline or diesel fuel in an affected area during the 180-day period after the date on which a major disaster is declared by the President. Subjects violations of this Act to specified civil and criminal penalties. Authorizes victims and state Attorneys General to bring a civil action against violators of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Partnership Program Enhancement Act of 2015''. SEC. 2. MODIFICATION AND EXTENSION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM. (a) Authority.--Subsection (a)(1) of section 1205 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 897; 32 U.S.C. 107 note) is amended-- (1) by striking ``whose primary functions include disaster response or emergency response,''; and (2) by adding at the end before the period the following: ``to support the national interests and security cooperation goals and objectives of the United States as defined by the current and evolving national global strategic policies of the United States''. (b) Limitation.--Subsection (b) of such section is amended by striking ``whose primary functions include disaster response or emergency response''. (c) Regulations.--Subsection (c) of such section is amended to read as follows: ``(c) Regulations.-- ``(1) Role of chief of the national guard bureau.--The Chief of the National Guard Bureau shall-- ``(A) establish, maintain, and update as appropriate a list of core competencies of the National Guard to support each program established under subsection (a), collectively and for each State and territory, and shall submit to the Secretary of Defense and the Secretary of State the list of core competencies of the National Guard and additional information needed to make use of such core competencies; and ``(B) designate a director for each State and territory who shall be responsible for the conduct of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program. ``(2) Role of secretary of defense.--The Secretary of Defense shall ensure that regulations to carry out this section include planning, coordinating, and execution requirements with the commanders of applicable combatant commands and that activities under a program established under subsection (a) meet the relevant theater security cooperation objectives. ``(3) Role of secretary of state.--The Secretary of State shall ensure that the regulations to carry out this section include planning, coordinating, and execution requirements with the relevant chiefs of mission and that activities under a program established under subsection (a) meet the diplomatic objectives of the Department of State.''. (d) National Guard State Partnership Program Fund.--Subsection (d) of such section is amended to read as follows: ``(d) National Guard State Partnership Program Fund.-- ``(1) Establishment.--There is hereby established on the books of the Treasury the National Guard State Partnership Program Fund (in this subsection referred to as the `Fund'). ``(2) Credits to fund.--There shall be credited to the Fund the following: ``(A) Amounts authorized for and appropriated to the Fund. ``(B) Amounts that the Secretary of Defense transfers, in such amounts as provided in appropriations Acts, to the Fund from amounts authorized and appropriated to the Department of Defense, including amounts authorized to be appropriated for the Army National Guard and the Air National Guard. ``(3) Use of amounts in fund.--In such amounts as provided in appropriations Acts, the Secretary of Defense may use amounts in the Fund-- ``(A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a), including costs for personnel, training, operations, and equipment; and ``(B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a). ``(4) Limitations.-- ``(A) Active duty requirement.--Amounts shall not be available under paragraph (3) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation. ``(B) Incremental expenses.--The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (3)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.''. (e) Annual Report.--Subsection (e) of such section is amended-- (1) by striking ``(e) Reports and Notifications.--'' and all that follows through ``(B) Matters to be included.--'' and inserting the following: ``(e) Annual Report.-- ``(1) In general.--Not later than January 31 of each year following a fiscal year in which activities under a program established under subsection (a) are carried out, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on such activities under the program. ``(2) Matters to be included.--''; (2) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and adjusting the margin of such subparagraphs, as so redesignated, two ems to the left; and (3) in paragraph (2) (as redesignated)-- (A) in subparagraph (C) (as redesignated), by inserting ``or other government organizations'' after ``and security forces''; (B) in subparagraph (D) (as redesignated), by adding at the end before the period the following: ``or chief of mission''; (C) in subparagraph (E) (as redesignated), by adding at the end before the period the following: ``or how the activities support the chief of mission with responsibilities for the country in which the activities occurred''; and (D) by adding at the end the following: ``(F) A performance review of activities conducted during the previous year using metrics developed by the Chief of the National Guard Bureau.''. (f) Definitions.--Subsection (g) of such section is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: ``(2) Core competencies.--The term `core competencies' or `core competencies of the National Guard' means military-to- military and military-to-civilian skills and capabilities of the National Guard that would contribute the purpose of the program established under subsection (a).''; and (3) by adding at the end the following: ``(4) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (g) Repeal of Termination.--Such section is further amended by striking subsection (i).	State Partnership Program Enhancement Act of 2015 Amends the National Defense Authorization Act for Fiscal Year 2014 to revise and extend indefinitely the authority of the Department of Defense (DOD) to establish exchange programs for members of the National Guard under the National Guard State Partnership Program (SPP). (Currently, the authority is scheduled to terminate on September 30, 2016.) Requires the National Guard Bureau to: (1) maintain a list of core competencies of the National Guard to support SPP activities, and (2) designate a director for each state and territory. Requires DOD to coordinate SPP regulations with combatant commanders to ensure that program activities meet theater security cooperation objectives. Requires the Department of State to coordinate such regulations with relevant chiefs of mission to meet diplomatic objectives. Establishes the National Guard State Partnership Program Fund in the Treasury, into which appropriated amounts shall be credited and transferred for program activity uses, including payment of costs for personnel, training, operations, and equipment.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2008'' or the ``HEATR Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2009, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2009, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2009 by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2009 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2008, exceeds ``(ii) the CPI fuel component for October of 2007. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2010.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.	Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Unemployment Compensation Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of the Temporary Extended Unemployment Compensation Act of 2002. Sec. 3. Entitlement to additional weeks of temporary extended unemployment compensation. Sec. 4. Application of revised rate of insured unemployment. Sec. 5. Additional TEUC extended benefit period trigger. Sec. 6. Additional weeks of benefits for workers in high unemployment States. Sec. 7. Effective date. SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) Six-Month Extension of Program.--Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before July 1, 2003. ``(b) Transition.--In the case of an individual who is receiving temporary emergency unemployment compensation for the week which immediately precedes July 1, 2003, temporary emergency unemployment compensation shall continue to be payable to such individual for any week thereafter from the account from which such individual received compensation for the week which includes such termination date. No compensation shall be payable by reason of the preceding sentence for any week beginning after October 14, 2003.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21). SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended to read as follows: ``(1) In general.--The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.''. SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT. Section 207 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended-- (1) by striking ``In this title, the terms'' and inserting the following: ``In this title: ``(1) General definitions.--The terms''; and (2) by adding at the end the following new paragraph: ``(2) Adjusted insured unemployment rate.--For weeks of unemployment beginning on or after the date of enactment of the Emergency Unemployment Compensation Act of 2002, the term `rate of insured unemployment' has the meaning given that term in section 203(e)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), except that individuals exhausting their right to regular compensation during the most recent 3 calendar months for which data are available before the close of the period for which such rate is being determined shall be taken into account as if they were individuals filing claims for regular compensation for each week during the period for which such rate is being determined.''. SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER. (a) In General.--Section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended by adding at the end the following new paragraph: ``(3) Additional extended benefit period trigger.-- ``(A) In general.--Effective with respect to compensation for weeks of unemployment beginning on or after the date of enactment of the Emergency Unemployment Compensation Act of 2002, an agreement under this title shall provide that, in addition to any other extended benefit period trigger, for purposes of beginning or ending any extended benefit period under this section-- ``(i) there is a State `on' indicator for a week if-- ``(I) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or exceeds 6 percent; and ``(II) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; and ``(ii) there is a State `off' indicator for a week if either the requirements of subclause (I) or (II) of clause (i) are not satisfied. ``(B) No effect on other determinations.-- Notwithstanding the provisions of any agreement described in subparagraph (A), any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator. ``(C) Determinations made by the secretary.--For purposes of this subsection, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustment) shall be made by the Secretary.''. (b) Conforming Amendment.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''. SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT STATES. Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended by striking ``an amount equal to the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's weekly benefit amount for the benefit year''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to weeks of unemployment beginning on or after the date of enactment this Act.	Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Advances in scientific knowledge reveal that our nearest living relatives, great apes (including chimpanzees, bonobos, gorillas, orangutans and gibbons), bear an exceedingly close genetic relationship to humans. (2) Great apes are highly intelligent and social animals and research laboratory environments involving invasive research cannot meet their complex social and psychological needs. (3) Confinement of great apes for purposes of invasive research causes these intelligent and sentient animals to experience harmful stress and suffering, such as profound depression and withdrawal, self mutilation that can result in physical wounding, hair pulling, rocking, and other traumatized or psychotic behaviors. (4) Invasive research performed on great apes, and the breeding of great apes for these purposes, are economic in nature and substantially affect interstate commerce. (5) The majority of invasive research and testing conducted on great apes in the United States is for the end purpose of developing drugs, pharmaceuticals, and other products to be sold in the interstate market. (6) The total costs associated with great ape research have a direct economic impact on interstate commerce. (7) Care in a research laboratory for a single great ape over the lifespan of the great ape of more than 50 years can cost between $300,000 and $500,000, compared to an approximate cost of $275,000 for high quality care in a sanctuary. (8) An overwhelming majority of invasive research procedures performed on great apes involve some element of interstate commerce, such that great apes, equipment, and researchers have traveled across state lines. (9) The regulation of animals and activities as provided in this Act are necessary to effectively regulate interstate and foreign commerce. (10) Australia, Austria, Japan, the Netherlands, New Zealand, Sweden, and the United Kingdom have banned or severely limited experiments on great apes and several other countries and the European Union are considering similar bans as well. (11) The National Research Council (NRC) report entitled ``Chimpanzees in Research and Strategies for their Ethical Care, Management, and Use,'' concluded that-- (A) there is a ``moral responsibility'' for the long-term care of chimpanzees used for scientific research; (B) there should be a moratorium on further chimpanzee breeding; (C) euthanasia as a means of general chimpanzee population control is unacceptable; and (D) sanctuaries should be created to house chimpanzees in a manner consistent with high standards of lifetime care, social enrichment, and cognitive development. (12) In December 2000, the Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act was signed into law, requiring the Federal Government to provide for permanent ``retirement'' of chimpanzees who are identified ``as no longer being needed in research''. (13) In May 2007, the National Institutes of Health's National Center for Research Resources' (NCRR) decided to permanently end funding for the breeding of Government-owned chimpanzees for research. (b) Purposes.--The purpose of this Act is to-- (1) prohibit invasive research and the funding of such research both within and outside of the United States on great apes; (2) prohibit the transport of great apes for purposes of invasive research; (3) prohibit the breeding of great apes for purposes of invasive research; and (4) require the permanent retirement of federally owned great apes. SEC. 3. PROHIBITIONS. (a) Invasive Research Prohibition.--No person shall conduct invasive research on a great ape. (b) Federal Funding Prohibition.--No Federal funds may be used to conduct invasive research on a great ape. (c) Transport Prohibition.--No person shall knowingly import, export, transport, move, deliver, receive, possess, rent, loan, purchase, or sell a great ape for the purpose of conducting invasive research on such great ape. (d) Breeding Prohibition.--No person shall breed a great ape for use in invasive research. (e) Exemption.--Nothing in this Act shall be construed to limit or prevent individualized medical care performed on a great ape by a licensed veterinarian for the benefit of the great ape. SEC. 4. RETIREMENT. (a) In General.--Subject to subsection (b), the Secretary of Health and Human Services shall provide for the permanent retirement of all great apes owned or under the control of the Federal Government that have been used for invasive research. (b) Exception.--The Secretary of Health and Human Services may provide for the euthanizing of a great ape owned or under the control of the Federal Government that has been used for invasive research if euthanasia is in the best interests of such great ape, as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian. SEC. 5. DEFINITIONS. In this Act: (a) Great Ape.--The term ``great ape'' includes a chimpanzee, gorilla, bonobo, orangutan, or gibbon. (b) Invasive Research.--The term ``invasive research''-- (1) means any experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to a great ape, including-- (A) the testing of any drug or intentional exposure to a substance that may be detrimental to the health of a great ape; (B) research that involves penetrating or cutting the body or removing body parts, restraining, tranquilizing, or anesthetizing a great ape; or (C) isolation, social deprivation, or other experimental physical manipulations that may be detrimental to the health or psychological well-being of a great ape; and (2) does not include-- (A) close observation of natural or voluntary behavior of a great ape, provided that the research does not require removal of the great ape from the social group or environment of such great ape or require an anesthetic or sedation event to collect data or record observations; or (B) post-mortem examination of a great ape following the natural death of such great ape. (c) Permanent Retirement.--The term ``permanent retirement''-- (1) means that a great ape is placed in a suitable sanctuary that will provide for the lifetime care of the great ape and such great ape will not be used in further invasive research; and (2) does not include euthanasia. (d) Person.--The term ``person'' means-- (1) an individual, corporation, partnership, trust, association, or any other private entity, (2) any officer, employee, agent, department, or instrumentality of the Federal Government, a State, municipality, or political subdivision of a State; or (3) any other entity subject to the jurisdiction of the United States. (e) Suitable Sanctuary.--The term ``suitable sanctuary'' means-- (1) the system referred to in section 481C(a) of the Public Health Service Act (42 U.S.C. 287a-3a(a)); or (2) a comparable privately funded sanctuary approved by the Secretary of Health and Human Services. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date that is 3 years after the date of the enactment of this Act.	Great Ape Protection Act - Prohibits: (1) persons from conducting invasive research on great apes; (2) federal funds from being used to conduct such research; (3) persons from knowingly importing, exporting, transporting, moving, delivering, receiving, possessing, renting, loaning, purchasing, or selling great apes for such research; and (4) persons from breeding great apes for use in such research. Declares that this Act does not limit or prevent individualized medical care performed on great apes by licensed veterinarians for the benefit of the great apes. Requires the Secretary of Health and Human Services (HHS) to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that have been used for invasive research. Authorizes the Secretary to provide for the euthanizing of such apes if it is in their best interest as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian. Defines "invasive research" to mean experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes. Excludes: (1) close observation of natural or voluntary behavior, provided that it does not require the removal of apes from their social group or environment or require an anesthetic or sedation event to collect data or record observations; or (2) post-mortem examinations of great apes following their natural death.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Elimination Act of 2018''. SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS. (a) Prohibition.-- (1) In general.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, or conference report if the bill, joint resolution, amendment, or conference report, or any accompanying report or joint explanatory statement of managers, includes a congressional earmark, limited tax benefit, or limited tariff benefit. (2) Procedure.--If a point of order is raised under paragraph (1) with respect to a congressional earmark, limited tax benefit, or limited tariff benefit and the point of order is sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the measure involved. (3) Special procedure for conference report and amendments between the houses.-- (A) In general.--If a point of order is raised and sustained under paragraph (1) with respect to a conference report or a motion that the House recede from its disagreement to a Senate amendment and concur therein, with or without amendment, then after disposition of all such points of order the conference report or motion, as the case may be, shall be considered as rejected and the matter remaining in disagreement shall be disposed of under subparagraph (B) or (C), as the case may be. (B) Conference reports.--After the House has sustained one or more points of order under paragraph (1) with respect to a conference report-- (i) if the conference report accompanied a House measure amended by the Senate, the pending question shall be whether the House shall recede and concur in the Senate amendment with an amendment consisting of so much of the conference report as was not rejected; and (ii) if the conference report accompanied a Senate measure amended by the House, the pending question shall be whether the House shall insist further on the House amendment. (C) Motions.--After the House has sustained one or more points of order under paragraph (1) with respect to a motion that the House recede and concur in a Senate amendment, with or without amendment, the following motions shall be privileged and shall have precedence in the order stated: (i) A motion that the House recede and concur in the Senate amendment with an amendment in writing then available on the floor. (ii) A motion that the House insist on its disagreement to the Senate amendment and request a further conference with the Senate. (iii) A motion that the House insist on its disagreement to the Senate amendment. (b) Determination by House.--If a point of order is raised under this section and the Chair is unable to ascertain whether a provision constitutes a congressional earmark, limited tax benefit, or limited tariff benefit, the Chair shall put the question to the House and the question shall be decided without debate or intervening motion. (c) Conforming Amendment.--Rule XXI of the Rules of the House of Representatives is amended by striking clause 9. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``congressional earmark'' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or congressional district, other than through a statutory or administrative formula-driven or competitive award process; (2) the term ``limited tax benefit'' means-- (A) any revenue-losing provision that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986; and (3) the term ``limited tariff benefit'' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.	Earmark Elimination Act of 2018 This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit, as defined by the bill. If the point of order is successfully raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation.
SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 of the Internal Revenue Code of 1986 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips Received for Certain Services.-- ``(1) In general.--For purposes of subsection (a), tips received by an individual for qualified services performed by such individual shall be treated as property transferred by gift. ``(2) Qualified services.--For purposes of this subsection, the term `qualified services' means cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper deliveries and shoe shine services. ``(3) Annual limit.--The amount excluded from gross income for the taxable year by reason of paragraph (1) with respect to each service provider shall not exceed $10,000. ``(4) Employee taxable on at least minimum wage.--Paragraph (1) shall not apply to tips received by an employee during any month to the extent that such tips-- ``(A) are deemed to have been paid by the employer to the employee pursuant to section 3121(q) (without regard to whether such tips are reported under section 6053), and ``(B) do not exceed the excess of-- ``(i) the minimum wage rate applicable to such individual under section 6(a)(1) of the Fair Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), over ``(ii) the amount of the wages (excluding tips) paid by the employer to the employee during such month. ``(5) Tips.--For purposes of this title, the term `tips' means a gratuity paid by an individual for services performed for such individual (or for a group which includes such individual) by another individual if such services are not provided pursuant to an employment or similar contractual relationship between such individuals.''. (b) Exclusion From Social Security Taxes.-- (1) Paragraph (12) of section 3121(a) of such Code is amended to read as follows: ``(12)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (2) Paragraph (10) of section 209(a) of the Social Security Act is amended to read as follows: ``(10)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d) of the Internal Revenue Code of 1986 for such month;''. (3) Paragraph (3) of section 3231(e) of such Code is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer if the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d).''. (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 of such Code is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall include tips received in any month only to the extent includible in gross income after the application of section 102(d) for such month.''. (d) Exclusion From Wage Withholding.--Paragraph (16) of section 3401(a) of such Code is amended to read as follows: ``(16)(A) as tips in any medium other than cash; ``(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are each amended by striking ``tips'' and inserting ``tips (to the extent includible in gross income after the application of section 102(d))''. (f) Effective Date.--The amendments made by this section shall apply to tips received after the calendar month which includes the date of the enactment of this Act.	Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding.
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act''. TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II SEC. 101. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II Act of 2000''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented along our Nation's southwest border influence the number of crossings, especially their location. (2) States and local governments were reimbursed approximately 60 percent of the costs of the incarceration of criminal aliens in fiscal year 1996 when only 90 jurisdictions applied for such reimbursement. In subsequent years, the number of local jurisdictions receiving reimbursement has increased. For fiscal year 1999, 280 local jurisdictions applied, and reimbursement amounted to only 40 percent of the costs incurred by those jurisdictions. (3) Certain counties, often with a small taxpayer base, located on or near the border across from sometimes highly populated areas of Mexico, suffer a substantially disproportionate share of the impact of criminal illegal aliens on its law enforcement and criminal justice systems. (4) A University of Arizona study released in January 1998 reported that at least 2 of the 4 counties located on Arizona's border of Mexico, Santa Cruz and Cochise Counties, are burdened with this problem-- (A) for example, in 1998, Santa Cruz County had 12.7 percent of Arizona's border population but 50 percent of alien crossings and 32.5 percent of illegal alien apprehensions; (B) for fiscal year 1998, it is estimated that, of its total criminal justice budget of $5,033,000, Santa Cruz County spent $1,900,000 (39 percent) to process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and (C) Santa Cruz County has not obtained relief from this burden, despite repeated appeals to Federal and State officials. (5) In the State of Texas, the border counties of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the unreimbursed costs of apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 142,000 days in county jails. (6) Throughout Texas nonborder counties bore similar unreimbursed costs for apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 1,000,000 days in county jails. (7) The State of Texas has incurred substantial additional unreimbursed costs for State law enforcement efforts made necessary by the presence of criminal illegal aliens. (8) The Federal Government should reimburse States and units of local government for the related costs incurred by the State for the imprisonment of any illegal alien. (9) According to data from the Immigration and Naturalization Service, 27 percent of all Border Patrol apprehensions along the U.S.-Mexico border in fiscal year 1999 took place in the San Diego and El Centro sectors of California. Yet, those counties were reimbursed for only a fraction of the expenses associated with the criminal activity of illegal aliens. (10) It is estimated that it costs in excess of $50,000,000 to San Diego and Imperial County hospitals to treat undocumented individuals in emergency rooms. In October of 1997 the California State Auditor issued a report that estimated between $4,900,000 and $8,100,000 of unreimbursed medical expenses were incurred by U.S. Border Patrol ``dumping''. (11) One example of costs incurred by health providers involved an overturned van containing 20 undocumented persons in Imperial County. One of the victims involved a young man who suffered head trauma. This patient never regained consciousness and the costs of his care were magnified by treating him at an acute level, as placement to a lower level of care was not possible. The cost of providing care for this patient alone was in excess of $200,000. (b) Purpose.--The purpose of this title is-- (1) to assist States and local communities by providing financial assistance for expenditures for illegal juvenile aliens, and for related costs to States and units of local government that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems; and (2) to ensure equitable treatment for those States and local governments that are affected by Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented on the southwest border. SEC. 103. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``a State for'' and all that follows through the end and inserting the following: ``a State (or, if appropriate, a political subdivision of the State) for-- ``(1) the costs incurred by the State or political subdivision for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State; and ``(2) the indirect costs related to the imprisonment described in paragraph (1).''; (2) by striking subsection (c) and inserting the following: ``(c) Indirect Costs Defined.--In subsection (a), the term `indirect costs' includes-- ``(1) court costs, county attorney costs, and criminal proceedings expenditures that do not involve going to trial; ``(2) indigent defense; and ``(3) unsupervised probation costs.''; and (3) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out subsection (a) for each of the fiscal years 2001 through 2004.''. SEC. 104. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING JUVENILE ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is further amended-- (1) in subsection (a)(1), by inserting ``or illegal juvenile alien who has been adjudicated delinquent or committed to a juvenile correctional facility by such State or locality'' before the semicolon; (2) in subsection (b), by inserting ``(including any juvenile alien who has been adjudicated delinquent or has been committed to a correctional facility)'' before ``who is in the United States unlawfully''; and (3) by adding at the end the following: ``(f) Juvenile Alien Defined.--In this section, the term `juvenile alien' means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act) who has been adjudicated delinquent or committed to a correctional facility by a State or locality as a juvenile offender.''. (b) Annual Report.--Section 332 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the number of illegal juvenile aliens (as defined in section 501(f) of the Immigration Reform and Control Act) that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.''. (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) is a juvenile alien with respect to whom section 501 of the Immigration Reform and Control Act of 1986 applies.''. SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following new subsection: ``(g) Manner of Allotment of Reimbursements.--Reimbursements under this section shall be allotted in a manner that takes into account special consideration for any State that-- ``(1) shares a border with Mexico or Canada; or ``(2) includes within the State an area in which a large number of undocumented aliens reside relative to the general population of the area.''. TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH SERVICES TO UNDOCUMENTED ALIENS SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS (a) Total Amount Available for Allotment.--To the extent of available appropriations under subsection (e), there are available for allotments under this section for each of fiscal years 2002 through 2005, $200,000,000 for payments to certain States under this section. (b) State Allotment Amount.-- (1) In general.--The Secretary shall compute an allotment for each fiscal year beginning with fiscal year 2001 and ending with fiscal year 2004 for each of the 17 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2) Determination.--For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c) Use of Funds.-- (1) In general.--From the allotments made under subsection (b) for a fiscal year, the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid to local governments, hospitals, and related providers of emergency health services to undocumented aliens in a manner that-- (A) takes into account-- (i) each eligible local government's, hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)) for such fiscal year; or (ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible local governments, hospitals, and related providers for such fiscal year; and (B) provides special consideration for local governments, hospitals, and related providers located in-- (i) a county that shares a border with Mexico or Canada; or (ii) an area in which a large number of undocumented aliens reside relative to the general population of the area. (2) Special rules.--For purposes of this subsection: (A) A provider shall be considered to be ``related'' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. (B) Amounts paid under this subsection shall not duplicate payments made under title XIX of the Social Security Act for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)). (d) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) Provider.--The term ``provider'' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means the 50 States and the District of Columbia. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2001 through 2005.	Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs. Authorizes appropriations. Provides for the reimbursement of States for costs of incarcerating juvenile aliens. Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens. Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens - Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``MRSA Infection Prevention and Patient Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Acute care hospital.--The term ``acute care hospital'' means a hospital that maintains and operates an emergency room (including a trauma or burn center), surgical unit, birthing facility, and such other unit that is highly susceptible to acquiring or transmitting infections, as determined by the Secretary through regulations. (2) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)) and includes critical access hospitals (as defined in section 1861(mm) of such Act) and other entities determined to be hospitals by the Secretary. (3) MRSA.--The term ``MRSA'' means Methicillin-Resistant Staphylococcus aureus. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. HOSPITAL INFECTION PREVENTION PROGRAMS. (a) Regulations.-- (1) In general.--Not later than 5 months after the date of enactment of this Act, the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and such independent experts as the Secretary determines appropriate, shall promulgate regulations that-- (A) define the term ``MRSA''; (B) provide a list of best practices for MRSA and such other antibiotic resistant staphylococcus as the Secretary determines appropriation; (C) define the term ``high risk hospital departments'' for purposes of applying the best practices provided for under subparagraph (B), which may include surgical, burn, neonatal, and such other department as the Secretary may designate; (D) provide screening, record keeping, and other requirements as they relate to reductions in MRSA. (2) Consistency.--The regulations promulgated under this subsection shall be consistent with the requirements of this Act. (3) Effective date.--The regulations promulgated under paragraph (1) shall take effect on the date that is 1 month after the date on which such regulations are published in the Federal Register, but in no case later than 6 months after the date of enactment of this Act. (b) Screening Requirements.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, all acute care hospitals shall screen all patients entering intensive care units and other high risk hospital departments (as defined in the regulations promulgated under subsection (a)(1)). (2) Extension of requirements.-- (A) In general.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall establish a process and a timetable for extending the screening requirements of paragraph (1) to all patients admitted to all hospitals. (B) Requirements fully applied.--The timetable established under subparagraph (A), shall require that all patients be covered by the screening requirements under paragraph (1) by not later than January 1, 2012. (C) Waivers.--The Secretary may waive the requirements of this paragraph-- (i) if the Secretary determines that the rate of MRSA (or similar infections) is declining; or (ii) if the Secretary determines that such requirements should not apply to certain hospitals or units of hospitals because the danger of acquiring or transmitting MRSA (or similar infections) is no greater than it is of acquiring MRSA in the community. (3) Medicare payment adjustments.--Not later than January 1, 2009, the Secretary shall submit to the appropriate committees of Congress, a report on whether payment adjustments should be made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA (or similar infections). In preparing such report, the Secretary shall give special consideration to the needs of rural, critical access, sole community, and Medicare dependent hospitals, and disproportionate share hospitals and other hospitals with a disproportionate share of immune compromised patients. (c) Best Practices.--In addition to any other best practices contained in the regulations promulgated under subsection (a), all hospitals shall comply with the following: (1) A hospital shall require contact (barrier) precautions, as determined by the Secretary, be taken when treating patients who test positive for MRSA colonization (as defined by the Centers for Disease Control and Prevention). (2) Where possible, a hospital will isolate, with the same staffing ratio per bed as in the non-isolated beds of the hospital, or cohort patients colonized or infected with MRSA, control and monitor the movements of such patients within the hospital, and take whatever steps are needed to stop the transmission of MRSA bacteria to patients who did not come into the hospital infected or colonized with such bacteria. The Secretary may suspend the application of this paragraph in the case of an emergency. (3) All patients tested for MRSA shall be informed of the results and such results shall be noted in the patient's medical records. (4) Patients being discharged from intensive care units shall be tested again for MRSA, and those patients testing positive will be informed of their status, and that status will be noted in the patient's medical records in case of readmittance to a hospital. (5) A hospital shall educate their staff concerning modes of transmission of MRSA, use of protective equipment, disinfection policies and procedures, and other preventive measures. (d) Reporting.-- (1) In general.--Not later than January 1, 2009, all hospitals shall, using the National Healthcare Safety Network of the Centers for Disease Control and Prevention, report the number of cases of hospital-acquired MRSA and other resistant infection rates that occur in the hospital facility. The Secretary shall develop a process for the risk adjustment of such reports by hospitals. (2) Publication.--The Secretary shall develop a system for the publication of hospital-specific MRSA and other infection rates. (e) Non-Hospital Medicare Providers.-- (1) MRSA infection reporting.--The Secretary, using the MRSA and other infection information identified under section (b) and such other billing and coding information as necessary, shall develop a system of identifying infected transferred patients. The Secretary shall define by regulation the term infected transferred patient, and such term shall include any patient who, after discharge from, or treatment at, a non- hospital Medicare provider (including, but not limited to, a skilled nursing facility, end stage renal disease program, or ambulatory surgical center), is admitted directly (or within 5 days of such discharge or treatment) to the hospital with MRSA (or other infection). The Secretary shall establish a system to promptly inform any facility that has transferred an infected patient. Unless such facility can provide a reasonable explanation that the infection was not acquired in that facility, the facility shall submit to the Secretary a MRSA infection action plan to reduce such infections. (2) Assistance.--The Secretary shall promulgate regulations to develop a program to provide technical assistance and educational materials to non-hospital Medicare providers described in paragraph (1) in order to assist in preventing subsequent MRSA infections. (3) Publication of certain information.--If a non-hospital Medicare provider identified in a report submitted under paragraph (1) fails to take steps, as described in the action plan submitted under such paragraph, to combat MRSA infections, the Secretary shall publish the name of the provider and the number of MRSA infections from such provider in the previous year. (f) Assistance.-- (1) In general.--To provide for the rapid implementation of MRSA screening programs and initiatives through the installation of certified MRSA screening equipment and the provision of necessary support services, a hospital may submit an application to the Secretary for a 1-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system under section 1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)). The Secretary shall approve all requests that the Secretary determines are reasonable and necessary. (2) Repayment.--A hospital that receives an increase under paragraph (1) shall, not later than 4 years after the date of receipt of such increase, reimburse the Secretary for the costs of such increase. Such costs shall include the accrual of interest at the rate payable for Federal Treasury notes. Such reimbursement may be in the form of reduced capital-related costs payments to the hospital under the system described in paragraph (1) for the years following the year in which the increase was received. (3) Certification system.--Not later than 6 months after the date of enactment of this Act, the Secretary shall promulgate regulations for the development of a system to certify appropriate MRSA screening and support services for purposes of this subsection.	