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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act of 2006''. SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. (a) Unlawful Conduct.-- (1) Unfair and deceptive act or practice.--It shall be an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging as defined by rule pursuant to subsection (b). (2) Definition.--For purposes of this subsection, the term ``biofuel'' means any fuel containing any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (b) Price Gouging.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the enforcement of this section. (2) Contents.--Such rules-- (A) shall define ``price gouging'', ``retail sale'', and ``wholesale sale'' for purposes of this Act; and (B) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)). (c) Enforcement.-- (1) In general.--Except as provided in subsection (d), a violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (2) Exclusive enforcement.--Notwithstanding any other provision of law, no person, State, or political subdivision of a State, other than the Federal Trade Commission or the Attorney General of the United States to the extent provided for in section 5 of the Federal Trade Commission Act or the attorney general of a State as provided by subsection (d), shall have any authority to enforce this Act or any rule prescribed pursuant to this Act. (d) Enforcement by State Attorneys General.-- (1) Civil action.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to impose a civil penalty under subsection (e). (2) Intervention by the ftc.-- (A) Notice and intervention.--The State shall provide prior written notice of any action under paragraph (1) to the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no attorney general of a State may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (3) Construction with respect to powers conferred by state law.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State. (e) Civil Penalty.-- (1) In general.--Notwithstanding any civil penalty that otherwise applies to a violation of a rule referred to in subsection (c)(1), any person who violates subsection (a) shall be liable for a civil penalty under this subsection. (2) Amount.--The amount of a civil penalty under this subsection shall be an amount equal to-- (A) in the case of a wholesale sale in violation of subsection (a), the sum of-- (i) 3 times the difference between-- (I) the total amount charged in the wholesale sale; and (II) the total amount that would be charged in such a wholesale sale made at the wholesale fair market price; plus (ii) an amount not to exceed $3,000,000 per day of a continuing violation; or (B) in the case of a retail sale in violation of subsection (a), 3 times the difference between-- (i) the total amount charged in the sale; and (ii) the total amount that would be charged in such a sale at the fair market price for such a sale. (3) Deposit.--Of the amount of any civil penalty imposed under this section with respect to any sale in violation of subsection (a) to a person that resides in a State, the portion of such amount that is determined under subparagraph (A)(i) or (B) (or both) of paragraph (2) shall be deposited into-- (A) any account or fund established under the laws of the State and used for paying compensation to consumers for violations of State consumer protection laws; or (B) in the case of a State for which no such account or fund is establish by State law, into the general fund of the State treasury. (f) Criminal Penalty.-- (1) In general.--In addition to any other penalty that applies, a violation of subsection (a) is punishable-- (A) in the case of a wholesale sale in violation of subsection (a), by a fine of not more than $150,000,000, imprisonment for not more than 2 years, or both; or (B) in the case of a retail sale in violation of subsection (a), by a fine of not more than $2,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General, in accordance with section 515 of title 28, United States Code. Passed the House of Representatives May 3, 2006. Attest: KAREN L. HAAS, Clerk.	Federal Energy Price Protection Act of 2006 - Declares that it shall be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging. Defines "biofuel" as any fuel containing specified organic matter Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act. Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; and (3) state attorneys general. Prescribes guidelines for enforcement of civil actions by state attorneys general, including injunctions, compliance enforcement and civil penalties. Preempts state enforcement action while federal action is pending. Prescribes civil and criminal penalties for violations of this Act. Restricts enforcement of criminal penalties to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General.
SECTION. 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT; GRANT AUTHORITY. (a) Amendment Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by adding at the end the following: ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ``The President may agree to amendments to the Cooperation Agreement that-- ``(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and ``(2) amend the definition of `border region' to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.''. (b) Grant Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3), as amended by subsection (a), is amended by adding at the end the following: ``SEC. 546. GRANTS OUT OF PAID-IN CAPITAL RESOURCES. ``(a) In General.--The President shall instruct the United States Federal Government representatives on the Board of Directors of the North American Development Bank to oppose any proposal where grants out of the Bank's paid-in capital resources, except for grants from paid-in capital authorized for the community adjustment and investment program under the Bank's charter of 1993, would-- ``(1) be made to a project that is not being financed, in part, by loans; or ``(2) account for more than 50 percent of the financing of any individual project. ``(b) Exception.-- ``(1) General rule.--The requirements of subsection (a) shall not apply in cases where-- ``(A) the President determines there are exceptional economic circumstances for making the grant and consults with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives; or ``(B)(i) the grant is being made for a project that is so small that obtaining a loan is impractical; and ``(ii) the grant does not exceed $250,000. ``(2) Limitation.--Not more than an aggregate of $5,000,000 in grants may be made under this subsection.''. (c) Clerical Amendment.--Section 1(b) of such public law is amended in the table of contents by inserting after the item relating to section 544 the following: ``Sec. 545. Authority to agree to certain amendments to the Border Environment Cooperation Agreement. ``Sec. 546. Grants out of paid-in capital resources.''. SEC. 2. ANNUAL REPORT. The Secretary of the Treasury shall submit annually to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on the North American Development Bank, which addresses the following issues: (1) The number and description of the projects that the North American Development Bank has approved. The description shall include the level of market-rate loans, non-market-rate loans, and grants used in an approved project, and a description of whether an approved project is located within 100 kilometers of the international boundary between the United States and Mexico or within 300 kilometers of the international boundary between the United States and Mexico. (2) The number and description of the approved projects in which money has been dispersed. (3) The number and description of the projects which have been certified by the Border Environment Cooperation Commission, but yet not financed by the North American Development Bank, and the reasons that the projects have not yet been financed. (4) The total of the paid-in capital, callable capital, and retained earnings of the North American Development Bank, and the uses of such amounts. (5) A description of any efforts and discussions between the United States and Mexican governments to expand the type of projects which the North American Development Bank finances beyond environmental projects. (6) A description of any efforts and discussions between the United States and Mexican governments to improve the effectiveness of the North American Development Bank. (7) The number and description of projects authorized under the Water Conservation Investment Fund of the North American Development Bank. SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE RIVER VALLEY. (a) Findings.--The Congress finds that-- (1) Texas irrigators and agricultural producers are suffering enormous hardships in the lower Rio Grande River valley because of Mexico's failure to abide by the 1944 Water Treaty entered into by the United States and Mexico; (2) over the last 10 years, Mexico has accumulated a 1,500,000- acre fee water debt to the United States which has resulted in a very minimal and inadequate irrigation water supply in Texas; (3) recent studies by Texas A&M University show that water savings of 30 percent or more can be achieved by improvements in irrigation system infrastructure such as canal lining and metering; (4) on August 20, 2002, the Board of the North American Development Bank agreed to the creation in the Bank of a Water Conservation Investment Fund, as required by Minute 308 to the 1944 Water Treaty, which was an agreement signed by the United States and Mexico on June 28, 2002; and (5) the Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; and (2) the Board of the North American Development Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE SOUTHERN CALIFORNIA AREA. It is the sense of the Congress that the Board of the North American Development Bank should support-- (1) the development of qualified water conservation projects in southern California and other eligible areas in the 4 United States border States, including the conjunctive use and storage of surface and ground water, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross- border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the 4 United States border States to desalinate ocean seawater and brackish surface and groundwater, and dispose of or manage the brines resulting from desalination. SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED STATES. (a) Findings.--The Congress finds as follows: (1) Irrigators and agricultural producers are suffering enormous hardships in the southwest United States. The border States of California, Arizona, New Mexico, and Texas are suffering from one of the worst droughts in history. In Arizona, this is the second driest period in recorded history and the worst since 1904. (2) In spite of decades of water conservation in the southwest United States, irrigated agriculture uses more than 60 percent of surface and ground water. (3) The most inadequate water supplies in the United States are in the Southwest, including the lower Colorado River basin and the Great Plains River basins south of the Platte River. In these areas, 70 percent of the water taken from the stream is not returned. (4) The amount of water being pumped out of groundwater sources in many areas is greater than the amount being replenished, thus depleting the groundwater supply. (5) On August 20, 2002, the Board of the North American Development Bank agreed to the creation in the bank of a Water Conservation Investment Fund. (6) The Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; (2) the Board of the North American Development Bank should support qualified water conservation projects that can assist irrigators and agricultural producers; and (3) the Board of the North American Development Bank should take into consideration the needs of all of the border states before approving funding for water projects, and strive to fund water conservation projects in each of the border states. SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF PROJECTS. (a) In General.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, that address coastal issues and the problem of pollution in both countries having an environmental impact along the Pacific Ocean and Gulf of Mexico shores of the United States and Mexico. (b) Air Pollution.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address air pollution. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	(Sec. 1) Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include specified areas in the United States and Mexico that are within 300 kilometers of the international boundary between the two countries. (Sec. 2) Directs the Secretary of the Treasury to report annually to certain congressional committees on the North American Development Bank, addressing specified issues. Directs the President to instruct the U.S. representative on the Board of Directors of the North American Development Bank to oppose, with exceptions, any proposal where grants out of paid-in capital resources would: (1) be made to a project that is not being financed, in part, by loans; or (2) account for more than 50 percent of any individual project. (Sec. 3) Expresses the sense of Congress that: (1) water conservation projects are eligible for funding from the Bank under the Cooperation Agreement; and (2) the Board of Directors of the Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. (Sec. 4) Expresses the sense of Congress that the Bank should support: (1) the development of qualified water conservation projects in southern California and other eligible areas in the four U.S. border States (California, Arizona, New Mexico, and Texas), including the conjunctive use and storage of surface water and groundwater, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross-border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the four U.S. border States to desalinate ocean seawater and brackish surface water and groundwater, and dispose of or manage the brines resulting from desalination. (Sec. 5) Expresses the sense of Congress that the Bank Board should: (1) take into consideration the needs of all of the border states before approving funding for water conservation projects; and (2) strive to fund such projects in each of such states. (Sec. 6) Expresses the sense of Congress that the Bank Board should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address: (1) coastal issues and the problem of pollution in both countries having an environmental impact along their Pacific Ocean and Gulf of Mexico shores; and (2) air pollution.