MRSA Infection Prevention and Patient Protection Act - Directs the Secretary of Health and Human Services to promulgate regulations that: (1) define "MRSA" (methicillin-resistant staphylococcus aureus); (2) provide a list of best practices for antibiotic resistant staphylococcus; (3) define "high risk hospital departments" for purposes of applying such practices; and (4) provide screening, recordkeeping, and other requirements as they relate to MRSA reductions. Requires acute care hospitals to screen patients entering intensive care units and other high risk hospital departments. Directs the Secretary to: (1) establish a process and a timetable for extending the screening requirements to patients admitted to all hospitals by January 1, 2012, subject to a waiver; and (2) report to Congress, by January 1, 2009, on whether payment adjustments should be made under Medicare to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA or similar infections. Requires all hospitals to: (1) comply with specified MRSA best practices, including contact precautions and patient isolation; and (2) report by January 1, 2009, the number of cases of hospital-acquired MRSA and other resistant infection rates that occur in the facility. Requires the Secretary to: (1) develop systems of identifying infected transferred patients and promptly informing any facility that has transferred an infected patient; and (2) promulgate regulations to develop a program to provide technical assistance and educational materials to non-hospital Medicare providers to assist in preventing MRSA infections. Permits a hospital to apply to the Secretary for a one-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system, subject to specified repayment and certification requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Openness in Political Expenditures Now Act'' or the ``OPEN Act''. SEC. 2. DISCLOSURE BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF DISBURSEMENTS FOR POLITICAL ACTIVITY. (a) Disclosure Required.--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: ``SEC. 325. DISCLOSURES BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF INFORMATION ON DISBURSEMENTS FOR CERTAIN POLITICAL ACTIVITY. ``(a) Including Information in Regular Periodic Reports.-- ``(1) In general.--A corporation which submits regular, periodic reports to its shareholders and a labor organization which submits regular, periodic reports to its members shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the corporation or labor organization for covered political activity during the period covered by the report, but only if the amount of the disbursement made for such activity during the period covered by the report equals or exceeds the applicable threshold for the activity described in paragraph (3). ``(2) Information described.--The information described in this paragraph is, for each disbursement for covered political activity-- ``(A) the date of the disbursement; ``(B) the amount of the disbursement; ``(C) in the case of a disbursement consisting of an independent expenditure or an electioneering communication, or in the case of a covered political activity described in subsection (c)(3), the name of the candidate identified in the independent expenditure or electioneering communication involved, the Commission ID assigned to the candidate, and the office sought by the candidate; and ``(D) in the case of a covered political activity described in subsection (c)(4), the identification of the association or organization to whom the disbursement was made, and the Commission ID (if any) assigned to the association or organization. ``(3) Applicable threshold for disclosure.--For purposes of paragraph (1), the `applicable threshold' with respect to a disbursement for covered political activity during a period covered by a report is as follows: ``(A) In the case of covered political activity consisting of an independent expenditure, $250. ``(B) In the case of covered political activity consisting of an electioneering communication or a communication described in subsection (c)(3), $10,000. ``(C) In the case of covered political activity consisting of a payment described in subsection (c)(4), the amount of the limitation on contributions which is in effect under section 315(a)(1)(C) as of the last day of the period. ``(b) Submission of Statement to Commission.-- ``(1) Submission of statement.--If a corporation or labor organization includes information in a report pursuant to this section, at the time the corporation or labor organization submits the report to its shareholders or members, the corporation or labor organization shall file a statement with the Commission consisting of the information included in the report pursuant to this section. ``(2) Hyperlink to information.-- ``(A) Requiring posting of hyperlink.--If a corporation or labor organization maintains an Internet site, the corporation or labor organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the statement filed by the corporation or labor organization under paragraph (1). ``(B) Deadline; duration of posting.--The corporation or labor organization shall post the hyperlink described in subparagraph (A) not later than 24 hours after the Commission posts the statement filed by the corporation or labor organization under paragraph (1) on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the corporation or labor organization until the expiration of the 1-year period which begins on the date of the election with respect to which the disbursements included in the statement are made. ``(c) Covered Political Activity Defined.--In this section, the term `covered political activity' means each of the following: ``(1) An independent expenditure (as defined in section 301(17)). ``(2) An electioneering communication (as defined in section 304(f)(3)). ``(3) A communication which would be treated as an electioneering communication under section 304(f)(3) if the communication had been a broadcast, cable, or satellite communication. ``(4) The payment of dues or other amounts to a trade association or to a section 501(c)(4) organization. ``(d) Other Definitions.--In this section, the following definitions apply: ``(1) The term `corporation' means any corporation which is subject to section 316(a). ``(2) The term `labor organization' has the meaning given such term in section 316. ``(3) The term `section 501(c)(4) organization' means any organization described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports described in section 325(a)(1) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) which are filed after the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 501(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C)(i) Subparagraph (A) shall not apply to an entity for a taxable year if the total expenditures of such entity for the taxable year for covered political activity exceed the lesser of-- ``(I) 10 percent of the total expenditures of such entity for the taxable year, or ``(II) $10,000,000. ``(ii) Subparagraph (A) shall not apply to an entity for a taxable year unless its governing instrument includes provisions the effects of which are to prohibit the expenditures of the entity for a covered political activity from exceeding the threshold specified in clause (i). ``(iii) For purposes of this subparagraph, the term `covered political activity' means-- ``(I) any activity described in paragraphs (1) through (3) of section 325(c) of the Federal Election Campaign Act of 1971; and ``(II) any payment by the entity to any other entity described in this paragraph or to an organization described in paragraph (6) which the payor entity knows, or has reason to know, will be used directly or indirectly by the payee entity or organization for any activity referred to in subclause (I). ``(iv) Clause (i) shall not apply for a taxable year for which the 10 percent threshold specified in clause (i)(I) is exceeded by not more than a de minimis amount if the Secretary determines that the reason for exceeding the threshold was not willful and is due to reasonable cause. ``(v) The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of clause (i), including regulations relating to a direct or indirect transfer of all or part of the assets of an entity to an entity controlled (directly or indirectly) by the same person or persons who control the transferor entity.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.	Openness in Political Expenditures Now Act or OPEN Act - Amends the Federal Election Campaign Act of 1971 to require a corporation which submits regular, periodic reports to its shareholders and a labor organization which submits similar reports to its members to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. Limits the amount of disbursements reported, however, to the amount that equals or exceeds the applicable threshold for the covered political activity. Defines "applicable threshold" for a disbursement as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt non-profit civic league meeting certain criteria (501[c][4] organization). Requires a corporation or labor organization reporting such expenditures to: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. Amends the Internal Revenue Code to subject a 501(c)(4) organization to the income tax on corporations if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, and (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program. (2) New and used material, including mine-resistant ambush- protected vehicles and weapons determined by the Department of Defense to be ``military grade'' are transferred to local and Federal law enforcement agencies through the program. (3) As a result local law enforcement agencies, including police and sheriff's departments, are acquiring this material for use in their normal operations. (4) As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies. (5) According to public reports, approximately 12,000 police organizations across the country were able to procure nearly $500,000,000 worth of excess military merchandise including firearms, computers, helicopters, clothing, and other products, at no charge during fiscal year 2011 alone. (6) More than $4,000,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 states and four territories through the program. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (8) Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards. (9) As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free ``military-grade'' weapons and equipment that could be used inappropriately during policing efforts in which citizens and taxpayers could be harmed. (10) Pursuant to section III(J) of a Defense Logistics Agency memorandum of understanding, property obtained through the program must be placed into use within one year of receipt, possibly providing an incentive for the unnecessary and potentially dangerous use of ``military grade'' equipment by local law enforcement. (11) The Department of Defense categorizes equipment eligible for transfer under the 1033 program as ``controlled'' and ``un-controlled'' equipment. ``Controlled equipment'' includes weapons, explosives such as flash-bang grenades, mine resistant ambush protected vehicles, long range acoustic devices, aircraft capable of being modified to carry armament that are combat coded, and silencers, among other military grade items. SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.--Section 2576a of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by striking ``counterdrug, counterterrorism,'' and inserting ``counterterrorism''; and (B) in paragraph (2), by striking ``, the Director of National Drug Control Policy,''; (2) in subsection (b)-- (A) in each of paragraphs (4) and (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(7) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; ``(8) the recipient submits to the Department of Defense a description of how the recipient expects to use the property; ``(9) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense; and ``(10) with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by-- ``(A) publishing a notice of such request on a publicly accessible Internet website; ``(B) posting such notice at several prominent locations in the jurisdiction of the recipient; and ``(C) ensuring that such notices were available to the local community for a period of not less than 30 days.''; (3) by striking subsection (d); (4) by redesignating subsections (e) and (f) as subsections (m) and (n), respectively; and (5) by inserting after subsection (c) the following new subsections: ``(d) Annual Certification Accounting for Transferred Property.-- (1) For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section-- ``(A) has provided to the Secretary documentation accounting for all controlled property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the Stop Militarizing Law Enforcement Act; and ``(B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b). ``(2) If the Secretary cannot provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section. ``(e) Annual Report on Excess Property.--Before making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law. ``(f) Limitations on Transfers.--(1) The Secretary may not transfer the following personal property of the Department of Defense under this section: ``(A) Controlled firearms, ammunition, grenades (including stun and flash-bang) and explosives. ``(B) Controlled vehicles, highly mobile multi-wheeled vehicles, mine-resistant ambush-protected vehicles, trucks, truck dump, truck utility, and truck carryall. ``(C) Drones that are armored, weaponized, or both. ``(D) Controlled aircraft that-- ``(i) are combat configured or combat coded; or ``(ii) have no established commercial flight application. ``(E) Silencers. ``(F) Long-range acoustic devices. ``(G) Items in the Federal Supply Class of banned items. ``(2) The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition. ``(3) The limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the Department of Defense from one Federal or State agency to another such agency. ``(4)(A) The Secretary may waive the applicability of paragraph (1) to a vehicle described in subparagraph (B) of such paragraph (other than a mine-resistant ambush-protected vehicle), if the Secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk, as demonstrated by the proposed recipient of the vehicle. ``(B) If the Secretary issues a waiver under subparagraph (A), the Secretary shall-- ``(i) submit to Congress notice of the waiver, and post such notice on a public Internet website of the Department, by not later than 30 days after the date on which the waiver is issued; and ``(ii) require, as a condition of the waiver, that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer, including the type of vehicle and the purpose for which it is transferred, in the jurisdiction where the recipient is located by not later than 30 days after the date on which the waiver is issued. ``(5) The Secretary may provide for an exemption to the limitation under subparagraph (D) of paragraph (1) in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet. ``(6) The Secretary shall require, as a condition of any transfer of property under this section, that the Federal or State agency that receives the property shall return the property to the Secretary if the agency-- ``(A) is investigated by the Department of Justice for any violation of civil liberties; or ``(B) is otherwise found to have engaged in widespread abuses of civil liberties. ``(g) Conditions for Extension of Program.--Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that-- ``(1) each Federal or State agency that has received controlled property transferred under this section has-- ``(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or ``(B) been suspended from the program pursuant to paragraph (4); ``(2) with respect to each non-Federal agency that has received controlled property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); ``(3) with respect to each Federal agency that has received controlled property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); ``(4) the eligibility of any agency that has received controlled property under this section for which 100 percent of the property was not accounted for during an inventory described in paragraph (1) or (2), as applicable, to receive any property transferred under this section has been suspended; and ``(5) each State coordinator has certified, for each non- Federal agency located in the State for which the State coordinator is responsible that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended; and ``(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended. ``(h) Prohibition on Ownership of Controlled Property.--A Federal or State agency that receives controlled property under this section may never take ownership of the property. ``(i) Notice to Congress of Property Downgrades.--Not later than 30 days before downgrading the classification of any item of personal property from controlled or Federal Supply Class, the Secretary shall submit to Congress notice of the proposed downgrade. ``(j) Notice to Congress of Property Cannibalization.--Before the Defense Logistics Agency authorizes the recipient of property transferred under this section to cannibalize the property, the Secretary shall submit to Congress notice of such authorization, including the name of the recipient requesting the authorization, the purpose of the proposed cannibalization, and the type of property proposed to be cannibalized. ``(k) Quarterly Reports on Use of Controlled Equipment.--Not later than 30 days after the last day of a fiscal quarter, the Secretary shall submit to Congress a report on any uses of controlled property transferred under this section during that fiscal quarter. ``(l) Reports to Congress.--Not later than 30 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the following for the preceding fiscal year: ``(1) The percentage of equipment lost by recipients of property transferred under this section, including specific information about the type of property lost, the monetary value of such property, and the recipient that lost the property. ``(2) The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any transfer of property made after the date of the enactment of this Act.	Stop Militarizing Law Enforcement Act This bill revises the authority of the Department of Defense (DOD) to transfer excess personal property to federal and state law enforcement agencies. DOD's authority to transfer property for counter-drug activities is eliminated. DOD property recipients must: (1) provide DOD with a description of intended use; and (2) certify that they have appropriate personnel, technical capacity, and training and will return any surplus DOD property. Non-federal recipients must certify that they have notified their local community of requests for DOD property. The following transfers are prohibited: controlled firearms, ammunition, grenades, and explosives; controlled vehicles, certain trucks, and other highly mobile or mine-resistant ambush-protected vehicles; armored or weaponized drones; controlled aircraft that are combat configured or combat coded, or that have no established commercial flight application; silencers; long range acoustic devices; and items in the Federal Supply Class of banned items. Transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions are prohibited. Transfers of previously transferred DOD property from one federal or state agency to another such agency are prohibited. DOD may waive transfer prohibitions for certain trucks and vehicles (other than mine-resistant ambush-protected vehicles) if necessary for disasters, rescues, or other purposes where life and public safety are at risk. DOD shall require as a condition of any property transfer that the recipient agency shall return the property if the agency is: (1) investigated by the Department of Justice for any violation of civil liberties, or (2) otherwise found to have engaged in widespread abuses of civil liberties. Obligations or expenditures of appropriations to carry out DOD's property transfer program are prohibited unless specified conditions are met. Federal or state agencies that receive controlled property may not take ownership of such property.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Litigation Attorney Accountability and Transparency Act''. SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS. (a) Securities Exchange Act of 1934.--Section 21D(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. (b) Securities Act of 1933.--Section 27(c) of the Securities Act of 1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. SEC. 3. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF AND ATTORNEYS. (a) Securities Exchange Act of 1934.--Section 21D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by adding at the end the following new paragraphs: ``(10) Disclosures regarding payments.-- ``(A) Sworn certifications required.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identify any direct or indirect payment, or promise of any payment, by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff, beyond the plaintiff's pro rata share of any recovery, except as ordered or approved by the court in accordance with paragraph (4). Upon disclosure of any such payment or promise of payment, the court shall disqualify the attorney from representing the plaintiff. ``(B) Definition.--For purposes of this paragraph, the term `payment' shall include the transfer of money and any other thing of value, including the provision of services, other than representation of the plaintiff in the private action arising under this title. ``(11) Disclosures regarding legal representations.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies the nature and terms of any legal representation provided by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff other than the representation of the plaintiff in the private action arising under this title. The court may allow such certifications to be made under seal. The court shall make a determination whether the nature or terms of the fee arrangement for any other matter influenced the selection and retention of counsel in any private action arising under this title and, if the court so finds, shall disqualify the attorney from representing the plaintiff in any such action. ``(12) Disclosures regarding contributions.