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. (3) In 1999, 4,599,000 students were enrolled in private school in grades kindergarten through 8th grade, while 1,399,000 students were enrolled in private school in grades 9 through 12, for a combined total of 5,939,000 children enrolled in private school. (4) In 1999, 33,437,000 students were enrolled in public school in grades kindergarten through 8th grade, while 13,375,000 students were enrolled in public school in grades 9 through 12, for a combined total of 52,750,000 children enrolled in public school. (5) When polled by the Department of Education in 1999, 78 percent of parents with children enrolled in private schools, but just 48 percent of parents with children enrolled in public schools, were very satisfied with the school's discipline provisions, academic standards, and quality and performance of teachers. (6) In the 1993-94 school year, the average class size in public schools was at least twice the average class size in private schools. Larger classes can result in more disruption by misbehaving students. Thus, class size has a direct effect on the quality of the educational experience of students, teachers, and other staff, as well as parents' satisfaction with their child's school. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 34 the following new section: ``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2)(B) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(4)) of such individual for such taxable year.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Education, Achievement, and Opportunity Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 36. Elementary and secondary education expenses. ``Sec. 37. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to establish a limited, income adjusted, elementary and secondary school expenses credit (up to $2,500 for elementary school expenses and $3,500 for secondary school expenses) for each qualifying child attending either a public or private school.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business International Trade Enhancements Act of 2009''. SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR FOR INTERNATIONAL TRADE. (a) Establishment.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) by striking ``Sec. 22. (a) There'' and inserting the following: ``SEC. 22. OFFICE OF INTERNATIONAL TRADE. ``(a) Establishment.-- ``(1) Office.--There''; and (2) in subsection (a), by adding at the end the following: ``(2) Associate administrator.--The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.''. (b) Authority for Additional Associate Administrator.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) in the fifth sentence, by striking ``five Associate Administrators'' and inserting ``Associate Administrators''; and (2) by adding at the end the following: ``One such Associate Administrator shall be the Associate Administrator for International Trade, who shall be the head of the Office of International Trade established under section 22.''. (c) Discharge of International Trade Responsibilities of Administration.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following: ``(h) Discharge of International Trade Responsibilities of Administration.--The Administrator shall ensure that-- ``(1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator; ``(2) the Associate Administrator has sufficient resources to carry out such responsibilities; and ``(3) the Associate Administrator has direct supervision and control over-- ``(A) the staff of the Office; and ``(B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.''. (d) Role of Associate Administrator in Carrying Out International Trade Policy.--Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)-- (1) by inserting ``the Administrator of'' before ``the Small Business Administration''; and (2) by inserting ``through the Associate Administrator for International Trade, and'' before ``in cooperation with''. (e) Implementation Date.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall appoint an Associate Administrator for International Trade under section 22(a) of the Small Business Act (15 U.S.C. 649(a)), as added by this section. SEC. 3. OFFICE OF INTERNATIONAL TRADE. (a) Amendments to Section 22.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) in subsection (b)-- (A) by striking ``(b) The Office'' and inserting the following: ``(b) Trade Distribution Network.--The Associate Administrator''; (B) in the matter preceding paragraph (1), by inserting ``Export Assistance Centers,'' after ``export promotion efforts,''; and (C) by amending paragraph (1) to read as follows: ``(1) assist in maintaining a distribution network, using regional and local offices of the Administration, the small business development center network, networks of women's business centers, and Export Assistance Centers for programs relating to-- ``(A) trade promotion; ``(B) trade finance; ``(C) trade adjustment assistance; ``(D) trade remedy assistance; and ``(E) trade data collection;''; (2) in subsection (c)-- (A) by striking ``(c) The Office'' and inserting the following: ``(c) Promotion of Sales Opportunities.--The Associate Administrator''; (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) establish annual goals for the Office relating to-- ``(A) enhancing the exporting capability of small business concerns and small manufacturers; ``(B) facilitating technology transfers; ``(C) enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently against foreign entities; ``(D) increasing the ability of small business concerns to access capital; ``(E) disseminating information concerning Federal, State, and private programs and initiatives; and ``(F) ensuring that the interests of small business concerns are adequately represented in trade negotiations;''; (D) in paragraph (2), as so redesignated, by striking ``mechanism for'' and all that follows through ``(D) assisting'' and inserting the following: ``mechanism for-- ``(A) identifying subsectors of the small business community with strong export potential; ``(B) identifying areas of demand in foreign markets; ``(C) prescreening foreign buyers for commercial and credit purposes; and ``(D) assisting''; (E) in paragraph (5)(A), as so redesignated, by striking ``Gross State Produce'' and inserting ``Gross State Product''; (F) in paragraph (6), as so redesignated, by striking the period at the end and inserting a semicolon; and (G) in paragraph (9), as so redesignated-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``full-time export development specialists to each Administration regional office and assigning''; and (II) by striking ``office. Such specialists'' and inserting ``office and providing each Administration regional office with a full-time export development specialist, who''; (ii) in subparagraph (D), by striking ``and'' at the end; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and ``(G) develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, small business development centers, and other relevant Federal agencies.''; (3) in subsection (d)-- (A) by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (B) by striking ``(d) The Office'' and inserting the following: ``(d) Export Financing Programs.-- ``(1) In general.--The Associate Administrator''; and (C) by striking ``To accomplish this goal, the Office shall work'' and inserting the following: ``(2) Trade finance specialist.--To accomplish the goal established under paragraph (1), the Associate Administrator shall-- ``(A) designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; and ``(B) work''; (4) in subsection (e), by striking ``(e) The Office'' and inserting the following: ``(e) Trade Remedies.--The Associate Administrator''; (5) by amending subsection (f) to read as follows: ``(f) Reporting Requirement.--The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains-- ``(1) a description of the progress of the Office in implementing the requirements of this section; ``(2) for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; and ``(3) a description of the participation by the Office in trade negotiations.''; (6) in subsection (g), by striking (g) The Office and inserting the following: ``(g) Studies.--The Associate Administrator''; and (7) by adding after subsection (h), as addded by section 2 of this Act, the following: ``(i) Export Assistance Centers.-- ``(1) In general.--During the period beginning on October 1, 2009, and ending on September 30, 2012, the Administrator shall ensure that the number of full-time equivalent employees of the Office assigned to the Export Assistance Centers is not less than the number of such employees so assigned on January 1, 2003. ``(2) Priority of placement.--The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that-- ``(A) had an Administration employee assigned to the Export Assistance Center before January 2003; and ``(B) has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment. ``(3) Needs of exporters.--The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters. ``(4) Goals.--The Associate Administrator shall work with the Department of Commerce and the Export-Import Bank to establish shared annual goals for the Export Assistance Centers. ``(5) Oversight.--The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers. ``(j) Definitions.--In this section-- ``(1) the term `Associate Administrator' means the Associate Administrator for International Trade described in subsection (a)(2); ``(2) the term `Export Assistance Center' means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); and ``(3) the term `Office' means the Office of International Trade established under subsection (a)(1).''. (b) Report.--Not later than 60 days after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on any travel by the staff of the Office of International Trade of the Administration, including the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel. SEC. 4. INTERNATIONAL TRADE LOANS. (a) In General.--Section 7(a)(3)(B) of the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking ``$1,750,000, of which not more than $1,250,000'' and inserting ``$2,750,000 (or if the gross loan amount would exceed $3,670,000), of which not more than $2,000,000''. (b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act (15 U.S.C. 636(a)(16)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``in-- '' and inserting ``--''; (2) in clause (i)-- (A) by inserting ``in'' after ``(i)''; and (B) by striking ``or'' at the end; (3) in clause (ii)-- (A) by inserting ``in'' after ``(ii)''; and (B) by striking the period at the end and inserting ``, including any debt that qualifies for refinancing under any other provision of this subsection; or''; and (4) by adding at the end the following: ``(iii) by providing working capital.''. (c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15 U.S.C. 636(a)(16)(B)) is amended-- (1) by striking ``Each loan'' and inserting the following: ``(i) In general.--Except as provided in clause (ii), each loan''; and (2) by adding at the end the following: ``(ii) Exception.--A loan under this paragraph may be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the Administrator determines the lien provides adequate assurance of the payment of the loan.''. SEC. 5. SENSE OF CONGRESS RELATING TO ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR SMALL BUSINESS. (a) Findings.--Congress finds the following: (1) According to the Office of Advocacy of the Small Business Administration, small business concerns (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)) represent 97 percent of all exporters in the United States and account for 29 percent of the total exporting volume. Despite the overwhelming majority of exporters that are small business concerns, fewer than 1 percent of all small business concerns in the United States are engaged in trade- related business activities. (2) According to the Office of Advocacy of the Small Business Administration, more than 72 percent of all exporters in the United States employ fewer than 20 employees. Small business concerns often do not have the sales volume or resources to overcome the costs of trade barriers and overhead expenses in international transactions, nor can small business concerns afford to maintain employees with international trade expertise to resolve trade problems. (3) Small business advocacy groups often lack political influence in foreign countries, which hinders efforts to solve problems outside the legal process. Small business advocates are not as visible or vocal on issues relating to international trade as are the advocates for other issues, due to a lack of resources for advocacy. (4) In 1988, Congress passed section 8012 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 631 note), which expressed the sense of Congress that the United States Trade Representative should appoint a special trade assistant for small business. As of June 2009, the position has not been established by the United States Trade Representative. (b) Sense of Congress.--It is the sense of Congress that the United States Trade Representative should establish the position of Assistant United States Trade Representative for Small Business, to-- (1) promote the trade interests of small business concerns; (2) identify and address foreign trade barriers that impede the exportation of goods by small business concerns; (3) ensure that small business concerns are adequately represented during trade negotiations by the United States Trade Representative; and (4) coordinate with other Federal agencies that are responsible for providing information or assistance to small business concerns.	Small Business International Trade Enhancements Act of 2009 - Amends the Small Business Act to establish an Associate Administrator for International Trade as the head of the Office of International Trade of the Small Business Administration (SBA), who shall be responsible for international trade policy. Grants the SBA Administrator the authority to appoint additional Associate Administrators. Requires Export Assistance Centers (one-stop shops for U.S. exporters) to aid the Associate Administrator in maintaining a trade distribution network for trade promotion and trade assistance for small businesses. Requires the Associate Administrator to establish annual goals to enhance the export capabilities of small businesses and small manufacturers to compete against foreign entities. Directs the Associate Administrator, in order to provide small businesses access to certain export financing programs, to appoint at least one trade financial specialist within the SBA to oversee international loan programs and assist SBA employees with trade finance issues. Directs the SBA Administrator to ensure that the number of full -time equivalent Office employees assigned to the Export Assistance Centers for U.S. exporters is at least the number that were assigned on January 1, 2003. Increases: (1) the total outstanding amount of an international trade loan guaranteed by the SBA under the Export Working Capital Program; (2) the maximum amount of an international trade loan; and (3) the maximum amount available for export working capital, supplies, or financing. Allows such loan to be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern. (Currently, a first lien position or first mortgage on the property, equipment, or other business assets is required.) Expresses the sense of Congress that the United States Trade Representative (USTR) should establish the position of Assistant USTR for Small Business to promote the trade interests of small businesses.
SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Annual priority list.--The term `annual priority list' means the annual priority list compiled under subsection (b). ``(2) Comprehensive plan.--The term `comprehensive plan' means-- ``(A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) any amendments to that plan. ``(3) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. ``(b) Annual Priority List.-- ``(1) In general.--After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include-- ``(A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; ``(B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of-- ``(i) the identities of the financial assistance recipients; and ``(ii) the communities to be served; and ``(C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. ``(3) Consultation.--In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and ``(C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. ``(c) Grant Program.-- ``(1) In general.--Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. ``(B) Non-federal share.--The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be-- ``(i) not less than 25 percent; and ``(ii) provided from non-Federal sources. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2015 through 2019. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Relationship to other funding.--Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). ``(4) Prohibition.--No amounts made available under subsection (c) may be used for the administration of a management conference under section 320.''.	San Francisco Bay Restoration Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide funding for prioritized activities, studies, or projects that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Funding may be provided through cooperative agreements, grants, or other means. Funding may not be used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Funding amounts provided under this Act may not exceed 75% of the total cost of eligible activities to be carried out using those amounts. This bill authorizes appropriations for the funding program through FY2019.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescribe A Book Act''. SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Pediatric Early Literacy Programs ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a nonprofit organization that has, as determined by the Secretary, demonstrated effectiveness in the following areas: ``(A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. ``(B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. ``(C) Providing technical assistance to local healthcare facilities to effectively implement a high- quality Pediatric Early Literacy Program. ``(D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 5626. ``(E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). ``(2) Pediatric early literacy program.--The term `Pediatric Early Literacy Program' means a program that-- ``(A) creates and implements a 3-part model through which-- ``(i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; ``(ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children's book to take home and keep; and ``(iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; ``(B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and ``(C) receives the endorsement of nationally recognized medical associations and academies. ``SEC. 5622. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to eligible entities to enable the eligible entities to implement Pediatric Early Literacy Programs. ``SEC. 5623. APPLICATIONS. ``An eligible entity that desires to receive a grant under section 5622 shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. ``SEC. 5624. MATCHING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under section 5622. Such matching funds may be in cash or in-kind. ``SEC. 5625. USE OF GRANT FUNDS. ``(a) In General.--An eligible entity receiving a grant under section 5622 shall-- ``(1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; ``(2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this subpart; and ``(3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. ``(b) Contractor Criteria.--Each contractor shall be selected under subsection (a)(1) on the basis of the extent to which the contractor gives priority to serving a substantial number or percentage of at-risk children, including-- ``(1) children from families with an income below 200 percent of the poverty line applicable to a family of the size involved, particularly such children in high-poverty areas; ``(2) children without adequate medical insurance; ``(3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.); ``(4) children living in rural areas; ``(5) migrant children; and ``(6) children with limited access to libraries. ``SEC. 5626. RESTRICTION ON PAYMENTS. ``The Secretary shall make no payment to an eligible entity under this subpart unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. ``SEC. 5627. REPORTING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program.''. SEC. 3. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 5618 the following: ``subpart 22--pediatric early literacy programs ``Sec. 5621. Definitions. ``Sec. 5622. Program authorized. ``Sec. 5623. Applications. ``Sec. 5624. Matching requirement. ``Sec. 5625. Use of grant funds. ``Sec. 5626. Restriction on payments. ``Sec. 5627. Reporting requirement.''.	Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Improvement Act of 2015''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Smaller Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a smaller project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit determined under this subsection with respect to any smaller project for all taxable years shall not exceed $750,000. ``(3) Smaller project defined.-- ``(A) In general.--For purposes of this subsection, the term `smaller project' means any qualified rehabilitated building or portion thereof if-- ``(i) the qualified rehabilitation expenditures taken into account for purposes of this section (or would have been so taken into account if this subsection had been in effect for all prior periods) with respect to the rehabilitation are not over $3,750,000, and ``(ii) no credit was allowed under this section for either of the 2 prior taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47(e) of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new subsection: ``(4) Transfer of smaller project credit.-- ``(A) In general.--Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer all or a portion of the credit allowable to the taxpayer under subsection (a) for a smaller project. ``(B) Certification.-- ``(i) In general.--A transfer under subparagraph (A) shall be accompanied by a certificate which includes-- ``(I) the certification for the certified historic structure referred to in subsection (c)(3), ``(II) the taxpayer's name, address, tax identification number, date of project completion, and the amount of credit being transferred, ``(III) the transferee's name, address, tax identification number, and the amount of credit being transferred, and ``(IV) such other information as may be required by the Secretary. ``(ii) Transferability of certificate.--A certificate issued under this section to a taxpayer shall be transferable to any other taxpayer, except that a certificate may not be transferred more than once. ``(C) Tax treatment relating to certificate.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for the amount of consideration paid or incurred by the transferee. ``(ii) Allowance of credit.--The amount of credit transferred under subparagraph (A)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. ``(D) Recapture and other special rules.--The taxpayer who claims a credit under this section by reason of a transfer of an amount of credit under subparagraph (A) with respect to a smaller project shall be treated as the taxpayer with respect to the smaller project for purposes of section 50. ``(E) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under paragraph (A) and containing such information as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner as may be required by the Secretary. ``(F) Regulations.--The Secretary shall prescribe regulations or other guidance to carry out this paragraph.''. (b) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (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. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Special rule relating to the rehabilitation credit.-- In the case of any rehabilitation credit-- ``(A) only 50 percent of such credit shall be taken into account under paragraph (1), and ``(B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2).''. (b) Coordination With Basis Adjustment.--Section 50 of such Code is amended by adding at the end the following: ``(e) Coordination With Basis Adjustment.--In applying the provisions of former section 48(d)(5)(B) pursuant to subsection (d)(5) to a lease of property eligible for the rehabilitation tax credit, the lessee of such property shall include ratably in gross income over the shortest recovery period that could be applicable under section 168 with respect to such property an amount equal to 50 percent of the amount of the credit allowable under section 38 to the lessee with respect to such property.''. SEC. 6. SPECIAL RULES FOR DISPOSITIONS OF STATE HISTORIC TAX CREDITS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139E the following new section: ``SEC. 139F. DISPOSITIONS OF STATE HISTORIC TAX CREDITS. ``(a) Exclusion From Income; Basis Reduction.-- ``(1) In general.--In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit-- ``(A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and ``(B) the taxpayer's basis in the property with respect to which the State historic tax credit is allowed shall be reduced as determined under paragraph (2). ``(2) Determination of reduction in basis.--The reduction in basis under paragraph (1) shall be applied-- ``(A) first, against the basis in the land, ``(B) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and ``(C) third, against the remaining basis in the property. ``(D) Adjustment in basis of interest in partnership or s corporation.--The adjusted basis of-- ``(i) a partner's interest in a partnership, or ``(ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (if any). ``(b) Election To Include in Income.-- ``(1) In general.--In the case of a taxpayer who elects to have this subsection apply-- ``(A) the net proceeds of the allocation, disposition, or refund described in subsection (a) received by such taxpayer shall constitute income to such taxpayer under section 61(a), and ``(B) subsection (a)(1)(B) shall not apply. ``(2) Making of election.--An election under this subsection shall be made at such time and in such manner as the Secretary may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. ``(c) Effect on Qualified Rehabilitation Expenditures and Rehabilitation Credits.--For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) incurred in connection with such property, nor shall such transfer or disposition, nor any basis adjustments under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50, notwithstanding any reduction in basis pursuant to paragraph (a)(2)(C). ``(d) State Historic Tax Credits Defined.--For purposes of this section, the term `State historic tax credit' means any credit against State or local tax liabilities which-- ``(1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and ``(2) can be allocated, disposed, or refunded under such laws.''. (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139E the following new item: ``Sec. 139F. Dispositions of State historic tax credits.''. (c) Effective Date.--This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act. SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by inserting ``and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 8. ELIMINATING FUNCTIONALLY RELATED PROPERTIES. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit), as amended by sections 2 and 3, is amended by adding at the end the following new subsection: ``(g) Related Buildings.--Buildings that are functionally related ( as defined in Part 67.6(b)(4) of title 36, Code of Federal Regulations) shall be treated as separate certified historic structures for purposes of the credit allowed under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any application to the National Park Service received after the date of the enactment of this Act.	Historic Tax Credit Improvement Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the 2 prior taxable years (smaller projects); (2) allow the transfer of tax credit amounts for smaller projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) exempt from tax the proceeds of a state historic tax; and (5) set forth special rules for the tax treatment of tax-exempt use property and functionally-related historic structures.
SECTION 1. SHORT TITLE. This Act may be cited as the ``School Lunch Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, there has been an alarming number of instances of price-fixing and bid-rigging regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (2) during the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against persons accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or the Department of Defense; (3) over 30 grand juries in States are investigating similar activities, especially in connection with activities involving the dairy industry; (4) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State actions for similar activities; (5) a report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted, as of March 1992, of milk contract bid-rigging from participating in the school lunch and breakfast programs; (6) effective educational and monitoring programs can greatly reduce the incidence of price-fixing and bid-rigging by companies that sell products to schools; (7) reducing the incidence of price-fixing and bid-rigging in connection with the school lunch and breakfast programs could save school districts, parents, and taxpayers millions of dollars per year; (8) the Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging; and (9) the Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. ``(a) In General.--The Secretary shall-- ``(1) provide advice, training, technical assistance, and guidance to representatives of States, contracting entities, school food service authorities, and other appropriate entities (as determined by the Secretary) regarding means of identifying and preventing anticompetitive activities relating to the acquisition of commodities for-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(C) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(D) the summer food service program for children established under section 13 of this Act; ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of anticompetitive activities relating to the acquisition of commodities for the programs referred to in paragraph (1); ``(3) provide awareness training, training films, technical advice, troubleshooting advice, and other guidance related to avoiding or detecting bid-rigging, price-fixing, or other anticompetitive activities concerning the acquisition of commodities for the programs; and ``(4) debar or suspend a person under section 12A, applicable regulations issued by the Secretary (such as part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations), and other applicable Federal laws (including regulations). ``(b) Food Service Management Institute.--The Secretary may request assistance from the food service management institute authorized under section 21 in carrying out this section. The Secretary may contract with the institute to carry out all or part of the duties described in paragraphs (1) and (3) of subsection (a). ``(c) Termination.--The authority provided by this section shall terminate on September 30, 1999.''. SEC. 4. NONPROCUREMENT DEBARMENT. (a) In General.--The National School Lunch Act is further amended by inserting after section 12 (42 U.S.C. 1760) the following new section: ``SEC. 12A. NONPROCUREMENT DEBARMENT. ``(a) In General.--Except as provided in subsections (b) and (c), the Secretary shall debar a person, and each principal and affiliate of the person, for at least 1 year from supplying, providing, or selling a product or commodity to a school, school district, school food service authority, or school district consortium participating in the school lunch program established under this Act, the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food service program for children established under section 13 of this Act if the person, or a principal or affiliate of the person, is convicted, in connection with supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in any of the programs, or to any Federal agency, of-- ``(1) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State law related to protecting competition; ``(2) mail fraud, bribery, theft, or embezzlement; ``(3) making a false statement or claim; ``(4) making a false declaration before a grand jury; or ``(5) other obstruction of justice. ``(b) Subsequent Convictions.--Except as provided in subsection (c), if a person, or a principal or affiliate of the person, is convicted of an activity described in subsection (a) after having been previously debarred under this section, the person, and each principal and affiliate of the person, shall be debarred for at least 3 years from supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in a program described in subsection (a) or to any Federal agency. ``(c) Waivers.--The Secretary may waive a debarment imposed under subsection (a) or (b) if the Secretary determines that debarment would-- ``(1) likely have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) seriously interfere with the ability of a school, school district, school food service authority, or school district consortium to procure a needed product or commodity for a program described in subsection (a); ``(3) be unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) not be in the public interest. ``(d) Relationship to Other Authority.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to-- ``(1) penalize, fine, suspend, debar, or otherwise punish, in a civil or criminal action, a person or a principal or affiliate of the person; or ``(2) imprison, debar, suspend, fine, or otherwise punish a person or a principal or affiliate of the person. ``(e) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this section.''. (b) Implementation.-- (1) Application.--The amendment made by subsection (a) shall not apply to a conviction that is based on an activity that took place prior to the date of enactment of this Act. (2) Regulations.--Not later than July 1, 1994, the Secretary of Agriculture shall amend the nonprocurement regulations established under part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, to conform with section 12A of the National School Lunch Act (as added by subsection (a)). (3) Consistent debarment policy.--Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (A) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (B) Federal nonprocurement regulations. (4) No reduction in authority.-- (A) In general.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person, or a principal or affiliate of the person, from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this section or the amendment made by this section. (B) Debarment or suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person (or a principal or affiliate of the person), on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law (including regulations). SEC. 5. INFORMATION RELATING TO PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (as amended by section 3) is further amended by adding at the end the following new section: ``SEC. 26. INFORMATION RELATING TO PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. ``On request, the Secretary shall present to the appropriate committees of the Congress information regarding the administration of section 12A (relating to nonprocurement debarment) and section 25 (relating to the duties of the Secretary relating to anticompetitive activities), and any waiver granted under section 12A(c).''.	School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anticompetitive activities in the school lunch, school breakfast, special milk, and summer food service programs. Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities. Directs the Secretary, upon request, to provide the appropriate congressional committees with information about prevention and control of such anticompetitive activities.