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any contribution made within five years prior to the filing of the complaint by such attorney, any person affiliated with such attorney, or any political action committee controlled by such attorney, to any elected official with authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. ``(13) Disclosure regarding other conflicts of interest.-- In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any other conflict of interest (other than one specified in paragraphs (10) through (12)) between such attorney and such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. (b) Securities Act of 1933.--Section 27(a) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following new paragraph: ``(10) Disclosures regarding payments.-- ``(A) Sworn certifications required.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identify any direct or indirect payment, or promise of any payment, by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff, beyond the plaintiff's pro rata share of any recovery, except as ordered or approved by the court in accordance with paragraph (4). Upon disclosure of any such payment or promise of payment, the court shall disqualify the attorney from representing the plaintiff. ``(B) Definition.--For purposes of this paragraph, the term `payment' shall include the transfer of money and any other thing of value, including the provision of services, other than representation of the plaintiff in the private action arising under this title. ``(11) Disclosures regarding legal representations.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies the nature and terms of any legal representation provided by such attorney, or any person affiliated with such attorney, to such plaintiff, or any person affiliated with such plaintiff other than the representation of the plaintiff in the private action arising under this title. The court may allow such certifications to be made under seal. The court shall make a determination whether the nature or terms of the fee arrangement for any other matter influenced the selection and retention of counsel in any private action arising under this title and, if the court so finds, shall disqualify the attorney from representing the plaintiff in any such action. ``(12) Disclosures regarding contributions.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any contribution made within five years prior to the filing of the complaint by such attorney, any person affiliated with such attorney, or any political action committee controlled by such attorney, to any elected official with authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. ``(13) Disclosure regarding other conflicts of interest.-- In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any other conflict of interest (other than one specified in paragraphs (10) through (12)) between such attorney and such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. SEC. 4. SELECTION OF LEAD COUNSEL. (a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court shall employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff, unless the court determines on the record that such a process is not feasible.''. (b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court shall employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff, unless the court determines on the record that such a process is not feasible.''. SEC. 5. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS. (a) Study and Review Required.--The Comptroller General of the United States shall conduct a study and review of fee awards to lead counsel in securities class actions over the five years preceding the date of enactment of this Act to determine the effective average hourly rate for lead counsel in such actions. (b) Report Required.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study and review required by this section. The Comptroller General shall submit an updated study every three years thereafter. (c) Definition.--For purposes of this section, the term ``securities class action'' means a private class action arising under the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a plaintiff class action pursuant to the Federal Rules of Civil Procedure.	Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to state that, in any private action in which the court enters a final judgment against plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon defendant's motion, determine whether: (1) the position of the plaintiff was not substantially justified; (2) imposition of fees and expenses on the plaintiff's attorney would be just; and (3) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. Requires the court to award the defendant reasonable fees and other expenses, and impose such fees and expenses on the plaintiff's attorney, if the court makes positive determinations in such a case. Places the burden of persuasion upon the defendant as to whether or not the position of the plaintiff was substantially justified. Requires plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery. Requires similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest. Requires the court, in exercising discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria (unless the court determines that such a process is not feasible). Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions.
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 that-- (1) the Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) required the Secretary to complete a 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 that were assessed in the study continue to be in a free-flowing condition; (3) the segments of the Eightmile River contain outstanding resource values relating to-- (A) cultural landscapes; (B) water quality; (C) watershed hydrology; (D) unique species; (E) natural communities; (F) geology; and (G) watershed ecosystems; (4) the Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of those segments of the Eightmile River depend on the continued integrity and quality of the Eightmile River watershed; (B) those resource values that are manifested throughout the entire watershed; and (C) the continued protection of the entire watershed is intrinsically important to the designation of the Eightmile River under this Act; (5) 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; (6) during the study, the Eightmile River Wild and Scenic Study Committee prepared the Eightmile River Management Plan to establish objectives, standards, and action programs to 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 land not owned by the United States; (7) the Eightmile River Wild and Scenic Study Committee-- (A) voted in favor of including the Eightmile River in the National Wild and Scenic Rivers System; and (B) included that recommendation as an integral part of the Eightmile River Watershed Management Plan; (8) the residents of the towns located adjacent to the Eightmile River and comprising most of its watershed, including Salem, East Haddam, and Lyme, Connecticut, as well as the boards of selectmen and land use commissions of those towns, voted-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek designation of the river as a component of the National Wild and Scenic Rivers System. (9) the General Assembly of the State of Connecticut enacted Public Act 05-18-- (A) to endorse the Eightmile River Watershed Management Plan; and (B) to seek the designation of the Eightmile River as a component of the National Wild and Scenic Rivers System. (b) Definitions.--In this Act: (1) Eightmile river.--The term ``Eightmile River'' means segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut that are designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (c). (2) Management plan.--The term ``Management Plan'' means the plan prepared by the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, known as the ``Eightmile River Watershed Management Plan'', and dated December 8, 2005. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169); (2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167); (3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and (4) by adding at the end the following: ``(170) Eightmile River, Connecticut.--The following segments in the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior: ``(A) The 10.8-mile segment of the main stem of the Eightmile River, from Lake Hayward Brook to 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 from Witch Meadow Road to the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook from 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 the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond Brook to the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from Tisdale Brook to the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (d) Management.-- (1) In general.--The Secretary shall manage the Eightmile River in accordance with the Management Plan and such amendments to the Plan as the Secretary determines to be consistent with this section. (2) Management plan.--The Management Plan shall be considered to satisfy each requirement for a comprehensive management plan that is required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (e) Committee.--The Secretary shall coordinate the management responsibilities of the Secretary relating to the Eightmile River with the Eightmile River Coordinating Committee, as described in the Management Plan. (f) Cooperative Agreements.-- (1) In general.--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)), the Secretary may enter into a cooperative agreement with-- (A) the State of Connecticut; (B) the towns of-- (i) Salem, Connecticut; (ii) Lyme, Connecticut; and (iii) East Haddam, Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency with management plan.--Each cooperative agreement authorized by this subsection-- (A) shall be consistent with the Management Plan; and (B) may include provisions for financial or other assistance from the United States. (g) 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-- (1) be administered as part of the National Park System; or (2) be subject to regulations that govern the National Park System. (h) Land Management.-- (1) Zoning ordinances.--With respect to the Eightmile River, each zoning ordinance adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005 (including provisions for conservation of floodplains, wetland and watercourses associated with the segments), shall be considered to satisfy each standard and requirement under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.-- (A) In general.--The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of land by condemnation shall apply to the acquisition of land for the Eightmile River. (B) Limitations.--The authority of the Secretary to acquire land for the purpose of managing the Eightmile River as a component of the National Wild and Scenic Rivers System shall be-- (i) limited to acquisition-- (I) by donation; or (II) with the consent of the owner of the land; and (ii) subject to the additional criteria set forth in the Management Plan. (i) Watershed Approach.-- (1) Statement of policy.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the 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 that watershed. (2) Covered tributaries.--The tributaries referred to in paragraph (1) include-- (A) Beaver Brook; (B) Big Brook; (C) Burnhams Brook; (D) Cedar Pond Brook; (E) Cranberry Meadow Brook; (F) Early Brook; (G) Falls Brook; (H) Fraser Brook; (I) Harris Brook; (J) Hedge Brook; (K) Lake Hayward Brook; (L) Malt House Brook; (M) Muddy Brook; (N) Ransom Brook; (O) Rattlesnake Ledge Brook; (P) Shingle Mill Brook; (Q) Strongs Brook; (R) Tisdale Brook; (S) Witch Meadow Brook; and (T) all other perennial streams within the Eightmile River watershed. (j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.	Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments in the Eightmile River in Connecticut as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to: (1) manage Eightmile River in accordance with the Eightmile Watershed Management Plan, dated December 8, 2005, and such amendments to the Plan as the Secretary determines to be consistent with this Act; and (2) coordinate the management responsibilities of the Secretary relating to the River with the Eightmile River Coordinating Committee, as described in such Plan. Allows the Secretary, concerning cooperative agreements for the administration of any component of the National Wild and Scenic Rivers System, to enter into a cooperative agreement with: (1) the State of Connecticut; (2) the towns of Salem, Lyme, and East Haddam, Connecticut (the towns); and (3) appropriate local planning and environmental organizations. Requires that each such cooperative agreement authorized: (1) shall be consistent with the management plan; and (2) may include provisions for financial or other assistance from the United States. Bars the Eightmile River from being: (1) administered as part of the National Park System; or (2) subject to regulations that govern such System. Considers, with respect to the Eightmile River, each zoning ordinance adopted by the towns in effect as of December 8, 2005, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area. Makes the provisions of the Act that prohibit federal acquisition of land by condemnation applicable to the acquisition of land for the Eightmile River. Limits the authority of the Secretary to acquire land for the purpose of managing the River as a component of the National Wild and Scenic Rivers System to acquisition by donation or with the consent of the owner of the land and subject to the additional criteria set forth in the management plan. Recognizes specified tributaries of the Eightmile River Watershed as integral to the protection and enhancement of the River and that watershed. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorneys Retirement Benefit Equity Act of 1998''. SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (20) of section 8331 of title 5, United States Code, is amended by adding at the end the following: ``such term includes an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding after paragraph (26) the following: ``(27) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (b) Federal Employees' Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), by adding ``and'' after the semicolon at the end of subparagraph (D), and by adding after subparagraph (D) the following: ``(E) an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``; and'', and by adding after paragraph (32) the following: ``(33) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (c) Effective Date.--Except as otherwise provided in section 3, this Act and the amendments made by this Act shall take effect on the first day of the first applicable pay period beginning after the expiration of the 90-day period beginning on the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Incumbent Defined.--For purposes of this section, the term ``incumbent'' means an individual first appointed as an Assistant United States Attorney before the effective date of this Act who is serving in that capacity on such effective date. (b) Notice Requirement.--Not later than 6 months after the effective date of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents as to their election rights under this Act, and the consequences of making or not making a timely election. (c) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, either-- (A) to be treated in accordance with the amendments made by this Act; or (B) to be treated in the same way as if this Act had never been enacted. Failure to make a timely election under this subsection shall be treated in the same way as an election under subparagraph (A) made on the last day allowable under paragraph (2). (2) Deadline.--An election under this subsection shall not be effective unless it is made before the 90th day after the date on which the notice under subsection (b) is provided or the date on which the incumbent involved separates from service, whichever is earlier. (3) Interim status.--Notwithstanding any other provision of this Act, no change in the retirement coverage of any incumbent shall occur, by reason of the enactment of this Act, before the date on which an election under paragraph (1)(A) is made (or deemed to have been made). (d) Retroactive Effect.--In the case of any incumbent who elects (or is deemed to have elected) the option under subsection (c)(1)(A), all service performed by such individual as an Assistant United States Attorney shall-- (1) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of title 5, United States Code, as amended by this Act; and (2) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of such title, as if the amendments made by this Act had then been in effect. (e) Makeup Contributions.-- (1) In general.--In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code-- (A) the Department of Justice shall remit to the Office of Personnel Management, in such time, form, and manner as the Office may require, the amount described in paragraph (2); and (B) any amount so remitted shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (2) Amount to be remitted.--The amount described in this paragraph is the total amount of additional individual and Government contributions to the Civil Service Retirement and Disability Fund that would have been required (for all incumbents described in subsection (d), for all service performed by them as an Assistant United States Attorney before the effective date of their election under subsection (c)), if the amendments made by this Act had then been in effect, plus interest. (3) No individual liability.--Nothing in this Act or in chapter 83 or 84 of title 5, United States Code (as amended by this Act) shall be considered to create any individual liability for any shortfall in any contributions required to be made up in the manner provided for under this subsection. (f) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out this Act, including provisions under which any interest due on the amount described in subsection (e) shall be determined. (g) Definition.--For purposes of this section, the term ``Assistant United States Attorney'' means an assistant United States attorney appointed under section 542 of title 28, United States Code.	Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers. Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted. Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable. Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier. Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions.
SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1995''. (b) Reference.--Except as provided in section 8, 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 Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A)(i) Except as provided in clause (ii), no employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex, race, or national origin by paying wages to employees in such establishment in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees in such establishment in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs. ``(ii) Nothing in clause (i) shall prohibit the payment of different wages to employees where such payment is made pursuant to-- ``(I) a seniority system; ``(II) a merit system; or ``(III) a system that measures earnings by quantity or quality of production. ``(iii) The Equal Employment Opportunity Commission shall issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Such regulations shall not include a list of such jobs. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended-- (1) by striking the period at the end of paragraph (5) and inserting a semicolon; and (2) by adding after paragraph (5) the following new paragraphs: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. (a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)''. (b) Records.--Section 11(c) (as amended by subsection (a)) is further amended by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time, and shall make such reports therefrom to the Equal Employment Opportunity Commission, as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated pursuant to section 6(g).''. (c) Small Business Exemptions.--Section 11(c) (as amended by subsections (a) and (b)) is further amended by adding at the end the following: ``(B)(i) Every employer subject to section 6(g) that has 25 or more employees on any date during the first or second year after the effective date of this paragraph, or 15 or more employees on any date during a subsequent year, shall file with the Equal Employment Opportunity Commission for the year involved a report signed by the president, treasurer, or corresponding principal officer, of the employer containing information in such detail as may be necessary to accurately disclose the wage or salary rates paid to employees in each classification, position, or job title or to employees in other wage or salary groups employed by the employer, including information with respect to the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group.''. (d) Protection of Confidentiality.--Section 11(c) (as amended by subsections (a) through (c)) is further amended by adding at the end the following: ``(ii) The rules and regulations issued by the Equal Employment Opportunity Commission under subparagraph (F), relating to the form of such a report, shall include requirements to protect the confidentiality of employees, including a requirement that the report shall not contain the name of any individual employee.''. (e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as amended by subsections (a) through (d)) is further amended by adding at the end the following: ``(C) The Equal Employment Opportunity Commission may publish any information and data that the Equal Employment Opportunity Commission obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may consider appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom the Equal Employment Opportunity Commission finds that because of the size of the employers a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. CONFORMING AMENDMENTS. (a) Application.--Section 203(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended-- (1) by striking ``subsections (a)(1) and (d) of section 6'' and inserting ``subsections (a)(1), (d), and (g) of section 6''; and (2) by striking ``206 (a)(1) and (d)'' and inserting ``206 (a)(1), (d), and (g)''. (b) Remedies.--Section 203(b) of such Act (2 U.S.C. 1313(b)) is amended by inserting before the period the following: ``or, in an appropriate case, under section 16(f) of such Act (29 U.S.C. 216(f))''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect 1 year after the date of enactment of this Act.	Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Directs the Equal Employment Opportunity Commission (EEOC) to issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Prohibits such regulations from including a list of such jobs. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the EEOC; and (2) make reports to the EEOC. Sets forth certain exemptions for small businesses and provisions for protection of confidentiality with respect to such records. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress. Makes conforming amendments to the Congressional Accountability Act of 1995.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Telephone Records Protection Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) customer telephone records may be accessed without authorization of the customer by-- (A) an employee of the telephone company selling the data; (B) ``pretexting'', whereby a data broker or other person pretends to be the owner of the phone and convinces the telephone company's employees to release the data to them; or (C) unauthorized access of accounts via the Internet; and (2) because telephone companies encourage customers to manage their accounts online, many set up the online capability in advance. Many customers never access their Internet accounts, however. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED ENTITY. (a) Prohibition on Obtaining Confidential Phone Records Information Under False Pretenses.--It shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally obtain, or attempt to obtain, confidential phone records information of a covered entity, by-- (1) making false or fraudulent statements or representations to an employee of a covered entity; (2) making such false or fraudulent statements or representations to a customer of a covered entity; (3) providing a document to a covered entity knowing that such document is false or fraudulent; or (4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates. (b) Prohibition on Sale or Transfer of Confidential Phone Records Information.-- (1) Except as otherwise permitted by applicable law, it shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally sell or transfer, or attempt to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d)) shall apply for the use of confidential phone records information by any covered entity, as defined in section 7. (c) Prohibition on Purchase or Receipt of Confidential Phone Records Information.-- (1) Except as otherwise permitted by applicable law, it shall be unlawful for any person in interstate or foreign commerce to knowingly and intentionally purchase or receive, or attempt to purchase or receive, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently. (2) For purposes of this subsection, the exceptions specified in section 222(d) of the Communications Act of 1934 (47 U.S.C. 222(d)) shall apply for the use of confidential phone records information by any covered entity, as defined in section 7. SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES. Section 3 shall not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. SEC. 5. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.--The Commission shall by regulation require each telecommunications carrier to notify the customer of any incidents in which such telecommunications carrier becomes or is made aware in which customer proprietary network information relating to such customer is disclosed to someone other than the customer in violation of this section or section 3 of the Consumer Telephone Records Protection Act of 2006.''. SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. A violation of section 3 shall be treated as an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). All of the functions and powers of the Federal Trade Commission under that Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. SEC. 7. DEFINITIONS. As used in this Act, the following definitions apply: (1) Confidential phone records information.--The term ``confidential phone records information'' means information that-- (A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; (B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that covered entity and the customer. (2) Covered entity.--The term ``covered entity''-- (A) has the same meaning given the term ``telecommunications carrier'' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and (B) includes any provider of IP-enabled voice service. (3) Customer.--The term ``customer'' means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.	Consumer Telephone Records Protection Act of 2007 - Makes it unlawful for any person in interstate commerce to knowingly and intentionally: (1) obtain confidential phone records information under false pretenses; (2) sell or transfer confidential phone records information without prior authorization from the customer; and (3) receive or purchase confidential phone records information. Provides for Federal Trade Commission (FTC) enforcement of such provisions. Makes such provisions inapplicable to law enforcement agencies. Amends the Communications Act of 1934 to require a telecommunication carrier to notify a customer of any incidents in which proprietary network information relating to such customer is disclosed to someone other than the customer.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing the Interstate Placement of Children in Foster Care Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) when a child in foster care cannot return safely home, the child deserves to be placed in a setting that is best for that child, regardless of whether it is in the child's State or another State; (2) the Interstate Compact on the Placement of Children (ICPC) was established in 1960 to provide a uniform legal framework for the placement of children across State lines in foster and adoptive homes; (3) frequently, children waiting to be placed with an adoptive family, relative, or foster parent in another State spend more time waiting for this to occur than children who are placed with an adoptive, family, relative, or foster parent in the same State, because of the outdated, administratively burdensome ICPC process; (4) no child should have to wait longer to be placed in a loving home simply because the child must cross a State line; (5) the National Electronic Interstate Compact Enterprise (NEICE) was launched in August 2014 in Indiana, Nevada, Florida, South Carolina, Wisconsin, and the District of Columbia, has since expanded into Illinois, Virginia, Rhode Island, California, Alaska, Nebraska, and Georgia, and is expected to be expanded into additional States to improve the administrative process by which children are placed with families across State lines; (6) States using this electronic interstate case-processing system have reduced administrative costs and the amount of staff time required to process these cases, and caseworkers can spend more time helping children instead of copying and mailing paperwork between States; (7) since NEICE was launched, placement time has decreased by 30 percent for interstate foster care placements; and (8) on average, States using this electronic interstate case-processing system have been able to reduce from 24 business days to 13 business days the time it takes to identify a family for a child and prepare the paperwork required to start the ICPC process. SEC. 3. STATE PLAN REQUIREMENT. (a) In General.--Section 471(a)(25) of the Social Security Act (42 U.S.C. 671(a)(25)) is amended-- (1) by striking ``provide'' and insert ``provides''; and (2) by inserting ``, which in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, not later than October 1, 2027, shall include the use of an electronic interstate case- processing system'' before the 1st semicolon. (b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42 U.S.C. 679c(c)) is amended by adding at the end the following: ``(4) Inapplicability of state plan requirement to have in effect procedures providing for the use an electronic interstate case-processing system.--The requirement in section 471(a)(25) that a State plan provide that the State shall have in effect procedures providing for the use of an electronic interstate case-processing system shall not apply to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part.''. (c) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirement imposed by the amendments made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 4. FUNDING FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE- PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION. Section 437 of the Social Security Act (42 U.S.C. 629g) is amended by adding at the end the following: ``(g) Funding for the Development of an Electronic Interstate Case- Processing System to Expedite the Interstate Placement of Children in Foster Care or Guardianship, or for Adoption.-- ``(1) Purpose.--The purpose of this subsection is to facilitate the development of an electronic interstate case- processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines. ``(2) Requirements.--A State that seeks funding under this subsection shall submit to the Secretary the following information: ``(A) A description of the goals and outcomes to be achieved, which goals and outcomes must result in-- ``(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines; ``(ii) improving administrative processes and reducing costs in the foster care system; and ``(iii) the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children. ``(B) A description of the activities to be funded in whole or in part with the funds, including the sequencing of the activities. ``(C) A description of the strategies for integrating programs and services for children who are placed across State lines. ``(D) Such other information as the Secretary may require. ``(3) Funding authority.--The Secretary may provide funds to a State that complies with paragraph (2). In providing funds under this section, the Secretary shall prioritize States that are not yet connected with the electronic interstate case- processing system referred to in paragraph (1). ``(4) Use of funds.--A State to which funding is provided under this subsection shall use the funding to support the State in connecting with, or enhancing or expediting services provided under, the electronic interstate case-processing system referred to in paragraph (1). ``(5) Evaluations.--Not later than 1 year after the final year in which funds are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information: ``(A) How using the electronic interstate case- processing system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines. ``(B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate case- processing system, and the number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year. ``(C) The progress made by States in implementing the electronic interstate case-processing system. ``(D) How using the electronic interstate case- processing system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines. ``(E) How using the electronic interstate case- processing system has affected administrative costs and caseworker time spent on placing children across State lines. ``(6) Data integration.--The Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by-- ``(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems); ``(B) simplifying and improving reporting related to paragraphs (34) and (35) of section 471(a) regarding children or youth who have been identified as being a sex trafficking victim or children missing from foster care; and ``(C) improving the ability of States to quickly comply with background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B).''. SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND STABLE FAMILIES. Section 437(a) of the Social Security Act (42 U.S.C. 629g(a)) is amended by striking ``2016'' and inserting ``2018''. SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF CHILDREN. Section 437(b) of the Social Security Act (42 U.S.C. 629g(b)) is amended by adding at the end the following: ``(4) Improving the interstate placement of children.--The Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2018 for providing funding under subsection (g), and the amount so reserved shall remain available through fiscal year 2022.''.	Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include an electronic interstate case-processing system. Indian tribes are exempted from such requirement. Funding is authorized for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2018 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2018, which reserved amount shall remain available through FY2022.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Promotion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Exporting goods and services is a critical part of the United States economy. A recent study by the International Trade Administration recently found that 11.6 million jobs across the country are directly supported by exports. (2) Though United States exports have increased by one- third since 2010 and contributed to roughly one-third of all domestic economic growth, increases in exports have failed to meet lofty goals established by the Administration. (3) An important part of helping small- and mid-size businesses begin to export or to access new markets is export assistance provided by the Federal Government. (4) Numerous resources for companies exist at Federal agencies, including in the Department of Commerce, the Department of Agriculture, the Small Business Administration, the Department of State, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and others. (5) These Federal agencies offer programs to provide technical and cultural assistance, low-cost financing, and the development of future export markets overseas. (6) While these Federal agencies and the programs they operate provide important assistance to United States companies, there is significant overlap among agencies that fails to maximize Federal resources and creates confusion for businesses seeking to navigate the bureaucracy. (7) This confusion leads to less effective export promotion, wasted government resources, and an inability to track the success of Federal efforts. (8) Specifically, the U.S. Government Accountability Office has found that enhanced collaboration among these efforts could improve Federal agency efforts, reduce overlap, and ease confusion for small businesses. (9) Intra-agency efforts have fallen short in providing greater cohesion and communication among Federal export programs. (10) The U.S. Government Accountability Office found significant shortcomings at the Trade Promotion Coordination Committee, including a lack of information about total export promotion resources, ineffectiveness in tracking data and outcomes, and a failure to coordinate export promotion resources with governmentwide policies. (11) Given the shortcoming of Federal export assistance, significant change is necessary to ensure the United States maintains its global economic competitiveness while small businesses can grow their businesses and create more jobs. (12) By consolidating the functions of multiple Federal agencies, including the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State, into the new Export Promotion Agency in the Department of Commerce, small- and mid-size businesses will be able to utilize a one-stop-shop for export assistance. (13) These reforms will reduce waste and overlap to maximize Federal resources, improve businesses' access to information and assistance by cutting bureaucracy, and allow the Department of Commerce to better track and report to Congress on the effectiveness of its export programs. (14) Additionally, including the Trade and Development Agency and the Bureau of Economic and Business Affairs of the Department of State as part of the new agency will strengthen their coordination with traditional export assistance to ensure that United States companies are able to take advantage of new emerging markets overseas. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``Agency'' means the Export Promotion Agency established under section 4(a). (2) Functions.--The term ``functions'' includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. (3) Personnel.--The term ``personnel'' means officers and employees. (4) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Export Promotion appointed under section 4(b). SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGENCY. (a) In General.--There is established in the Department of Commerce an agency to be known as the ``Export Promotion Agency''. (b) Under Secretary.--The head of the Agency shall be the Under Secretary of Commerce for Export Promotion, who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Transfers of Functions.--In accordance with section 7 (relating to transition provisions), there are transferred to the Agency the functions of each of the following: (1) The International Trade Administration. (2) The Office of International Trade of the Small Business Administration. (3) The Trade and Development Agency. (4) The Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture. (5) The Bureau of Economic and Business Affairs of the Department of State. (d) Chairperson of TPCC.--Section 2312(d)(3) of the Export Enhancement Act of 1992 (15 U.S.C. 4727(d)(3)) is amended by inserting ``, acting through the Under Secretary of Commerce for Export Promotion,'' after ``Secretary of Commerce''. (e) Compensation.--Section 5314 of title 5, United States Code, is amended by striking ``and Under Secretary of Commerce for Travel and Tourism'' and inserting ``Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Export Promotion''. SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS. (a) In General.--The Under Secretary shall develop the following: (1) An organizational structure for the Agency that consolidates programs and eliminates duplicative programs, where appropriate. (2) Metrics designed to measure performance on an annual basis with respect to the following: (A) The total exports from the United States, including exports assisted by the Agency. (B) The number of United States business concerns, including small- and medium-sized business concerns, exporting, including exports assisted by the Agency. (C) The number and presence of United States business concerns in key foreign markets. (b) Report.--Not later than 12 months after the date on which the first Under Secretary takes office, the Under Secretary shall submit to Congress a report that contains matters required under subsection (a). SEC. 6. ANNUAL REPORTS TO CONGRESS. The Under Secretary shall submit to Congress an annual report on the operations of the Agency, including the following: (1) The effectiveness of its organizational structure and any changes made to that structure developed under section 5(a)(1). (2) The data the Agency has received from applying the metrics developed under section 5(a)(2). SEC. 7. TRANSITION PROVISIONS. (a) Acting Officials.-- (1) In general.--During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this Act to be appointed by and with such advice and consent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer immediately before the effective date of this Act (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this Act. While so acting, such officers shall receive compensation at the higher of-- (A) the rates provided by this Act for the respective offices in which they act; or (B) the rates provided for the offices held at the time of designation. (2) Rule of construction.--Nothing in this Act shall be understood to require the advice and consent of the Senate to the appointment by the President to a position in the Agency of any officer whose entity or program the functions of which are transferred to the Agency under section 4(c) and whose duties following such transfer are germane to those performed before such transfer. (b) Transfer of Personnel, Assets, Obligations, and Functions.-- (1) In general.--Upon transfer of the functions of an entity or program to the Agency under section 4(c)-- (A) the personnel, assets, and obligations held by or available in connection with such functions shall be transferred to the Under Secretary for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with the provisions of section 1531(a)(2) of title 31, United States Code; and (B) the Under Secretary shall have all functions relating to the entity or program that any other official could by law exercise in relation to the entity or program immediately before such transfer, and shall have in addition all functions vested in the Under Secretary by this Act or other law. (2) Incidental transfers.-- (A) Authorization of director of office of management and budget; termination of affairs.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, entities or programs, or portions thereof transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, entities or programs, or portions thereof, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities and programs terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (B) Transfer of positions within senior executive service.--After consultation with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget is authorized, at such time as the Director of the Office of Management and Budget provides, to make such determinations as may be necessary with regard to the transfer of positions within the Senior Executive Service in connection with functions and entities and programs transferred by this Act. (c) Savings Provisions.-- (1) Completed administrative actions.-- (A) In general.--Completed administrative actions of an entity or program shall not be affected by the enactment of this Act or the transfer of the functions of such entity or program to the Agency under section 4(c), but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (B) Definition.--For purposes of subparagraph (A), the term ``completed administrative action'' includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (2) Pending civil actions.--Subject to the authority of the Under Secretary under this Act, pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of the functions of an entity or program to the Agency under section 4(c), and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. (3) Proceeding not affected.-- (A) In general.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act before any entity or program with respect to functions transferred by this Act, but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made under such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the head of the Federal agency to which such functions are transferred by this Act, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (B) Regulations.--The Under Secretary is authorized to issue regulations providing for the orderly transfer of proceedings continued under subparagraph (A). (d) Termination of Entities and Programs.--On the effective date of this Act, the following entities and programs shall terminate: (1) The International Trade Administration. (2) The Office of International Trade of the Small Business Administration. (3) The Trade Development Agency. (4) The Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture. (5) The Bureau of Economic and Business Affairs of the Department of State. SEC. 8. REFERENCES. With respect to any function of an entity or program transferred to the Agency under section 4(c) to, and exercised on or after the effective date specified in section 9 by, the Under Secretary, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an entity or program of government from which such function is transferred-- (1) to the head of such entity or program is deemed to refer to the Under Secretary of Commerce for Export Promotion; or (2) to such entity or program is deemed to refer to the Export Promotion Agency. SEC. 9. EFFECTIVE DATE. This Act takes effect on the date that is 1 year after the date of the enactment of this Act.	Export Promotion Act This bill establishes the Export Promotion Agency in the Department of Commerce. The bill designates the functions, responsibilities, organizational structure, and reporting requirements of the agency. The bill terminates the following entities and programs and transfers their functions to the agency: the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State.