TITLE I--SHORT TITLE; TABLE OF CONTENTS SEC. 1000. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Retirement Savings and Security Act''. (b) Table of Contents.-- TITLE I--SHORT TITLE; TABLE OF CONTENTS Sec. 1000. Short title; table of contents. TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY Sec. 2001. Child's annuity. Sec. 2002. Entitlement to spousal annuities. Sec. 2003. Continued payment to survivors of waived lump sum benefits in amounts equivalent to social security survivor benefits. Sec. 2004. Lump sum death benefits equivalent to social security benefits. Sec. 2005. Payment of benefits equivalent to social security benefits with respect to service for which certain railroad retirement annuities are not payable. Sec. 2006. Effective date. TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY SEC. 2001. CHILD'S ANNUITY. (a) Eligibility for Annuity.--Section 2 of the Railroad Retirement Act of 1974 is amended by adding at the end the following new subsection: ``(i) The child (as defined in section 216(e) and (k) of the Social Security Act) of an individual, if-- ``(i)(I) such child will be less than 18 years of age, ``(II) such child will be less than 19 years of age and a full-time elementary or secondary school student, or ``(III) such child will, without regard to his or her age, be under a disability which began before the child attained age 22 or before the 84th month following the month in which his most recent entitlement to an annuity under this subsection terminated because he or she ceased to be under a disability, and ``(ii) such child is unmarried and dependent upon the employee, shall be entitled to an annuity, if he or she has filed an application therefor, in the amount provided under section 4 of this Act.'' (b) Amount of Annuity.--Section 4 of such Act is amended-- (1) in the heading, by adding at the end ``and child annuities''; and (2) by adding at the end the following new subsection: ``(j) The annuity of a child of an individual under section 2(i) of this Act shall be in the amount that would have been payable to the child under title II of the Social Security Act if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act reduced by any benefit payable under title II of the Social Security Act.''. (c) Technical Amendment.--The first sentence of section 3(f)(3) of such Act is amended by striking ``the spouse and divorced wife'' and inserting ``the spouse, child, and divorced wife''. SEC. 2002. ENTITLEMENT TO SPOUSAL ANNUITIES. (a) Entitlement Despite Certain Age Requirements.--Section 2(c)(1) of the Railroad Retirement Act of 1974 is amended by adding at the end the following: ``A spouse who is not entitled to an annuity by reason of paragraph (i)(B) of this subdivision, but who otherwise meets the conditions for entitlement to an annuity under this subsection, shall be entitled to an annuity in such amount as would have been payable under title II of the Social Security Act if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act reduced by any benefit payable to the spouse under title II of the Social Security Act.''. (b) Removal of Age Requirement for Divorced Spouses.--Section 2(c)(4) of such Act is amended by striking paragraph (ii), by redesignating paragraph (iii) as paragraph (ii), and by striking paragraph (i) and inserting the following: ``(i) such individual has completed 10 years of service; and''. (c) Entitlement of Divorced Spouse Where Worker's Annuity Is Not Payable.--Section 2(e)(5) of such Act is amended by striking ``or divorced wife'' in the second sentence. SEC. 2003. CONTINUED PAYMENT TO SURVIVORS OF WAIVED LUMP SUM BENEFITS IN AMOUNTS EQUIVALENT TO SOCIAL SECURITY SURVIVOR BENEFITS. Section 6(c)(1) of the Railroad Retirement Act of 1974 is amended by striking all that follows ``Provided, however,'' and inserting the following: ``That if the employee is survived by a widow, widower, or parent who may upon attaining the age of eligibility be entitled to benefits under this Act, such lump sum shall not be paid unless such widow, widower, or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum be paid in lieu of all benefits, other than the amount of the benefits that the widow, widower, or parent would have received under title II of the Social Security Act if all of the employee's service after December 31, 1936, had been included in the term `employment' as defined in that Act. After a lump sum with respect to the death of an employee is paid pursuant to an election filed with the Board under the provisions of this subsection, no further benefits, other than benefits in such amounts as would have been payable under title II of the Social Security Act if all of the employee's service after December 31, 1936, had been included in the term `employment' as defined in that Act, shall be paid under this Act on the basis of such employee's compensation and service under this Act.''. SEC. 2004. LUMP SUM DEATH BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS. (a) In General.--Section 6(b)(2) of the Railroad Retirement Act of 1974 is amended to read as follows: ``(2) Upon the death of an individual who (A) will have completed ten years of service at the time of his death, and (B) will have had a current connection with the railroad industry at the time of his death, a lump-sum death payment shall be made in accordance with the provisions of section 202(i) of the Social Security Act in an amount equal to the amount which would have been payable under such section 202(i) if such individual's service as an employee after December 31, 1936, were included in the term `employment' as defined in that Act.''. (b) Conforming Amendment.--Section 6(b)(1) of such Act is amended by inserting before the period at the end of the first sentence the following: ``less any lump-sum benefit payable under subdivision (2) of this subsection''. SEC. 2005. PAYMENT OF BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS WITH RESPECT TO SERVICE FOR WHICH CERTAIN RAILROAD RETIREMENT ANNUITIES ARE NOT PAYABLE. Section 2(e) of the Railroad Retirement Act of 1974 is amended by adding at the end the following new subdivision: ``(6) A person who has filed an application for an annuity under this Act, but whose annuity is not payable for a month by reason of subdivision (1), (3), or (5) of this subsection and who is entitled to a benefit under title II of the Social Security Act for such month shall be entitled to receive an annuity under this Act for such month equal to the difference between the benefit under such title II paid for such month and the benefit under such title II that would have been paid for such month if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act.''. SEC. 2006. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 1997.	TABLE OF CONTENTS: Title I: Short Title; Table of Contents Title II: Conforming Railroad Retirement Benefits with Social Security Title I: Short Title; Table of Contents - Retirement Savings and Security Act - Sets forth this Act's short title and table of contents. Title II: Conforming Railroad Retirement Benefits with Social Security - Amends the Railroad Retirement Act of 1974 (RRA) with respect to eligibility for and the amount of a child's annuity. Provides for entitlement to spousal annuities despite certain age requirements. Removes the age requirement for divorced spouses, and provides for entitlement of the divorced spouse where the worker's annuity is not payable. Provides for RRA benefits equivalent to those under the Social Security Act with respect to: (1) amounts of continued payment to survivors of waived lump sum benefits; (2) lump sum death benefits; and (3) benefits with respect to service for which certain railroad retirement annuities are not payable.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Improper Payments Coordination Act of 2015''. SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND LEGISLATIVE BRANCHES AND STATES. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in subsection (b)(3)-- (A) in the paragraph heading, by striking ``by agencies''; and (B) by adding at the end the following: ``States and any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code), shall have access to, and use of, the Do Not Pay Initiative for the purpose of verifying payment or award eligibility for payments (as defined in section 2(g)(3) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) when, with respect to a State, the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for that State and any contractor, subcontractor, or agent of the State, and, with respect to the judicial and legislative branches of the United States, when the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for the judicial branch or the legislative branch, as applicable. To ensure consistency with the principles of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) the Director of the Office of Management and Budget may issue guidance that establishes privacy and other requirements that shall be incorporated into Do Not Pay Initiative access agreements with States, including any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States.''; and (2) in subsection (d)(2)-- (A) in subparagraph (B), by striking ``and'' after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (C) the following: ``(D) may include States and their quasi-government entities, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code) as users of the system in accordance with subsection (b)(3).''. SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in section 5(a)(2), by striking subparagraph (A) and inserting the following: ``(A) The death records maintained by the Commissioner of Social Security.''; and (2) by adding at the end the following: ``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING IMPROPER PAYMENTS. ``(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.--Not later than 1 year after the date of enactment of this section, the Secretary of State and the Secretary of Defense shall establish a procedure under which each Secretary shall, promptly and on a regular basis, submit information relating to the deaths of individuals to each agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary. ``(b) Guidance to Agencies Regarding Data Access and Use for Improper Payments Purposes.-- ``(1) In general.--Not later than 12 months after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Do Not Pay Initiative under section 5 to-- ``(A) the Department of the Treasury; and ``(B) each agency or component of an agency-- ``(i) that operates or maintains a database of information described in section 5(a)(2); or ``(ii) for which the Director determines improved data matching would be relevant, necessary, or beneficial. ``(2) Requirements.--The guidance issued under paragraph (1) shall-- ``(A) address the implementation of subsection (a); and ``(B) include the establishment of deadlines for access to and use of the databases described in section 5(a)(2) under the Do Not Pay Initiative.''. SEC. 4. DATA ANALYTICS. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at the end the following: ``(h) Report on Improper Payments Data Analysis.--Not later than 180 days after the date of enactment of the Federal Improper Payments Coordination Act of 2015, the Secretary of the Treasury shall submit to Congress a report which shall include a description of-- ``(1) data analytics performed as part of the Do Not Pay Business Center operated by the Department of the Treasury for the purpose of detecting, preventing, and recovering improper payments through preaward, postaward prepayment, and postpayment analysis, which shall include a description of any analysis or investigations incorporating-- ``(A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; ``(B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and ``(C) review of other information the Secretary of the Treasury determines could prove effective for identifying, preventing, or recovering improper payments, which may include investigation or review of information from multiple Federal agencies or programs; ``(2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and ``(3) the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.''.	Federal Improper Payments Coordination Act of 2015 (Sec. 2) This bill amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to: (1) extend the availability of the Do Not Pay Initiative to the judicial and legislative branches and to the states; and (2) authorize the Office of Management and Budget (OMB) to issue guidance that establishes privacy requirements that shall be incorporated into Do Not Pay Initiative access agreements with states and the judicial and legislative branches. (Sec. 3) The Departments of Defense and State must submit, promptly and on a regular basis, relevant information on the deaths of individuals. The OMB, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant federal, state, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Initiative to the Department of the Treasury and each agency or component of an agency: (1) that operates or maintains a database of death records maintained by the Social Security Administration; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Treasury must report to Congress on: data analytics performed as part of the Do Not Pay Business Center operated by Treasury for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award prepayment, and post-payment analysis; the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects and Developmental Disabilities Prevention Act of 2003''. SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``and developmental disabilities'' and inserting ``, developmental disabilities, and disabilities and health''; and (ii) by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period and inserting a semicolon; and (D) by adding at the end the following: ``(D) to conduct research on and to promote the prevention of such defects and disabilities, and secondary health conditions among individuals with disabilities; and ``(E) to support a National Spina Bifida Program to prevent and reduce suffering from the Nation's most common permanently disabling birth defect.''; (2) by striking subsection (b); (3) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;''; (B) in paragraph (3), by inserting ``, developmental disabilities, and secondary health conditions among individuals with disabilities'' after ``defects''; (C) in paragraph (4), by striking ``and'' at the end; (D) by redesignating paragraph (5) as paragraph (7); and (E) by inserting after paragraph (4) the following: ``(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities or developmental disabilities, information on the health status of individuals with disabilities, information on any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; ``(6) contains a summary of recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida; and''; (4) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (5) by inserting after subsection (d) (as so redesignated), the following: ``(e) Advisory Committee.--Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities effective on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2003.''; and (6) in subsection (f), by striking ``$30,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal years 2003 through 2007.''. SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL DISABILITIES. (a) In General.--Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is amended-- (1) in paragraph (3)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''; and (2) in paragraph (4)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004. SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services jointly with the Secretary of Education shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and Committee on Education and the Workforce of the House of Representatives a report concerning surveillance activities under section 102 of the Children's Health Act of 2000 (Public Law 106-310), specifically including-- (1) a description of the current grantees under the National Autism and Pervasive Developmental Disabilities Surveillance Program and the Centers of Excellence in Autism and Pervasive Developmental Disabilities, the data collected, analyzed, and reported under such grants, the sources of such data, and whether such data was obtained with parental consent as required under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); (2) a description of current sources of data for the surveillance of autism and developmental disabilities and the methods for obtaining such data, including whether such data was obtained with parental or patient consent for disclosure; (3) an analysis of research on autism and developmental disabilities with respect to the methods of collection and reporting, including whether such research was obtained with parental or patient consent for disclosure; (4) an analysis of the need to add education records in the surveillance of autism and other developmental disabilities, including the methodological and medical necessity for such records and the rights of parents and patients in the use of education records (in accordance with the Family Educational Rights and Privacy Act of 1974); (5) a description of the efforts taken by the Centers for Disease Control and Prevention to utilize education records in conducting the surveillance program while obtaining parental or patient consent for such education records, including the outcomes of such efforts; (6) a description of the challenges provided to obtaining education records (in the absence of parental or patient consent) for the purpose of obtaining additional surveillance data for autism and other developmental disabilities; and (7) a description of the manner in which such challenges can be overcome, including efforts to educate parents, increase confidence in the privacy of the surveillance program, and increase the rate of parental or patient consent, and including specific quantitative and qualitative justifications for any recommendations for changes to existing statutory authority, including the Family Educational Rights and Privacy Act of 1974. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Birth Defects and Developmental Disabilities Prevention Act of 2003 - (Sec. 2) Amends the Public Health Service Act concerning the National Center on Birth Defects and Developmental Disabilities (Center) to add "disabilities and health" to categories of data which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect. Modifies Center reporting requirements, including requiring such report to contain information on: (1) individuals living with birth defects and disabilities or developmental disabilities, and recommendations for improving the health and quality of life of such individuals; and (2) recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida. Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health be transferred to and advise the Center. Authorizes appropriations through FY 2007 for the Center. (Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise appropriation allotment provisions for State developmental disabilities councils. (Sec. 4) Directs the Secretary and the Secretary of Education to jointly report on specified surveillance activities under the Children's Health Act of 2000 respecting autism and other developmental disabilities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo 11 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On July 16, 1969, the Apollo 11 spacecraft launched from Launch Complex 39A at the John F. Kennedy Space Center carrying Neil Armstrong, Buzz Aldrin, and Michael Collins, who would become the first of mankind to complete a crewed lunar landing. (2) The United States is the only country ever to have attempted and succeeded in landing humans on a celestial body off the Earth and safely returning them home, completing an unprecedented engineering, scientific and political achievement. (3) The Apollo 11 mission, culminating in man's first steps on the Moon on July 20, 1969, honored the fallen astronauts of the Apollo 1 crew, whose innovative work and bravery will be remembered forever. (4) Apollo 11 accomplished the national goal set forth in 1961 by President John F. Kennedy, who stated at Rice University the following year, ``We choose to go to the Moon. We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win''. (5) At the height of the Cold War, the Apollo space program provided the United States and the free world with a powerful symbolic win, demonstrating the strength, ambition, and determination of the United States in technological and economic advancement, and securing our Nation's leadership in space for generations to come. (6) The National Aeronautics and Space Administration's (referred to in this Act as ``NASA'') Marshall Space Flight Center in Huntsville, Alabama, designed, assembled, and tested the most powerful launch vehicle in history, the Saturn V rocket, which was used for the Apollo missions in the 1960s and 1970s. (7) The Saturn V weighed 6,200,000 pounds and generated 7,600,000 pounds of thrust, which NASA has equated to generating more power than 86 Hoover Dams. (8) During the time period from 1969 through 1972, NASA completed eight Apollo missions and landed 12 men on the Moon. The 6 missions that landed on the Moon returned with a wealth of groundbreaking scientific data and over 800 pounds of lunar samples. (9) An estimated 400,000 Americans contributed to the successful program that led to the lunar landing on July 20, 1969, including NASA scientists, engineers, astronauts, industry contractors and their engineering and manufacturing workforce, as well as the political leadership of Republicans and Democrats in Congress and the White House. (10) The Apollo program, along with its predecessor Mercury and Gemini programs, inspired generations of American students to pursue careers in science, technology, engineering, and mathematics (STEM), which has fueled innovation and economic growth throughout a range of industries over the last four decades. (11) July 20, 2019, will mark the 50th anniversary of the Apollo 11 landing of Neil Armstrong and Buzz Aldrin on the lunar surface. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 50th anniversary of the first manned Moon landing, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half-dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Convex Shape.-- (1) In general.--The coins minted under this Act shall be produced in a fashion similar to the 2014 National Baseball Hall of Fame 75th Anniversary Commemorative Coin, so that the reverse of the coin is convex to more closely resemble the visor of the astronaut's helmet of the time and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). (2) Sense of congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced with the design of the reverse of the coins continuing over what would otherwise be the edge of the coins, such that the reverse design extends all the way to the obverse design. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) with respect to the design of the reverse of the coins, the Administrator of NASA; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a juried, compensated competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the United States space program leading up to the first manned Moon landing. (2) Selection process.--Proposals for the obverse design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and any designs submitted for the design review process described herein shall be anonymized until a final selection is made. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall be a representation of a close-up of the famous ``Buzz Aldrin on the Moon'' photograph taken July 20, 1969, that shows just the visor and part of the helmet of astronaut Buzz Aldrin, in which the visor has a mirrored finish and reflects the image of the United States flag and the lunar lander and the remainder of the helmet has a frosted finish. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Except with respect to coins described under section 3(a)(4), coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) one half to the Smithsonian Institution's National Air and Space Museum's ``Destination Moon'' exhibit, for design, education, and installation costs related to establishing and maintaining the exhibit, and for costs related to creating a traveling version of the exhibition; (2) one quarter to the Astronauts Memorial Foundation, for costs related to the preservation, maintenance, and enhancement of the Astronauts Memorial and for promotion of space exploration through educational initiatives; and (3) one quarter to the Astronaut Scholarship Foundation, to aid its missions of promoting the importance of science and technology to the general public and of aiding the United States in retaining its world leadership in science and technology by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). (c) Audits.--The recipients described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	(This measure has not been amended since it was passed by the House on December 5, 2016. Apollo 11 50th Anniversary Commemorative Coin Act (Sec. 3) This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. (Sec. 5) Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. (Sec. 7) All sales of coins minted under this bill shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). There may not be any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Treasury shall ensure that: minting and issuing such coins will not result in any net cost to the federal government; and no funds, including surcharges, will be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all authorized coins is recovered.
. Section 10(m) of the National Labor Relations Act is amended by adding at the end the following new sentence: ``Whenever a complaint is issued as provided in subsection (b) upon a charge that any person has engaged in or is engaging in an unfair labor practice within the meaning of subsection (a)(3) or (b)(2) of section 8 involving an unlawful discharge, the Board shall state its findings of fact and issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice and to take such affirmative action, including reinstatement of an employee with or without backpay, as will effectuate the policies of this Act, or shall state its findings of fact and issue an order dismissing the said complaint, not later than 365 days after the filing of the unfair labor practice charge with the Board except in cases of extreme complexity. The Board shall submit a report annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate regarding any cases pending for more than 1 year, including an explanation of the factors contributing to such a delay and recommendations for prompt resolution of such cases.''. SEC. 304. REGULATIONS. The Board may issue such regulations as are necessary to carry out the purposes of this title. TITLE IV--ATTORNEYS FEES SEC. 401. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board. (3) The greater expertise and resources of the National Labor Relations Board as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board. (b) Purpose.--It is the purpose of this title-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board; and (3) to make the National Labor Relations Board more accountable for its enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board. SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 20. (a) Administrative Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 403. APPLICABILITY. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives March 26, 1998. Attest: Clerk.	TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. (Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``boxer'' means a person who participates in a professional boxing match; (2) the term ``manager'' means a person or business who helps arrange professional boxing matches for a boxer, and who serves as an advisor or representative of a boxer in a professional capacity; (3) the term ``professional boxing match'' means a boxing contest held in the United States between individuals for compensation or a prize, and does not include any amateur boxing match; (4) the term ``promoter'' means a person or business that organizes, holds, advertises, or otherwise conducts a professional boxing match; and (5) the term ``State boxing commission'' means a State agency with authority to regulate professional boxing; SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. PROFESSIONAL BOXING MATCHES. A professional boxing match may be held in the United States only if-- (1) the State where the professional boxing match is to be held-- (A) has a State boxing commission ; or (B) has entered into an agreement with a State boxing commission of another State; to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out sections 5, 6, and 7. SEC. 5. REGISTRATION. (a) Requirement.--Each professional boxer shall register with-- (1) the State boxing commission of the State in which such boxer resides; (2) in the case of a boxer who is a resident of a State in which there is no State boxing commission, the State boxing commission described in section 4(1)(B); or (3) in the case of a boxer from a foreign country, any State that has a State boxing commission. (b) Identification Card.-- (1) Issuance.