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT. (a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of such Act. The assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of such Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch. (c) Conforming Amendments.-- (1) Title 5.--Title 5, United States Code, is amended-- (A) by striking out section 3328; (B) in section 3551-- (i) by striking out ``, on release from duty within the time limits specified in section 9(g) of the Military Selective Service Act of 1967 (50 U.S.C. App. 459(g)),''; and (ii) by striking out the second sentence; and (C) in section 5102(b), by striking out ``, including positions'' and all that follows through ``those positions''. (2) Title 8.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (A) in section 101(a)(19) (8 U.S.C. 1101(a)(19))-- (i) by striking out ``section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) or under''; and (ii) by striking ``sections or''; (B) in section 241(a)(2)(D)(iii) (8 U.S.C. 1251(a)(2)(D)(iii)), by striking out ``the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or''; (C) in section 245(a)(4) (8 U.S.C. 1255a(a)(4))-- (i) by adding ``and'' at the end of subparagraph (B); (ii) by striking out ``, and'' at the end of subparagraph (C) and inserting in lieu thereof a period; and (iii) by striking out subparagraph (D); and (D) in section 315(b) (8 U.S.C. 1426(b)), by inserting ``former'' before ``Selective Service System''. (3) Title 10.--Title 10, United States Code, is amended-- (A) in section 511(b), by striking out ``, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),''; (B) in section 511(d), by striking out ``and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), except as provided in section 6(c)(2)(A) (ii) and (iii) of such Act,''; (C) in section 512(a)-- (i) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),'' in the first sentence; and (ii) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.)'' in the third sentence; (D) in section 513-- (i) in subsection (a), by striking out ``(except as provided in subsection (c))''; and (ii) by striking out subsection (c); (E) by striking out paragraph (7) of section 523(b); (F) in section 595(a)-- (i) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),'' in the first sentence; and (ii) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.)'' in the third sentence; (G) in section 641(1)-- (i) by inserting ``or'' at the end of subparagraph (E); (ii) by striking out subparagraph (F); and (iii) by redesignating subparagraph (G) as subparagraph (F); (H) in section 651(a), by striking out ``, other than a person deferred under the next to the last sentence of section 6(d)(1) of the Military Selective Service Act (50 U.S.C App. 456(d)(1))''; (I) in section 1007-- (i) by striking out ``who is assigned to the Selective Service System or''; (ii) by striking out ``assignment or''; and (iii) by striking out ``assigned to the Selective Service System or'' in the section heading; (J) in the table of contents at the beginning of chapter 51, by striking out the item relating to section 1007 and inserting in lieu thereof the following new item: ``1007. Commissioned officers: retention in active status while serving as United States property and fiscal officers.''; and (K) in section 1475(a)(5), by striking out ``who-- '' and all that follows through the period and inserting in lieu thereof ``who has been provisionally accepted for that duty.''. (4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C. 2520) is repealed. (5) Title 26.--Section 3121(n)(5) of the Internal Revenue Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out ``service--'' and all that follows through ``or air service;'' and inserting in lieu thereof ``service who has been provisionally accepted for such duty;''. (6) Title 28.--Section 631(j) of title 28, United States Code, is amended-- (A) in the first sentence of paragraph (1), by striking out ``A magistrate who is inducted'' and all that follows through ``with such forces'' and inserting in lieu thereof ``A magistrate who is ordered to active duty with the Armed Forces of the United States''; and (B) in paragraph (2), by striking out ``receives a certificate of service under section 9(a) of the Military Selective Service Act of 1967 (50 U.S.C. App. 459(a)), or''. (7) Title 29.--The Job Training Partnership Act (29 U.S.C. 1501 et seq.) is amended-- (A) by striking out section 604 (29 U.S.C. 1504); and (B) by striking out subsection (b) of section 426 (29 U.S.C. 1696). (8) Title 37.--Title 37, United States Code, is amended-- (A) in section 301(a), by striking out the last sentence; and (B) in section 308e(1), by striking out ``or under section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)'' both places it appears. (9) Title 38.--Title 38, United States Code, is amended-- (A) in section 2021(a)-- (i) by striking out ``the Military Selective Service Act (or under any prior or subsequent corresponding law)'' and inserting in lieu thereof ``a law providing for such induction''; and (ii) by striking out ``a certificate described in section 9(a) of the Military Selective Service Act (relating to the satisfactory completion of military service)'' and inserting in lieu thereof ``a certificate relating to the satisfactory completion of military service''; and (B) in section 2024(a)-- (i) by striking out ``the provisions of the Military Selective Service Act (or prior or subsequent''; and (ii) by striking out ``Armed Forces)'' and inserting in lieu thereof ``Armed Forces''. (10) Title 42.--(A) Section 210(m) of the Social Security Act (42 U.S.C. 410(m)) is amended by striking out ``service--'' and all that follows through ``or air service;'' and inserting in lieu thereof ``service who has been provisionally accepted for such duty;''. (B) Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 2996f(b)) is amended by striking out paragraph (10) and inserting in lieu thereof the following new paragraph: ``(10) to provide legal assistance with respect to any proceeding or litigation arising out of desertion from the Armed Forces.''. (d) Effective Date.--This Act, and the amendments made by this Act, shall take effect 180 days after the date of the enactment of this Act.	Repeals the Military Selective Service Act. Bars the reestablishment of the Office of Selective Service Records. Requires: (1) the transfer to the Administrator of General Services of the assets, property, and records held by, and the unexpended balances of any appropriations available to, the Selective Service System (SSS); and (2) the Director of the Office of Personnel Management to assist SSS officers and employees in transferring to other positions in the executive branch. Amends the Legal Services Corporation (LSC) Act to bar the use of LSC funds to provide legal assistance with respect to any proceeding or litigation arising out of desertion from the armed forces.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome Prevention Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable; (2) each year, more than 5,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage; (3) 50,000 more infants are born each year with lesser, though still serious, alcohol-related birth defects, known as Fetal Alcohol Effects; (4) Fetal Alcohol Syndrome is a national problem, it can impact any child, family, or community, but its threat to American Indians and Alaska Natives is especially alarming; (5) in some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effects are 30 times greater than national averages; (6) researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effects increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the risks and the emotional, physical, and mental consequences of alcohol exposure to the baby; (7) in addition to the immeasurable toll on Fetal Alcohol Syndrome and Fetal Alcohol Effects children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effects pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals; (8) as a reliable comparison, delivery and care costs are four times greater for infants who were exposed to illicit substances than for infants with no indication of substance exposure, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated, to be at least $1,400,000; and (9) we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such program shall-- (1) coordinate and support epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; (2) coordinate and support national, State, and community- based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; and (3) foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. SEC. 4. ESTABLISHMENT OF PROGRAM. Part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 4--Provisions Relating to Fetal Alcohol Syndrome and Fetal Alcohol Effects ``SEC. 520E. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION PROGRAM. ``(a) In General.--The Secretary, acting through the Substance Abuse and Mental Health Services Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, the Indian Health Service, and other relevant offices, shall establish a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects and coordinate Federal efforts to prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects. ``(b) Elements of Program.--Under the program established under subsection (a), the Secretary shall establish a program that shall-- ``(1) coordinate and support national and targeted public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(2) coordinate and support applied epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(3) conduct and support basic research targeted to developing data to improve prevention and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(4) develop a plan to disseminate diagnostic criteria to health care and social services providers and carry out that plan; and ``(5) establish an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects, which shall be chaired by the Associate Administrator for Alcohol Prevention and Treatment of the Substance Abuse and Mental Health Services Administration, and which shall include representatives from all relevant agencies and offices within the Department of Health and Human Services (including the Indian Health Service) Department of Agriculture, Department of Education, Department of Defense, Department of the Interior (including the Bureau of Indian Affairs), Department of Justice, Bureau of Alcohol, Tobacco, and Firearms, Federal Trade Commission, and any other relevant Federal Agency. ``SEC. 520F. EDUCATION AND PUBLIC AWARENESS. ``The Secretary shall direct the appropriate agencies within the Department of Health and Human Services to-- ``(1) support, conduct and evaluate the effectiveness of-- ``(A) training programs for health care providers, educators, school-based health care providers, social workers, child welfare workers and family members concerning the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) prevention and education programs, including health education, and school-based clinic programs, for school-age children with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(C) public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(2) provide technical and consultative assistance to States, Indian tribal governments, local governments, school- based health care providers, scientific and academic institutions, and non-profit organizations concerning the programs referred to in paragraph (1); and ``(3) award grants to and enter into cooperative agreements and contracts with States, Indian tribal governments, local governments, scientific and academic institutions, entities that fund school-based clinics, and non-profit organizations for the purpose of-- ``(A) enabling such entities to evaluate the effectiveness, with particular emphasis on the cultural sensitivity and age-appropriateness, of the prevention, education and community-based public awareness programs referred to in paragraph (1); ``(B) enabling such entities to provide training to health care providers, school nurses and other school health care providers, including school-based clinic health care providers, educators, family members, social workers, child welfare workers, and others in the prevention, diagnosis and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(C) educating children and youth, including pregnant and high-risk youth, concerning such syndrome and effects with priority given to those programs that are part of a sequential, comprehensive school health education program; and ``(D) increasing public and community awareness concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects through culturally sensitive projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective methods for intervening with friends and family to prevent fetal exposure to alcohol. ``SEC. 520G. APPLIED EPIDEMIOLOGIC RESEARCH AND PREVENTION PROGRAM. ``The Secretary shall direct the appropriate agencies within the Department of Health and Human Services to-- ``(1) conduct and support research on the causes, mechanisms, diagnostic methods, and treatment and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(2) provide technical and consultative assistance and training to States, Indian tribal governments, local governments, other public entities, scientific and academic institutions, and non-profit organizations engaged in the conduct of-- ``(A) Fetal Alcohol Syndrome prevention and early intervention programs; and ``(B) research relating to the causes, mechanisms, diagnosis methods, treatment and prevention, of Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(3) award grants to, and enter into cooperative agreements and contracts with States, Indian tribal governments, local governments, other public entities, scientific and academic institutions, and non-profit organizations to-- ``(A) assist such entities in conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community- based prevention programs and multi-cultural education campaigns, for preventing and intervening in fetal exposure to alcohol; ``(B) improve and coordinate the surveillance and ongoing assessment methods implemented by such entities and the Federal Government, with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects for the purpose of-- ``(i) tracking progress toward achieving relevant Year 2000 Prevention Objectives, set forth by the Public Health Service in the Healthy People 2000: National Health Promotion and Disease Prevention Objectives; ``(ii) identifying successful, culturally sensitive prevention efforts; and ``(iii) identifying children who have symptoms of Fetal Alcohol Syndrome and Fetal Alcohol Effects and may need special health, education, and support services; ``(C) develop and evaluate effective age- appropriate and culturally-sensitive prevention programs for infants, children, adolescents, and adults identified as being at-risk of becoming chemically dependent on alcohol and associated with or developing Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(D) facilitate coordination and collaboration among Federal, State, Tribal, and local Fetal Alcohol Syndrome prevention programs. ``SEC. 520H. BASIC RESEARCH PROGRAM. ``The Secretary shall direct the appropriate agencies within the Department of Health and Human Services to conduct and support research on services research and effective prevention treatments and interventions for pregnant alcohol dependent women and individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effects. ``SEC. 520I. DIAGNOSTIC CRITERIA FOR FETAL ALCOHOL SYNDROME AND FETAL ALCOHOL EFFECTS. ``Not later than 90 days after the date of enactment of this subpart, the Secretary shall direct the appropriate agencies within the Department of Health and Human Services to-- ``(1) develop a plan for widely-disseminating the Fetal Alcohol Syndrome/Fetal Alcohol Effects diagnostic criteria developed by the Department of Health and Human Services under the ADAMHA Reorganization Act (Public Law 102-321) to health care providers, educators, social workers, child welfare workers, and other individuals within 16 months of such date of enactment; and ``(2) disseminate the criteria described in paragraph (1) in accordance with the plan developed under paragraph (1). ``SEC. 520J. INTER-AGENCY TASK FORCE ON FETAL ALCOHOL SYNDROME AND FETAL ALCOHOL EFFECTS. ``(a) Establishment.--Not later than 30 days after the date of enactment of this subpart, the Secretary shall establish an Inter- Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects to foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. ``(b) Membership.--The Task Force established under subsection (a) shall-- ``(1) be chaired by the Associate Administrator for Alcohol Prevention and Treatment of the Substance Abuse and Mental Health Services Administration and staffed by the Administration; and ``(2) include representatives from all relevant agencies and offices within the Department of Health and Human Services, Department of Agriculture, Department of Education, Department of Defense, Department of Interior, Department of Justice, Bureau of Alcohol, Tobacco and Firearms, Federal Trade Commission, and any other relevant Federal agency. ``(c) Functions.--The Task Force established under subsection (a) shall-- ``(1) coordinate all Federal programs and research concerning Fetal Alcohol Syndrome, Fetal Alcohol Effects, and other forms of maternal substance abuse, including those programs-- ``(A) targeting individuals, families, and populations identified as being at risk of acquiring Fetal Alcohol Syndrome, Fetal Alcohol Effects, or other maternal substance abuse; and ``(B) providing health, education, treatment, and social services to infants, children, and adults with Fetal Alcohol Syndrome, Fetal Alcohol Effects, and other drug exposures and their families; and ``(2) coordinate its efforts with existing Department of Health and Human Services task forces on substance abuse prevention and maternal and child health; ``(3) report on an annual basis to the Secretary and relevant Committees of Congress on the current and planned activities of the participating agencies. ``SEC. 520K. ADMINISTRATIVE PROVISIONS WITH RESPECT TO GRANTS, COOPERATIVE AGREEMENTS AND CONTRACTS. ``(a) Eligibility.--To be eligible to receive a grant, cooperative agreement or contract under this subpart, an entity shall-- ``(1) be a State, Indian tribal government, local government, entity that funds a school-based health clinic, scientific or academic institution or non-profit organization; ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under a grant, cooperative agreement, or contract; and ``(3) provide assurances that amounts received under such grants, cooperative agreements or contracts will be used in accordance with this subpart. ``(b) Maintenance of Effort.--No grant, cooperative agreement, or contract may be awarded to an entity under this subpart unless the entity agrees to maintain the expenditures of the entity for activities of the type for which the amounts to be received under a grant, cooperative agreement, or contract are to be used, at a level equal to not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity is applying to receive the grant, cooperative agreement or contract. ``(c) Amounts in Lieu of Cash.--At the request of a recipient of a grant, cooperative agreement, or contract under this subpart, the Secretary may reduce the amount provided under such grant, agreement, or contract by-- ``(1) an amount equal to the fair market value of any supplies or equipment furnished the recipient; and ``(2) an amount equal to the amount of the pay, allowances, and travel expenses of any officer or employee of the Federal Government which was detailed to the recipient and the amount of any other cost incurred in connection with the detail of such officer or employee. ``SEC. 520L. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart, such sums as are necessary for each of the fiscal years 1994 through 1997.''.	Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a comprehensive program to prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects and coordinate related Federal efforts; and (2) an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related research, technical assistance, grants, cooperative agreements, and contracts, prevention programs, professional and public education, and diagnostic criteria. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognition of Jerusalem as the Capital of the State of Israel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) For more than 3,000 years, the Jewish people have maintained a continuous connection and presence in the land of Israel and their eternal and indivisible capital city of Jerusalem. (2) The State of Israel was established on May 14, 1948, in the wake of World War II in order to serve as a homeland and place of refuge for the Jewish people. (3) From 1948 to 1967, Jerusalem was a divided city and not all Israeli citizens of all faiths were entitled to visit the holy sites, and Jews from other countries were restricted in their access to holy sites in the area controlled by Jordan. In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War, and since 1967, Jerusalem has been a unified city administered by Israel, and persons of all faiths have been guaranteed full access to the holy sites within the city. (4) On July 31, 1988, Jordan relinquished its disputed sovereignty claims to Judea and Samaria and East Jerusalem, and therefore sovereign claims to these areas remain ``disputed'', not ``occupied''. (5) In 1990, Congress unanimously adopted Senate Concurrent Resolution 106, which declares that Congress ``strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected''. (6) In 1995, Congress overwhelmingly approved the Jerusalem Embassy Act (Public Law 104-45), requiring the establishment of the United States Embassy in Jerusalem not later than May 31, 1999. (7) The United States maintains its embassy in the functioning capital in every country except in the State of Israel. (8) Israel has far exceeded the 1907 Hague Regulation as directed by international law. Israel has taken all measures to restore and ensure public order and safety in Jerusalem. (9) Jerusalem has been far safer and more protected under Israel's administration than under any previous authorities. (10) Civil life is entirely present in Jerusalem, and all government institutions and related frameworks are also present, including the Knesset, the Bank of Israel, the Ministry of Foreign Affairs, the Prime Minister's and President's offices, and the Supreme Court. SEC. 3. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL AND RELOCATION OF THE UNITED STATES EMBASSY FROM TEL AVIV TO JERUSALEM. (a) Policy.--It is the policy of the United States to recognize Jerusalem as the undivided capital of the State of Israel, both de jure and de facto. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should recognize the sovereign status of an undivided Jerusalem as the capital of the State of Israel; (2) recognizing Jerusalem as the capital of Israel and transferring the United States Embassy to Jerusalem from Tel Aviv will send a signal of United States commitment and resolve to Israel; (3) the President and the Secretary of State should publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel; (4) the President should immediately implement the provisions of the Jerusalem Embassy Act of 1995 (Public Law 104-45), as amended by section 4 of this Act, and begin the process of relocating the United States Embassy in Israel to Jerusalem; and (5) United States officials should refrain from any actions that contradict United States law on this subject. (c) Identification of Jerusalem on Government Documents.-- Notwithstanding any other provision of law, any official document of the United States Government which lists countries and their capital cities shall identify Jerusalem as the capital of Israel. (d) Relocation.--Not later than January 1, 2019, the President shall relocate the United States Embassy in Israel to Jerusalem. SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995. (a) Repeal.--Subject to subsection (b) of this section, section 7 of the Jerusalem Embassy Act of 1995 is repealed. (b) Effective Date.--The repeal specified in subsection (a) shall take effect on January 1, 2018. (c) Redesignation.--At the time of the repeal specified in subsection (a), section 8 of the Jerusalem Embassy Act of 1995 shall be redesignated as section 7. SEC. 5. IMPLEMENTATION REPORT. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that-- (1) details the Department of State's plan to implement this Act; (2) includes estimated dates of completion for each phase of the establishment of the United States Embassy in Jerusalem, including-- (A) site identification; (B) land acquisition; (C) architectural, engineering, and construction surveys; (D) site preparation; and (E) construction; and (3) includes an estimate of the funding needed to implement this Act, including all costs associated with establishing the United States Embassy in Jerusalem.	Recognition of Jerusalem as the Capital of the State of Israel Act This bill states that it is U.S. policy to recognize Jerusalem as the undivided capital of Israel. The bill expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital, (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will signal U.S. commitment to Israel, (3) the President and the Department of State should affirm as a matter of U.S. policy that Jerusalem must remain Israel's undivided capital, (4) the President should implement the provisions of the Jerusalem Embassy Act of 1995 and begin the process of relocating the U.S. Embassy in Israel to Jerusalem, and (5) U.S. officials should refrain from actions that contradict U.S. law on this subject. The bill states that any official U.S. government document that lists countries and their capital cities should identify Jerusalem as Israel's capital. The President shall relocate the U.S. Embassy in Israel to Jerusalem by January 1, 2019. The Jerusalem Embassy Act of 1995 is amended to eliminate the President's authority, effective January, 1, 2018, to waive certain funding limitations for State Department acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ex-Offenders Voting Rights Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship and regaining the right to vote reintegrates offenders into free society. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. Basic constitutional principles of fairness and equal protection require an equal opportunity for United States citizens to vote in Federal elections. (2) Since the founding of the Nation, most States have enacted laws disenfranchising convicted felons and ex-felons. In the last 30 years, due to the dramatic expansion of the criminal justice system, these laws have significantly affected the political voice of many American communities. The momentum toward reform of these policies has been based on a reconsideration of their wisdom in meeting legitimate correctional objectives and the interests of full democratic participation. Forty-eight States and the District of Columbia prohibit inmates from voting while incarcerated for a felony offense. (3) Congress has ultimate supervisory power over Federal elections, an authority that has repeatedly been upheld by the Supreme Court. (4) Although State laws determine the qualifications for voting in Federal elections, Congress must ensure that those laws are in accordance with the Constitution. Currently, those laws vary throughout the Nation, resulting in discrepancies regarding which citizens may vote in Federal elections. (5) Only two States (Maine and Vermont) permit inmates to vote. Thirty-five States prohibit felons from voting while they are on parole and 30 of these States exclude felony probationers as well. Two States deny the right to vote to all ex-offenders who have completed their sentences. Nine others disenfranchise certain categories of ex-offenders or permit application for restoration of rights for specified offenses after a waiting period (e.g., 5 years in Delaware and Wyoming, and 2 years in Nebraska). Each State has developed its own process of restoring voting rights to ex-offenders but most of these restoration processes are so cumbersome that few ex- offenders are able to take advantage of them. (6) An estimated 5,300,000 million Americans, or one in 41 adults, have currently or permanently lost their voting rights as a result of a felony conviction. (7) State disenfranchisement laws disproportionately impact ethnic minorities. (8) Thirteen States disenfranchise some or all ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense. (9) In those States that disenfranchise ex-offenders who have fully served their sentences, the right to vote can be regained in theory, but in practice this possibility is often illusory. (10) In eight States, a pardon or order from the Governor is required for an ex-offender to regain the right to vote. In two States, ex-offenders must obtain action by the parole or pardon board to regain that right. (11) Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In at least 16 States, Federal ex-offenders cannot use the State procedure for restoring their voting rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon. (12) Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed. (13) Thirteen percent of the African-American adult male population, or 1,400,000 African-American men, are disenfranchised. Given current rates of incarceration, 3 in 10 African-American men in the next generation will be disenfranchised at some point during their lifetimes. Hispanic citizens are also disproportionately disenfranchised, since those citizens are disproportionately represented in the criminal justice system. (14) An estimated 676,730 women are currently ineligible to vote as a result of a felony conviction. More than 2,000,000 White Americans (Hispanic and non-Hispanic) are disenfranchised as a result of a felony conviction. In five States that deny the vote to ex-offenders, one in four Black men is permanently disenfranchised. (15) Given current rates of incarceration, three in ten of the next generation of Black men can expect to be disenfranchised at some point in their lifetime. In States that disenfranchise ex-offenders, as many as 40 percent of Black men may permanently lose their right to vote. Two million one hundred thousand disenfranchised persons are ex-offenders who have completed their sentences. (16) The discrepancies described in this subsection should be addressed by Congress, in the name of fundamental fairness and equal protection. (b) Purpose.--The purpose of this Act is to restore fairness in the Federal election process by ensuring that ex-offenders who have fully served their sentences are not denied the right to vote. SEC. 3. RIGHTS OF CITIZENS. (a) Protecting Right To Vote in Federal Elections.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. (b) Definitions.--In this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, Congress. SEC. 4. NOTIFYING INDIVIDUALS WHO REGAIN RIGHT TO VOTE. (a) Requiring Notification.-- (1) In general.--The Chief State correctional officer of each State shall ensure that, not later than 30 days after an individual who is serving a felony sentence in a correctional institution or facility in the State is released from the institution or facility, including an individual who is released on parole or probation, the individual is notified of the individual's right to vote in elections for Federal office and of the date of the next such election in which the individual may vote. (2) Exception for individuals continuing to serve sentences.--Paragraph (1) does not apply in the case of an individual who is released from a correctional institution or facility to serve a felony sentence in a different correctional institution or facility. (3) Definitions.--In this subsection-- (A) the term ``parole'' means parole (including mandatory parole) or conditional or supervised release (including mandatory supervised release) which is imposed by a Federal, State, or local court; and (B) the term ``probation'' means probation imposed by a Federal, State, or local court with or without a condition on the individual involved concerning-- (i) the individual's freedom of movement, (ii) the payment of damages by the individual, (iii) periodic reporting by the individual to an officer of the court, or (iv) supervision of the individual by an officer of the court. (b) Application to Individuals Released From Federal Institutions or Facilities.--Subsection (a) shall apply to the Director of the Bureau of Prisons with respect to individuals released from an institution or facility under the Director's jurisdiction in the same manner as such subsection applies to the Chief State correctional officer of a State with respect to individuals released from institutions or facilities in that State. SEC. 5. ENFORCEMENT. (a) Attorney General.--The Attorney General may bring a civil action in a court of competent jurisdiction to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) Notice.--A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Action.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice provided under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation. (3) Action for violation shortly before a federal election.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person shall not be required to provide notice to the chief election official of the State under paragraph (1) before bringing a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation. SEC. 6. RELATION TO OTHER LAWS. (a) No Prohibition on Less Restrictive Laws.--Nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act. (b) No Limitation on Other Laws.--The rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).	Ex-Offenders Voting Rights Act of 2008 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Requires the chief correctional officer of each state to inform convicted felons within 30 days after their release of their right to vote in elections for federal office and the date of the next election in which they are eligible to vote. Provides for enforcement and remedies for violations of this Act. Specifies that: (1) nothing in this Act shall be construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Tax Deduction Act of 2001''. SEC. 2. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of the amount paid during the taxable year for-- ``(1) insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(2) unreimbursed prescription drug expenses paid by the taxpayer for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitations and Special Rules.-- ``(1) Employer contributions to cafeteria plans, flexible spending arrangements, and medical savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, or a medical savings account which are excluded from gross income under section 106 shall be treated for purposes of subsection (a) as paid by the employer. ``(2) Deduction not available for payment of ancillary coverage premiums.--Any amount paid as a premium for insurance which provides for-- ``(A) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(B) making payments of a fixed amount per day (or other period) by reason of being hospitalized, shall not be taken into account under subsection (a). ``(3) Coordination with deduction for health insurance and prescription drug costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(4) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(c) Definitions.--For purposes of this section-- ``(1) Medical care.-- ``(A) In general.--The term `medical care' has the meaning given such term by section 213(d) without regard to-- ``(i) paragraph (1)(C) thereof, and ``(ii) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(B) Exclusion of certain other contracts.--The term `medical care' shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(2) Unreimbursed prescription drug expenses.--The term `unreimbursed prescription drug expenses' means amounts paid or incurred for a prescribed drug (as defined by section 213(d)(3)) the cost of which to the taxpayer is not reimbursed by insurance or otherwise. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Health insurance and prescription drug costs.--The deduction allowed by section 222.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Health insurance and prescription drug costs. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to general rule for allowance of deduction for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the sum of-- ``(A) 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(B) unreimbursed prescription drug expenses (within the meaning of section 222(c)(2)) paid during the taxable year by the taxpayer for the taxpayer and the taxpayer's spouse and dependents.''. (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) of such Code is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.''. (c) Clerical Amendment.--The heading for section 162(l) of such Code is amended by inserting ``and Prescription Drug'' after ``Insurance''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.	Health Care Tax Deduction Act of 2001 - Amends the Internal Revenue Code to allow all individuals a deduction (not subject to the 7.5 percent medical deduction limitation) for amounts paid for qualifying health insurance and unreimbursed prescription drugs on behalf of the taxpayer, spouse, and dependents.Provides self-employed individuals not otherwise covered with 100 percent coverage for health insurance and unreimbursed prescription drug costs on behalf of the taxpayer, spouse, and dependents.Coordinates such deductions with existing individual and self-employed medical deduction provisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) murder; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Fees for Background Checks.-- (1) Charging of fees.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. (2) Administrative funds.--A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees charged for conducting such criminal background check. (c) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', ``State'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.	Protecting Students from Sexual and Violent Predators Act This bill requires a state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with state law or LEA policies; provide a school employee with a timely process to appeal the results of a background check; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a school employee's recent background check with another LEA that is considering that individual for employment.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Overdraft Protection Fair Practices Act''. SEC. 2. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES. (a) Truth in Lending Act Amendments.-- (1) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection: ``(cc) Terms Relating to Short-Term Extensions of Credit Under Overdraft Protection Programs.-- ``(1) Overdraft protection fee.--The term `overdraft protection fee' means any fee or charge imposed in connection with any account on which checks or other debits are paid by the institution in which such account is held even though there are insufficient funds in the account to cover such checks or other debits, unless such fee or charge-- ``(A) is imposed on an incidental basis as a customer accommodation and no more than 3 such overdraft fees are imposed during any calendar year; ``(B) is imposed in connection with an extension of credit through an overdraft line of credit program where such fee or charge was considered a finance charge under this title, as in effect immediately prior to the enactment of the Consumer Overdraft Protection Fair Practices Act; or ``(C) has been disclosed in connection with a program under which the overdraft is covered by funds transferred from another deposit, share, or other asset account. ``(2) Other terms.-- ``(A) Check.--The term `check' has the same meaning as in section 3(6) of the Check Clearing for the 21st Century Act. ``(B) Other debits.--The term `other debits' includes withdrawals from an account by the consumer through an automated teller machine and electronic fund transfers from an account that are initiated or authorized by the consumer. ``(C) Electronic fund transfer.--The term `electronic fund transfer' has the same meaning as in section 903. ``(D) Account.--The term `account' means any account intended for use by and generally used by a consumer primarily for personal, family, or household purposes into which the consumer deposits funds. ``(E) Transaction account.--The term `transaction account' has the same meaning as in section 19(b)(1)(C) of the Federal Reserve Act.''. (2) Restrictions on overdraft protection programs or services.-- (A) In general.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``Sec. 140. Restrictions on overdraft protection programs or services ``(a) In General.--In the case of any transaction account of a consumer at any institution, no overdraft protection fee may be imposed on such account for any extension of funds by the institution to cover any check or other debit for which there are insufficient funds in the consumer's account to pay such check or other debit, unless-- ``(1) the consumer has provided specific written consent to any program or service that provides for charging of such fees in connection with any such extension of funds; ``(2) such fee is imposed pursuant to the terms of a written agreement with the consumer which discloses, in a clear and conspicuous manner-- ``(A) the amount of any fee imposed in connection with paying an overdraft; ``(B) any applicable disclosure required by this title in connection with such extension of credit, including the disclosures required by section 127; ``(C) the categories of transactions for which a fee for payment of an overdraft may be imposed, including whether an overdraft created by withdrawals at automated teller machines or other electronic fund transfers will be covered and a fee imposed; ``(D) the time period by which the consumer must repay or cover any extension of credit in the form of payment of an overdraft; and ``(E) the circumstances under which the institution in which an account is held will not pay an overdraft; and ``(F) other information required to be disclosed by regulation; ``(3) such fee is separately and conspicuously disclosed, each time the fee is imposed, in any periodic statement provided to the consumer with respect to such account and is included in the calculation of the annual percentage rate as required by sections 107 and 127(b)(6). ``(b) Clarification Relating to Overdraft Fees.