--A State boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains-- (A) a recent photograph of the boxer; (B) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer); and (C) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 3 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the State boxing commission not later than the time of the weigh-in for a professional boxing match. (c) Relation to State Law.--Nothing in this section shall be construed as preventing a State from applying additional registration requirements. SEC. 6. REVIEW. Each State boxing commission shall establish procedures-- (1) to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) to ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason, including-- (A) a recent knockout, injury, or unfulfilled requirement for a medical procedure; (B) administrative reasons, such as failure to pay a State fee or fine, or improper conduct; (C) falsification of, or attempts to falsify, official identification cards or documents; (D) failure of a drug test; (E) inadequate boxing skills, or the inability to safely compete; and (F) violation of Federal or State gaming laws. SEC. 7. REPORTING. (a) Boxing Match Results.--Not later than 48 business hours (excluding Saturdays and Sundays) after the conclusion of a professional boxing match, the results of such match shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. (b) Suspensions.--Not later than 48 business hours (excluding Saturdays and Sundays) after a State boxing commission orders the suspension of a boxer, promoter, or manager, such suspension shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. SEC. 8. ENFORCEMENT. (a) Injunctions.--Whenever the United States Attorney in a State has reasonable cause to believe that a person or entity is engaged in a violation of this Act in such State, the United States Attorney may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person or entity, as the United States Attorney determines necessary to restrain the person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers and promoters.--Any manager or promoter who knowingly and willfully violates any provision of this Act shall be imprisoned for not more than 1 year or fined more than $20,000, or both. (2) Boxers.--Any professional boxer who knowingly and willfully violates any provision of this Act shall be fined not more than $1,000.	Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the professional boxing match is to be held has a State boxing commission or has entered into an agreement with a State boxing commission of another State to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out this Act. Requires each professional boxer to register with: (1) the State boxing commission of the State in which such boxer resides; (2) the State boxing commission overseeing the boxing match if the boxer is a resident of a State in which there is no State boxing commission; and (3) any State that has a State boxing commission if the boxer is from a foreign country. Requires a State boxing commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the State boxing commission by the time of the weigh-in for a professional boxing match. States that nothing in this Act shall be construed as preventing a State from applying additional registration requirements. Requires each State boxing commission to: (1) establish procedures to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason. Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager ordered by a State boxing commission to be reported to the professional boxing registries certified by the Association of Boxing Commissioners and to the Florida State Athletic Commission within 48 business hours after the conclusion of such match or the suspension of such individuals. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. Imposes criminal penalties on managers, promoters, or professional boxers who knowingly and willfully violate this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2016''. SEC. 2. TABLE OF CONTENTS. The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: ``Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies.''. SEC. 3. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been the subject of a final determination under section 113''. (b) Bank Holding Company Designation.--Section 113 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) is amended-- (1) by amending the heading for such section to read as follows: ``authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies''; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: ``(c) Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards Under Section 165.-- ``(1) Determination.--The Council, on a nondelegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines, based on the considerations in paragraph (2), that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. ``(2) Considerations.--In making a determination under paragraph (1), the Council shall use the indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers-- ``(A) the size of the bank holding company; ``(B) the interconnectedness of the bank holding company; ``(C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; ``(D) the global cross-jurisdictional activity of the bank holding company; and ``(E) the complexity of the bank holding company. ``(3) GSIBs designated by operation of law.-- Notwithstanding any other provision of this subsection, a bank holding company that is designated, as of the date of enactment of this subsection, as a Global Systemically Important Bank by the Financial Stability Board shall be deemed to have been the subject of a final determination under paragraph (1).''; (4) in subsection (d), as so redesignated-- (A) in paragraph (1)(A), by striking ``subsection (a)(2) or (b)(2)'' and inserting ``subsection (a)(2), (b)(2), or (c)(2)''; and (B) in paragraph (4), by striking ``Subsections (d) through (h)'' and inserting ``Subsections (e) through (i)''; (5) in subsections (e), (f), (g), (h), (i), and (j)-- (A) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsections (a), (b), and (c)''; and (B) by striking ``nonbank financial company'' each place such term appears and inserting ``bank holding company for which there has been a determination under subsection (c) or nonbank financial company''; (6) in subsection (g), as so redesignated, by striking ``subsection (e)'' and inserting ``subsection (f)''; (7) in subsection (h), as so redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a), (b), (c), or (d)''; and (8) in subsection (i), as so redesignated, by striking ``subsection (d)(2), (e)(3), or (f)(5)'' and inserting ``subsection (e)(2), (f)(3), or (g)(5)''. (c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``; or'' at the end and inserting a period; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''. (d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been the subject of a final determination under section 113''. (e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended-- (1) in subsection (a), by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been the subject of a final determination under section 113''; and (2) in subsection (c), by striking ``subsection (a) or (b) of section 113'' and inserting ``subsection (a), (b), or (c) of section 113''. (f) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been the subject of a final determination under section 113''. SEC. 4. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been the subject of a final determination under section 113''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) by striking ``(A) In general.--''; and (B) by striking subparagraph (B); (3) by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''; and (4) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (d) Conforming Amendment.--The second subsection (s) (relating to ``Assessments, Fees, and Other Charges for Certain Companies'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``having total consolidated assets of $50,000,000,000 or more;'' and inserting ``which have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). SEC. 5. EFFECTIVE DATE; RULE OF APPLICATION. (a) Effective Date.--The Financial Stability Oversight Council may begin proceedings with respect to a bank holding company under section 113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by this Act, on the date of the enactment of this Act, but may not make a final determination under such section 113(c)(1) with respect to a bank holding company before the end of the 1-year period beginning on the date of the enactment of this Act. (b) Immediate Application to Large Bank Holding Companies.--During the 1-year period described under subsection (a), a bank holding company with total consolidated assets equal to or greater than $50,000,000,000 shall be deemed to have been the subject of a final determination under section 113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. SEC. 6. EXISTING ASSESSMENT TERMINATION SCHEDULE. (a) Temporary Extension of Existing Assessment.-- (1) In general.--Each bank holding company with total consolidated assets equal to or greater than $50,000,000,000 and which has not been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) shall be subject to assessments by the Secretary of the Treasury to the same extent as a bank holding company that has been subject to such a final determination. (2) Limitation on amount of assessments.--The aggregate amount collected pursuant to paragraph (1) from all bank holding companies assessed under such paragraph shall be $115,000,000. (3) Expedited assessments.--If necessary, the Secretary of the Treasury shall expedite assessments made pursuant to paragraph (1) to ensure that all $115,000,000 of assessments permitted by paragraph (2) is collected before fiscal year 2018. (4) Payment period options.--The Secretary of the Treasury shall offer the option of payments spread out before the end of fiscal year 2018, or shorter periods including the option of a one-time payment, at the discretion of each bank holding company paying assessments pursuant to paragraph (1). (5) Assessments to be made in addition to any other assessments.--The assessments collected pursuant to paragraph (1) shall be in addition to, and not as a replacement of, any assessments required under any other law. (b) Use of Assessments.--Of the total amount collected pursuant to subsection (a)-- (1) $60,000,000 shall be transferred to the Financial Stability Oversight Council to pay for any administrative costs resulting from this Act and the amendments made by this Act, of which the Financial Stability Oversight Council shall distribute $20,000,000 to the Board of Governors of the Federal Reserve System, $20,000,000 to the Federal Deposit Insurance Corporation, and $20,000,000 to the general fund of the Treasury; and (2) $55,000,000 shall be transferred to the Federal Deposit Insurance Corporation to pay for any resolution costs resulting from this Act and the amendments made by this Act. (c) Treatment Upon Determination.--A bank holding company assessed under this section shall no longer be subject to such assessments in the event it is subject to a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323). Any prior payments made by such a banking holding company pursuant to an assessment under this section shall be nonrefundable. (d) Rule of Construction.--A bank holding company deemed to have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) under section 5(b) shall not be subject to assessments under subsection (a) solely by operation of section 5(b). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed as broadly applying international standards except as specifically provided under paragraphs (2) and (3) of section 113(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by section 3. Passed the House of Representatives December 1, 2016. Attest: KAREN L. HAAS, Clerk.	Systemic Risk Designation Improvement Act of 2016 (Sec. 3) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council (FSOC) to subject a bank holding company to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System if FSOC makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. This FSOC determination procedure replaces the current process under which bank holding companies with total consolidated assets of $50 billion or more are automatically subject to such enhanced supervision and prudential standards. FSOC must make these final determinations using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers each bank holding company's size, interconnectedness, available substitutes, global cross-jurisdictional activity, and complexity. A bank holding company designated, as of this bill's enactment, as a Global Systemically Important Bank (GSIB) by the Financial Stability Board (FSB) shall be deemed to have been the subject of a final determination that it could pose a threat to U.S. financial stability, thereby making these GSIBs subject to enhanced supervision. (Sec. 4) The bill revises the Federal Reserve Board's authority over bank holding company acquisition restrictions, prohibitions on interlocks between management of different financial companies, and enhanced supervision and prudential standards to make these requirements subject to FSOC's determination instead of operating automatically when a bank meets a $50 billion threshold. (Sec. 5) FSOC is prohibited from making a final determination concerning a bank holding company under this bill before one year after its enactment. A bank holding company shall be deemed to have been the subject of such a final determination during this one-year period, however, if its total consolidated assets are $50 billion or more. (Sec. 6) Bank holding companies with total consolidated assets of $50 billion or more that have not been the subject of a final determination for enhanced supervision and prudential standards remain subject to assessments by the Department of the Treasury for a temporary period to the same extent as a bank holding company that has been subject to a final determination. But the aggregate amount collected from all bank holding companies so assessed is limited to a specified amount to be transferred to: (1) FSOC to distribute to the Federal Reserve Board, the Federal Deposit Insurance Corporation (FDIC), and the general fund of the Treasury for administrative costs resulting from this bill; and (2) the FDIC for resolution costs resulting from this bill. A bank holding company so assessed shall no longer be subject to such assessments in the event it is subject to a final determination. Assessments collected shall be in addition to, and not as a replacement of, any other assessments required by law. (Sec. 7) Nothing in this bill may be construed as broadly applying international standards except as specifically provided for FSOC's use of Basel Committee determination factors and the oversight of FSB-designated GSIBs.
SECTION 1. ____. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended-- (1) in section 4004-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) in paragraph (3) as redesignated, by striking ``subpart 2'' and inserting ``subpart 3''; and (D) by inserting after paragraph (1) the following: ``(2) $25,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out subpart 2; (2) by redesignating subparts 2 and 3 as 3 and 4, respectively; (3) by redesignating sections 4131 through 4134 as sections 4141 through 4144, respectively; (3) by redesignating section 4121 as section 4131; and (4) by inserting after subpart 1 the following: ``Subpart 2--Effective Prevention Program Implementation ``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS. ``(a) Program Authorized.--The Secretary is authorized to provide grants to States that meet the requirements of this subpart to implement prevention programs that meet a high scientific standard of program effectiveness. ``(b) Contents of State Plan.--To be eligible to receive a grant under this subpart, a State educational agency shall submit an application that includes a State plan that describes-- ``(1) the process and selection criteria by which the State educational agency will make competitive grants to eligible local educational agencies; ``(2) how the State educational agency will ensure that only high quality, well-defined, and well-documented comprehensive prevention programs are funded; ``(3) how the State educational agency will disseminate materials developed or collected by the Secretary about research-based, proven-effective comprehensive prevention models and will provide technical assistance to assist local educational agencies in evaluating, selecting, developing, and implementing comprehensive prevention programs; ``(4) how the State educational agency will evaluate the implementation of comprehensive prevention programs and measure the results achieved in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(5) how the State educational agency will ensure that local programs meet the requirements of section 4124(b); ``(6) provide assurances that funds provided under this subpart shall supplement, not supplant, other Federal, State, and local funds that would otherwise be available for the purposes described under this subpart; and ``(7) such other criteria as the Secretary may reasonably require. SEC. 4122. RESERVATIONS AND ALLOCATIONS. ``(a) Reservations.--From the funds made available in section 4004(2) to carry out this subpart for each fiscal year, the Secretary shall-- ``(1) reserve funds in accordance with paragraphs (1), (2), and (4) of section 4011(a); and ``(2) except as provided in subsection (b), allocate the remainder of funds among the States in accordance with section 4011(b)(1). ``(b) Reallocation of Funds to States.--In a case in which a State educational agency does not develop a plan that meets the requirements of section 4121(b), the Secretary shall not make an allocation to the State under subsection (a)(2) and shall allocate such funds in accordance with section 4011(b)(1) to other States that have developed such plans. Funds allocated to a State under this subsection may be used only to implement programs under this subpart. ``SEC. 4123. DISTRIBUTION OF FUNDS. ``(a) Funds to Local Educational Agencies.-- ``(1) In general.--From the amounts made available under section 4004(2), each State educational agency that receives an award under this subpart shall use such funds to provide competitive grants to local educational agencies. ``(2) Awards.--In awarding competitive grants under this subpart, a State educational agency shall-- ``(A) give the highest priority to local educational agencies with demonstrated need in accordance with the criteria described in section 4113(d)(2)(C)(ii); ``(B) make grant awards that are of sufficient size and scope to support the initial startup costs for a comprehensive prevention plan that meets the requirements of this subpart; and ``(C) take into account the equitable distribution of awards to different geographic regions within the State, including urban and rural areas, and to schools serving elementary and secondary students. ``(b) Reservation.--A State educational agency may use not more than 5 percent of the funds made available to it under this section for administrative, evaluation, and technical assistance expenses, including expenses necessary to inform local educational agencies about research-based, proven-effective comprehensive prevention approaches. SEC. 4124. LOCAL AWARDS. ``(a) In General.--To be eligible to receive a subgrant under this subpart for any fiscal year, a local educational agency shall submit, at such time as the State educational agency requires, an application to the State educational agency for approval. ``(b) Plan.--Each local educational agency shall submit a plan to the State educational agency to demonstrate how it will meet the requirements of subsection (c). ``(c) Use of Funds.--A grant awarded to a local educational agency under this subpart shall be used only for the purpose of identifying and implementing comprehensive prevention programs that-- ``(1) employ strategies or approaches that are based on reliable research and that show effectiveness in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(2) comprehensively address the mental, emotional, social, and physical health of children and adolescents; ``(3) employ developmentally appropriate activities and interventions; ``(4) assist children and adolescents in improving cognitive, affective, and behavioral skills; ``(5) use methods that ensure the active engagement of the children and adolescents who participate and that facilitate better communication between children and adults about problem situations; ``(6) provide for the meaningful involvement of parents, educators, health and mental health professionals, and the local community in planning and implementation; ``(7) provide high-quality and continuous staff professional development and training; ``(8) have measurable outcome goals and a clear evaluation plan, including annual reports to the State and the Secretary; ``(9) use high-quality external technical support and assistance from individuals or entities with experience and expertise in developing, implementing, and evaluating comprehensive prevention approaches; and ``(10) identify how other resources (Federal, State, local, and private) available to the State will be used to coordinate services to support and sustain the comprehensive prevention effort.''.	Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Sets forth program requirements for State plans, reservations and allocations of funds, State distribution of program funds through competitive grants to local educational agencies (LEAs), and LEA plans and use of funds for comprehensive prevention programs that meet certain requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security KidSave Accounts Act''. SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS. Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--KidSave Accounts ``kidsave accounts ``Sec. 251. (a) Establishment.--The Commissioner of Social Security shall establish in the name of each individual born on or after January 1, 1997, a KidSave Account described in subparagraph (A) of section 252(1), upon the later of-- ``(1) the date of enactment of this part, or ``(2) the date of the issuance of a Social Security account number under section 205(c)(2) to such individual. The KidSave Account shall be identified to the account holder by means of the account holder's Social Security account number. ``(b) Contributions.-- ``(1) In general.--The Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund for crediting by the Commissioner to each account holder's KidSave Account under subsection (a), an amount equal to the sum of-- ``(A) in the case of any individual born on or after January 1, 1999, $1000.00, on the date of the establishment of such individual's KidSave Account, and ``(B) in the case of any individual born on or after January 1, 1997, $500.00, on the 1st, 2nd, 3rd, 4th, and 5th birthdays of such individual occurring on or after January 1, 2002. ``(2) Adjustment for inflation.--For any calendar year after 2008, each of the dollar amounts under paragraph (1) shall be increased by the cost-of-living adjustment determined under section 215(i) for the calendar year. ``(c) Designations Regarding KidSave Accounts.-- ``(1) Initial designations of investment vehicle.--A person described in subsection (d) shall, on behalf of the individual described in subsection (a), designate the investment vehicle for the KidSave Account to which contributions on behalf of such individual are to be deposited. Such designation shall be made on the application for such individual's Social Security account number. ``(2) Changes in investment vehicles or types of kidsave accounts.--The Commissioner shall by regulation provide the time and manner by which-- ``(A) an individual or a person described in subsection (d) on behalf of such individual may change 1 or more investment vehicles for a KidSave Account described in subparagraph (A) of section 252(1), and ``(B) an individual who has attained age 18, may designate a KidSave Account described in subparagraph (B) of section 252(1) to which all or a portion of the amounts in an existing KidSave Account described in subparagraph (A) of such section are to be transferred. ``(d) Treatment of Minors and Incompetent Individuals.--Any designation under subsection (c) to be made by a minor, or an individual mentally incompetent or under other legal disability, may be made by the person who is constituted guardian or other fiduciary by the law of the State of residence of the individual or is otherwise legally vested with the care of the individual or his estate. Payment under this part due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. In any case in which a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the individual, if any other person, in the judgment of the Commissioner, is responsible for the care of such individual, any designation under subsection (c) which may otherwise be made by such individual may be made by such person, any payment under this part which is otherwise payable to such individual may be made to such person, and the payment of an annuity payment under this part to such person bars recovery by any other person. ``definitions and special rules ``Sec. 252. For purposes of this part-- ``(1) Kidsave accounts.-- ``(A) A KidSave Account described in this subparagraph is a KidSave Account in the KidSave Investment Fund (established under section 253) which is administered by the KidSave Investment Fund Board. ``(B) A Kidsave Account described in this subparagraph is any individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986), other than a Roth IRA (as defined in section 408A(b) of such Code), which is designated by an individual as a KidSave Account (in such manner as the Secretary of the Treasury may prescribe) and which is administered or issued by a bank or other person referred to in section 408(a)(2) of such Code. ``(2) Treatment of accounts.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) any KidSave Account described in paragraph (1)(A) shall be treated in the same manner as an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, and ``(ii) any KidSave Account described in paragraph (1)(B) shall be treated in the same manner as an individual retirement plan (as so defined). ``(B) Exceptions.-- ``(i) Contribution limit.--The aggregate amount of contributions for any taxable year to all KidSave Accounts of an individual shall not exceed the contribution made pursuant to section 251(b) for such year on behalf of such individual. ``(ii) Rollover contributions.--No rollover contribution may be made to a KidSave Account unless it is from another KidSave Account. A rollover described in the preceding sentence shall not be taken into account for purposes of clause (i). ``(iii) Distributions.--Notwithstanding any other provision of law, distributions may only be made from a KidSave Account of an individual on or after the earlier of-- ``(I) the date on which the individual begins receiving benefits under this title, or ``(II) the date of the individual's death. ``kidsave investment fund ``Sec. 253. (a) Establishment.--There is established and maintained in the Treasury of the United States a KidSave Investment Fund in the same manner as the Thrift Savings Fund under sections 8437, 8438, and 8439 of title 5, United States Code. ``(b) KidSave Investment Fund Board.-- ``(1) In general.--There is established and operated in the Social Security Administration a Kidsave Investment Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. ``(2) Specific investment duties.--The Kidsave Investment Fund shall be managed by the Kidsave Investment Fund Board in the same manner as the Thrift Savings Fund is managed under subchapter VIII of chapter 84 of title 5, United States Code. ``appropriations to the federal old-age and survivors insurance trust fund ``Sec. 254. Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Federal Old- Age and Survivors Insurance Trust Fund such sums as are necessary to carry out this part.''.	Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 1997, an individual retirement account known as a KidSave Account. Requires the Secretary of the Treasury to transfer from the Federal OASDI Trust Fund to the Commissioner for crediting to each account holder's KidSave Account: (1) $1,000, on the date such individual's KidSave Account is established, in the case of any individual born on or after January 1, 1999; plus (2) in the case of any individual born on or after January 1, 1997, $500 on each of the individual's first five birthdays occurring on or after January 1, 2002. Establishes in the Treasury the KidSave Investment Fund in the same manner as the Thrift Savings Fund under the Federal Employees Retirement System (FERS). Establishes the KidSave Investment Fund Board in the Social Security Administration in the same manner as the Federal Retirement Thrift Investment Board under the FERS Thrift Savings Program. Requires the KidSave Investment Fund to be managed in the same manner as the FERS Thrift Savings Fund. Makes appropriations to the Federal OASDI Trust Fund of any sums necessary to carry out the KidSave Accounts program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fee Authority Act of 2002''. SEC. 2. RECREATION FEE AUTHORITY. (a) Definition of Secretary.--In this Act, the term ``Secretary'' means the Secretary of the Interior. (b) Definition of Agency.--In this Act, the term ``Agency'' means the National Park Service. (c) In General.--Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to-- (1) establish, charge, and collect fees for the following: (A) admission to a unit, area, or site administered by the Agency; and (B) the use of Agency administered areas, lands, sites, facilities, and services (including reservations) by individuals and/or groups; (2) establish fair and equitable fees that are a result of a market analysis taking the following criteria into consideration-- (A) the benefits and services provided to the visitor; (B) the cumulative effect of fees charged to the public; (C) the comparable fees charged on other units, areas, sites, and other public agencies; (D) the comparable fees charged by nearby private sector operators; (E) the direct and indirect cost to the Government; (F) the revenue benefits to the Government; (G) the public policy or management objectives served; (H) the economic and administrative feasibility of fee collection; and (I) any other pertinent factors or criteria deemed necessary by the Secretary. (3) The Secretary shall ensure that individual park units assess only the minimum number of fees consistently on an agency-wide basis in order to avoid the collection of multiple or layered fees for a wide variety of uses, activities and/or programs. (4) The results of the market analysis, new fees, increases or decreases in established fees, shall be published in the Federal Register and any change in the amount of fees shall not take place until at least 12 months after the date the notice is published in the Federal Register. (d) Additional Authorities.--Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to-- (1) enter into agreements, including contracts, which provide for reasonable commissions or reimbursements, with any public or private entity to provide visitor reservation services, fee collection and/or processing services; (2) use National Park Service volunteers, as appropriate to collect fees charged pursuant to Section 2(C); (3) in establishing fees under this Act, the Secretary may provide discounted or free admission days or use as deemed appropriate by the Secretary; (4) the Secretary may modify the National Park Passport, established pursuant to Public Law 105-391; and (5) the Secretary shall take such steps as may be necessary to provide information to the visitor concerning the various fees programs available to them and the costs and benefits of those programs. (e) State Agency Admission and Special Use Passes.--Beginning in fiscal year 2003 and thereafter-- (1) notwithstanding the Federal Grants Cooperative Agreements Act, the Secretary is authorized to enter into revenue sharing agreements with State agencies to accept their annual passes and convey the same privileges, terms and conditions as offered under the auspices of the National Park Passport, established pursuant to Public Law 105-391 (hereinafter referred to as the ``National Park Passport''), or as Public Law 105-391 may be amended. (2) State agency annual passes shall only be accepted for all of the units of the National Park System within the boundaries of the State in which the specific revenue sharing agreement is entered into. (3) The Secretary may enter into revenue sharing agreements with other Federal agencies and/or Tribal governments to establish, charge and collect fees at areas, sites or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture and/or the specific Tribal government in which the agreement is made. SEC. 3. DISTRIBUTION OF RECEIPTS. (a) In General.-- (1) The Secretary of the Treasury shall establish a special account in the Treasury for the Agency. (2) Amounts collected by the Agency under section 2 shall be deposited in its special account in the Treasury and shall remain available for expenditure without further appropriation until expended. (3) Amounts collected from sales of the National Park Passport, or from revenue sharing agreements entered into under section 2 of this Act shall be deposited in its special account in the Treasury in accordance with guidelines established by the Secretary of the Interior. (b) Distribution of Fees.--The amounts deposited in the special account established by subsection (a) shall be distributed as follows: (1) Not less than 80 percent of amounts collected pursuant to the Act at a specific area, site, or project as determined by the Secretary, shall remain available for use at the specific area, site, or project at which the fees were collected, except that the Secretary may change the allocation amount to not less than 60 percent of fees collected to be returned to the area, site, or project when the Secretary determines that site specific revenues in any given fiscal year exceed that site's reasonable needs for that year; except that for those units of the National Park System which participate in an active revenue sharing agreement with a State under section 2(e) of this Act, not less than 90 percent of amounts collected pursuant to this Act at a specific area, site, or project as determined by the Secretary shall remain for use at the specific area, site, or project at which the fees were collected. (2) The balance of the amounts collected at a specific area, site, or project not distributed in accordance with paragraph (1), shall remain available for use by the Agency on an agency-wide basis as determined by the Secretary. (3) Monies generated as a result of revenue sharing agreements established pursuant to section 2(e) may provide for a fee-sharing arrangement among the parties to the revenue sharing agreement. Agency shares of fees collected shall be deposited and distributed as described in subsection (b) equally to all units of the National Park System in the specific State that are parties to the revenue sharing agreement. (4) Monies generated as a result of the sale of the National Park Passport shall be distributed as follows: not less than 50 percent of the amounts collected pursuant this Act, as determined by the Secretary shall remain available for use at the specific area, site, or project at which the fees were collected, the balance of the monies generated shall be distributed in accordance with paragraph 2 of this section. SEC. 4. EXPENDITURES. (a) Use of Fees at Specific Area, Site, or Project.--Amounts available under section 3 of this Act for expenditure at a specific area, site, or project shall be accounted for separately and may be used for-- (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation. (b) The Secretary may use not more than fifteen percent of the revenues derived under the authorities of this Act to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, start-up costs, and analysis and reporting on program accomplishments and impacts. SEC. 5. REPORTS. (a) Once every three years after the enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report detailing the status of the Recreation Fee Program conducted in units of the National Park System: (1) the report under this section shall contain an evaluation of the Recreation Fee Program conducted at each unit of the National Park System; (2) with respect to each unit of the National Park System where a fee is charged under the authorities granted by this Act, a description of projects that were funded, work accomplished, and a description of future projects and programs identified for funding with monies expected to be generated under the authorities granted by this Act; and (3) any recommendations for changes in the overall fee system along with any justification as appropriate. SEC. 6. REGULATIONS. The Secretary may promulgate such rules and regulations as may be necessary to implement this Act.	Recreational Fee Authority Act of 2002 - Authorizes the Secretary of the Interior to establish and collect fees for: (1) admission to a unit, area, or site administered by the National Park Service (NPS); and (2) the use of NPS administered areas, lands, sites, facilities, and services. Sets forth considerations for establishment of fair and equitable fees, including the Government's costs and revenues and the cumulative effect of fees charged to the public.Authorizes the Secretary to: (1) enter into agreements that provide for reasonable commissions or reimbursements with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) use NPS volunteers to collect fees; (3) modify the National Park Passport; (4) enter into revenue sharing agreements with State agencies to accept their annual passes for NPS units within the State and convey the same privileges, terms, and conditions as offered under the National Park Passport; and (5) enter into agreements with other Federal agencies and/or tribal governments to establish and collect fees at areas, sites, or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture, and/or the tribal government.Requires: (1) fees collected by NPS to be deposited into a special Treasury account; (2) at least 80 percent of the fees collected at an area, site, or project to remain available for use at that area, site, or project (with specified exceptions); (3) at least 50 percent of the fees collected as a result of the sale of the National Park Passport to remain available for use at the area where they were collected; and (4) not more than 15 percent of the derived revenues to be used to administer the recreation fee program.
<greek-th> x <greek-th> x <greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Terrorism Insurance Backstop Extension Act of 2004''.<greek-th> x SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.<greek-th> x (a) Program Years 4 and 5.--Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs:<greek-th> x ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006.<greek-th> x ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007.''.<greek-th> x (b) Insurer Deductible.--Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by redesignating subparagraph (E) as subparagraph (G);<greek-th> x (2) in subparagraph (D), by striking ``and'' at the end;<greek-th> x (3) by inserting after subparagraph (D) the following new subparagraphs:<greek-th> x ``(E) for Program Year 4, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent;<greek-th> x ``(F) for Program Year 5, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and''; and<greek-th> x (4) in subparagraph (G) (as so redesignated by paragraph (1) of this subsection)--<greek-th> x (A) by striking ``(D)'' and inserting ``(F)''; and<greek-th> x (B) by striking ``or Program Year 3'' and inserting ``Program Year 3, Program Year 4, or Program Year 5''.<greek-th> x (c) Mandatory Availability.--Subsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following:<greek-th> x ``(c) Mandatory Availability.--During the Program, each entity that meets the definition of an insurer under section 102--'';<greek-th> x (2) by striking paragraph (2); and<greek-th> x (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin.<greek-th> x (d) Insured Loss Shared Compensation.--Subsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--<greek-th> x (1) in paragraph (2)(A), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (2) in paragraph (3), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (3) in paragraph (6)--<greek-th> x (A) in subparagraph (B), by striking ``and'' at the end;<greek-th> x (B) in subparagraph (C) by striking the period at the end and inserting a semicolon; and<greek-th> x (C) by adding at the end the following new subparagraphs:<greek-th> x ``(D) for Program Year 4, the lesser of-- <greek-th> x ``(i) $17,500,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year;<greek-th> x ``(E) for Program Year 5, the lesser of-- <greek-th> x ``(i) $20,000,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and''; and<greek-th> x (4) in paragraph (7)--<greek-th> x (A) in subparagraph (A), by striking ``and (C)'' and inserting ``(C), (D), and (E)''; and<greek-th> x (B) in subparagraphs (B) and (C), by striking ``or (C)'' each place such term appears and inserting ``(C), (D), or (E)''.<greek-th> x (e) Coverage of Group Life Insurance.--<greek-th> x (1) In general.--Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting ``or group life'' after ``property and casualty''.<greek-th> x (2) Technical and conforming amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (A) in section 102--<greek-th> x (i) in paragraph (1)--<greek-th> x (I) in subparagraph (B)(i), by inserting ``or group life insurance'' after ``workers' compensation''; and<greek-th> x (II) in subparagraph (B)(ii), by inserting ``and group life insurance'' after ``property and casualty insurance'';<greek-th> x (ii) in paragraph (4)--<greek-th> x (I) by inserting ``or for group life insurance'' after ``property and casualty insurance''; and<greek-th> x (II) by striking ``paragraph (5)'' and inserting ``paragraph (6)''; <greek-th> x (iii) in paragraph (5), by inserting ``and group life insurance'' after ``workers' compensation''; and<greek-th> x (iv) in paragraph (6)--<greek-th> x (I) in subparagraph (A)(i), by inserting ``property and casualty or group life'' after ``excess'';<greek-th> x (II) in subparagraph (B), by inserting ``or group life insurance coverage'' after ``property and casualty insurance coverage'';<greek-th> x (v) by redesignating paragraphs (5) through (16) as paragraphs (6) through (17), respectively; and<greek-th> x (vi) by inserting after paragraph (4), the following new paragraph:<greek-th> x ``(5) Group life insurance.--The term `group life insurance' means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.'';<greek-th> x (B) in section 103--<greek-th> x (i) in subsection (b)(1), by inserting ``(including a named beneficiary in the case of a group life insurance policy)'' before the second comma;<greek-th> x (ii) in subsection (c)--<greek-th> x (I) in paragraph (1) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (II) in paragraph (2) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty'';<greek-th> x (iii) in subsection (e)--<greek-th> x (I) in paragraph (6), by striking ``For'' and inserting ``Except as provided in subparagraph (F) of this paragraph, for'';<greek-th> x (II) in paragraph (6), by inserting after subparagraph (E) (as added by subsection (d)(3)(C) of this section) the following new subparagraph:<greek-th> x ``(F) for each of the periods referred to in subparagraphs (A) through (E), the amounts provided under such subparagraphs, as such amounts shall be increased by the Secretary before the expiration of the 90-day period beginning on the date of the enactment of the Terrorism Insurance Backstop Extension Act of 2004, based on the increase in the size of the Program caused by the inclusion of group life insurance pursuant to such Act, in proportion to the increased premiums involved.'';<greek-th> x (III) in paragraph (7)(C), by inserting ``or group life insurance'' after ``workers compensation'';<greek-th> x (IV) in paragraph (8)(A)(i), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (V) in paragraph (8), by inserting ``or group life'' after ``property and casualty'' each place such term appears in subparagraphs (A)(iii) and (C); and<greek-th> x (iv) by striking subsection (h);<greek-th> x (C) in section 105(c), by inserting ``or group life'' after ``property and casualty''; and<greek-th> x (D) in section 108(d)(1), by inserting ``and the group life insurance industry'' after ``property and casualty insurance industry''.<greek-th> x (3) Required rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to carry out this subsection.<greek-th> x (f) Study on Long-Term Solutions.--Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection:<greek-th> x ``(h) Study on Long-Term Solutions.--By June 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop.''.<greek-th> x (g) Termination of Program.--<greek-th> x (1) Termination.--Subsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2007''.<greek-th> x (2) Final gao study and report.--Subsection (d) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph:<greek-th> x ``(3) Final gao study and report.--The Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study.''.<greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x	Terrorism Insurance Backstop Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, through December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007). Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance. Sunsets the Terrorism Risk Insurance Program after December 31, 2007.
SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal court of appeals system, with particular reference to the Ninth Circuit; and (3) report recommendations to the President and Congress on appropriate changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 8 members appointed as follows: (1) One member appointed by the President of the United States. (2) Three members appointed by the Majority Leader of the Senate. (3) Three members appointed by the Speaker of the House of Representatives. (4) One member appointed by the Chief Justice of the United States. (b) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (c) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Quorum.--Four members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are Federal officers or employees shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Non-Federal Members.--Any member of the Commission who is not a Federal officer or employee shall receive $200 for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized under section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 1 year after the date of the enactment of this Act, or June 30, 1998, whichever occurs first, the Commission shall submit its report to the President and the Congress under section 1(b). The Commission shall terminate 90 days after the date of the submission of the report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission the sum of $500,000 to carry out this Act.	Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act. Authorizes appropriations.
SECTION 1. SHORT TITLE. (a) The Act may be cited as the ``Kleptocracy Asset Recovery Rewards Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Stolen Asset Recovery Initiative (StAR), a World Bank and United Nations anti-money-laundering effort, estimates that between $20 billion to $40 billion has been lost to developing countries annually through corruption. (2) In 2014, more than $480 million in corruption proceeds hidden in bank accounts around the world by former Nigerian dictator Sani Abacha and his co-conspirators was forfeited through efforts by the Department of Justice. (3) In 2010, the Department of Justice established the Kleptocracy Asset Recovery Initiative, to work in partnership with Federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office. (4) Of the $20 billion to $40 billion lost by developing countries annually through corruption, only about $5 billion has been repatriated in the last 15 years. (5) Governments weakened by corruption and loss of assets due to corruption have fewer resources to devote to the fight against terrorism and fewer resources to devote to building strong financial, law enforcement, and judicial institutions to aid in the fight against the financing of terrorism. (6) The United States has a number of effective programs to reward individuals who provide valuable information that assist in the identification, arrest, and conviction of criminal actors and their