--In the case of any transaction account of a consumer at any institution, the prohibition against an overdraft protection fee under subsection (a) shall apply regardless of whether the amount of such fee is the same as, or less than, any fee imposed by the institution with respect to such account for a check or other debit that is returned unpaid. ``(c) Prohibition on Misrepresentations.--If any institution-- ``(1) will not extend funds under specific circumstances to cover an overdraft in any transaction account of a consumer at the institution; or ``(2) reserves the right to extend funds to pay any such overdraft on a discretionary basis, any representation by such institution that the institution will extend credit to cover all overdrafts on such account shall be a violation of this title.''. (B) Clerical amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 139 the following new item: ``140. Restrictions on overdraft protection programs or services.''. (3) Restrictions on advertising of overdraft protection programs or services.-- (A) In general.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by adding at the end the following new section: ``Sec. 148. Restrictions on advertising of overdraft protection programs or services ``(a) In General.--In the case of an institution that maintains transaction accounts for consumers and offers a program or service under which the institution pays any overdraft on the account in exchange for payment of an overdraft protection fee, the institution may not make any of the following representations or statements with respect to such program or service in any advertisement or promotion: ``(1) Any representation or statement describing a transaction account as free or no cost if the account includes, or is promoted as including, overdraft protection services that involve the payment of overdraft protection fees. ``(2) Any representation or statement encouraging use of the account as a service to meet short-term credit needs or to obtain advances on a consumer's next payment of salary, wages, benefits, or other income. ``(3) Any representation or statement that the financial institution will honor all checks or other debits presented against the account, if the institution retains discretion at any time not to honor any check or other debit presented. ``(b) Regulations.--The Board shall prescribe regulations implementing the restrictions set forth in subsection (a) pursuant to the authority of the Board under section 18(f) of the Federal Trade Commission Act, and may, by regulation or order, restrict such additional acts or practices that the Board finds to be unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services.''. (B) Clerical amendment.--The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 147 the following new item: ``148. Restrictions on advertising of overdraft protection programs or services.''. (4) Clarification of finance charge.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding at the end the following new paragraph: ``(7) Overdraft protection fee.''. (b) Electronic Fund Transfer Act Amendments.--Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended by adding at the end the following new subsection: ``(e) Restrictions on Overdraft Protection Services and Fees.-- ``(1) In general.--A financial institution that holds a consumer's account may not impose an overdraft protection fee on the account in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer, unless-- ``(A) the consumer has affirmatively requested such service pursuant to section 140(a)(1), including specific consent to allowing overdrafts at an automated teller machine or by debit card at a point-of-sale terminal; ``(B) the financial has provided a notice to the consumer after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction, that the electronic fund transfer the consumer has requested will result in an overdraft protection fee, together with the amount of any such fee; ``(C) the consumer elects to continue in the manner necessary to effect the requested electronic fund transfer after receiving such notice; and ``(D) the overdraft protection fee imposed in connection with such transaction is clearly disclosed in the written documentation of the electronic fund transfer required by section 906(a). ``(2) Prohibition on fee in absence of notice.--If the notice required by paragraph (1)(B) is not feasible, the financial institution may not charge an overdraft protection fee in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine or by debit card at a point-of-sale terminal in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer. ``(3) Disclosure of account balances.--In the case of any financial institution that offers a program or service under which the institution pays any overdraft on a consumer's account in exchange for the imposition of an overdraft protection fee in accordance with paragraph (1), the financial institution shall, in response to a balance inquiry initiated by the consumer at an automated teller machine operated by the financial institution, disclose only the actual dollar balance in the consumer's account at the time of the request, which shall not include any additional amount of credit or overdraft protection the financial institution will pay under any agreement with the consumer that permits the imposition of the overdraft protection fee. ``(4) Overdraft protection fee defined.--For purposes of this subsection, the term `overdraft protection fee' has the same meaning as in section 103(cc)(1).''. (c) Expedited Funds Availability Act Amendments.-- (1) Definition.--Section 602 of the Expedited Funds Availability Act (12 U.S.C. 4001) is amended by adding at the end the following new paragraph: ``(26) Overdraft protection fee.--The term `overdraft protection fee' has the same meaning as in section 103(cc)(1) of the Truth in Lending Act.''. (2) Restrictions on overdraft protection fees.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by adding at the end the following new subsection: ``(f) Restrictions on Overdraft Protection Fees.--A depository institution may not-- ``(1) impose an overdraft protection fee on an account at such institution for paying any check drawn on the account in spite of a lack of sufficient funds in the account to pay such check or any similar activity unless the accountholder has affirmatively requested such service pursuant to section 140(a)(1) of the Truth in Lending Act; or ``(2) engage in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in 1 or more overdrafts that trigger payment by the accountholder of an overdraft protection fee.''.	Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions on: (1) overdraft protection programs or services for consumers; and (2) representations or statements with respect to such a program or service in any advertisement or promotion. Amends the Electronic Fund Transfer Act and the Expedited Funds Availability Act to set forth restrictions on overdraft protection programs or services for consumers.
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER COMPANIES PERMITTED. (a) In General.--Section 1504(b) of the Internal Revenue Code of 1986 (defining includible corporation) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. (b) Conforming Amendments.-- (1) Section 1503 of such Code is amended by striking subsection (c) (relating to special rule for application of certain losses against income of insurance companies taxed under section 801) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Section 1504 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (d) Phase-In of Application of Certain Losses Against Income of Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007-- (1) In general.--If-- (A) an affiliated group includes 1 or more domestic insurance companies each of which is subject to tax under section 801 of the Internal Revenue Code of 1986, (B) the common parent of such group has elected to treat all such companies as includible corporations, and (C) the consolidated taxable income of the members of the group not taxed under such section 801 results in a consolidated net operating loss for such taxable year, then, under regulations prescribed by the Secretary of the Treasury or his delegate, the amount of such loss which cannot be absorbed in the applicable carryback periods against the taxable income of such members not taxed under such section 801 shall be taken into account in determining the consolidated taxable income of the affiliated group for such taxable year to the extent of the applicable percentage of such loss or the applicable percentage of the taxable income of the members taxed under such section 801, whichever is less. The unused portion of such loss shall be available as a carryover, subject to the same limitations (applicable to the sum of the loss for the carryover year and the loss (or losses) carried over to such year), in applicable carryover years. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: For taxable years beginning in: The applicable percentage is: 2001................................................... 40 2002................................................... 50 2003................................................... 60 2004................................................... 70 2005................................................... 80 2006................................................... 90. (e) Election for Pre-2007 Years of Groups With Insurance Companies.--For taxable years beginning after December 31, 2000, and before January 1, 2007, the common parent of an affiliated group which includes 1 or more domestic insurance companies subject to tax under section 801 of such Code may elect to treat all such insurance companies as corporations which are not includible corporations within the meaning of subsection (b) of section 1504 of such Code, if, as of the date of the enactment of this section-- (1) such affiliated group included 1 or more insurance companies subject to tax under section 801 of such Code, and (2) no additional election was in effect under section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act). (f) No Carryback Before January 1, 2001.--To the extent that a consolidated net operating loss is allowed or increased by reason of the amendments made by this section, such loss may not be carried back to a taxable year beginning before January 1, 2001. (g) Nontermination of Group.--No affiliated group shall terminate solely as a result of the amendments made by this section. (h) Subsidiary Stock Basis Adjustments.--A parent corporation's basis in the stock of a subsidiary corporation shall be adjusted to reflect the preconsolidation income, gain, deduction and loss incurred during a period when such corporations were members of an affiliated group (determined without regard to section 1504(b)(2) of such Code as in effect on the day before the date of enactment of this Act) but were not included in a consolidated return of such group by operation of section 1504(c)(2)(A) of such Code (as in effect on the day before the date of the enactment of this Act). (i) Waiver of 5-Year Waiting Period.--Under regulations prescribed by the Secretary of the Treasury or his delegate, an automatic waiver from the 5-year waiting period for reconsolidation provided in section 1504(a)(3) of such Code shall be granted to any corporation which was previously an includible corporation but was subsequently deemed a nonincludible corporation as a result of becoming a subsidiary of a corporation which was not an includible corporation solely by operation of section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act).	Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.)Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Examination Fairness and Reform Act''. SEC. 2. AMENDMENT TO DEFINITION OF FINANCIAL INSTITUTION. Section 1003(3) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302(3)) is amended to read as follows: ``(3) the term `financial institution'-- ``(A) means a commercial bank, a savings bank, a trust company, a savings association, a building and loan association, a homestead association, a cooperative bank, or a credit union; and ``(B) for purposes of sections 1012, 1013, and 1014, includes a nondepository covered person subject to supervision by the Bureau of Consumer Financial Protection under section 1024 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514).''. SEC. 3. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Independent Examination Review Director describing with particularity the reasons that a longer period is needed to complete the examination. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 4. INDEPENDENT EXAMINATION REVIEW DIRECTOR. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW. ``(a) Establishment.--There is established in the Council an Office of Independent Examination Review (the `Office'). ``(b) Head of Office.--There is established the position of the Independent Examination Review Director (the `Director'), as the head of the Office. The Director shall be appointed by the Council and shall be independent from any member agency of the Council. ``(c) Term.--The Director shall serve for a term of 5 years, and may be appointed to serve a subsequent 5-year term. ``(d) Staffing.--The Director is authorized to hire staff to support the activities of the Office. ``(e) Duties.--The Director shall-- ``(1) receive and, at the Director's discretion, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; ``(2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; ``(3) in accordance with subsection (f), review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; ``(4) conduct a continuing and regular review of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; ``(5) adjudicate any supervisory appeal initiated under section 1014; and ``(6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council's recommendations for improvements in examination procedures, practices, and policies. ``(f) Standard for Reviewing Examination Procedures.--In conducting reviews pursuant to subsection (e)(4), the Director shall prioritize factors relating to the safety and soundness of the financial system of the United States. ``(g) Removal.--If the Director is removed from office, the Council shall communicate in writing the reasons for any such removal to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 30 days before the removal. ``(h) Confidentiality.--The Director shall keep confidential all meetings with, discussions with, and information provided by financial institutions.''. SEC. 5. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 4, is further amended by adding at the end the following: ``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. ``(a) In General.--A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. ``(b) Notice.-- ``(1) Timing.--A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Independent Examination Review Director (the `Director') within 60 days after receiving the final report of examination that is the subject of such review. ``(2) Identification of determination.--The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. ``(3) Information to be provided to institution.--Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. ``(c) Right to Hearing.-- ``(1) In general.--The Director shall determine the merits of the appeal on the record or, at the financial institution's election, shall refer the appeal to an Administrative Law Judge to conduct a confidential hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which hearing shall take place not later than 60 days after the petition for review was received by the Director, and to issue a proposed decision to the Director based upon the record established at such hearing. ``(2) Standard of review.--In rendering a determination or recommendation under this subsection, neither the Administrative Law Judge nor the Director shall defer to the opinions of the examiner or agency, but shall conduct a de novo review to independently determine the appropriateness of the agency's decision based upon the relevant statutes, regulations, and other appropriate guidance, as well as evidence adduced at any hearing. ``(d) Final Decision.--A decision by the Director on an independent review under this section shall-- ``(1) be made not later than 60 days after the record has been closed; and ``(2) subject to subsection (e), be deemed a final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. ``(e) Limited Review by FFIEC.-- ``(1) In general.--If the agency whose supervisory determination was the subject of the review believes that the Director's decision under subsection (d) would pose an imminent threat to the safety and soundness of the financial institution, such agency may file a written notice seeking review of the Director's decision with the Council within 10 days of receiving the Director's decision. ``(2) Standard of review.--In making a determination under this subsection, the Council shall conduct a review to determine whether there is substantial evidence that the Director's decision would pose an imminent threat to the safety and soundness of the financial institution. ``(3) Final determination.--A determination by the Council shall-- ``(A) be made not later than 30 days after the filing of the notice pursuant to paragraph (1); and ``(B) be deemed a final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. ``(f) Right to Judicial Review.--A financial institution shall have the right to petition for review of final agency action under this section by filing a Petition for Review within 60 days of the Director's decision or the Council's decision in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. ``(g) Report.--The Director shall report annually to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. ``(h) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party (as defined under section 3 of the Federal Deposit Insurance Act), for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section. ``(i) Rule of Construction.--Nothing in this section may be construed-- ``(1) to affect the right of a Federal financial institutions regulatory agency to take enforcement or other supervisory actions related to a material supervisory determination under review under this section; or ``(2) to prohibit the review under this section of a material supervisory determination with respect to which there is an ongoing enforcement or other supervisory action.''. SEC. 6. ADDITIONAL AMENDMENTS. (a) Riegle Community Development and Regulatory Improvement Act of 1994.--Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806) is amended-- (1) in subsection (a), by inserting after ``appropriate Federal banking agency'' the following: ``, the Bureau of Consumer Financial Protection,''; (2) in subsection (b)-- (A) in paragraph (2), by striking ``the appellant from retaliation by agency examiners'' and inserting ``the insured depository institution or insured credit union from retaliation by the agencies referred to in subsection (a)''; and (B) by adding at the end the following flush-left text: ``For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution's or credit union's rights under this section.''; (3) in subsection (e)(2)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection.''; and (4) in subsection (f)(1)(A)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking ``and'' at the end; and (C) by adding at the end the following: ``(iv) any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors; and ``(v) any suspension or removal of an institution's status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for another material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and''. (b) Federal Credit Union Act.--Section 205(j) of the Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``the Administration'' each place such term appears. (c) Federal Financial Institutions Examination Council Act of 1978.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended-- (1) in section 1003, by amending paragraph (1) to read as follows: ``(1) the term `Federal financial institutions regulatory agencies'-- ``(A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and ``(B) for purposes of sections 1012, 1013, and 1014, includes the Bureau of Consumer Financial Protection;''; and (2) in section 1005, by striking ``One-fifth'' and inserting ``One-fourth''. SEC. 7. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS. (a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and inserting ``$7,324,285,000''. (b) Effective Date.--Subsection (a) shall take effect on June 1, 2018. Passed the House of Representatives March 15, 2018. Attest: KAREN L. HAAS, Clerk.	Financial Institutions Examination Fairness and Reform Act (Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to apply specified procedures related to reporting and review, as established by the bill, to a nondepository covered person that is subject to Consumer Financial Protection Bureau (CFPB) supervision. (Sec. 3) The bill sets deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency. (Sec. 4) The Office of Independent Examination Review is established to adjudicate appeals and investigate complaints from financial institutions concerning examination reports. (Sec. 5) Financial institutions have the right to an independent review of a material supervisory determination. The bill also establishes a limited review by the Federal Financial Institutions Examination Council (FFIEC) if there is evidence that the final decision reached by the office would pose an imminent threat to the financial institution's safety and soundness. Certain retaliatory actions by regulatory agencies with respect to such review are prohibited.  (Sec. 6) The bill also requires the establishment of an independent internal agency appellate process at the CFPB for the review of supervisory determinations made at institutions supervised by the CFPB. The proportion of FFIEC costs covered by regulatory agencies is raised. (Sec. 7) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks.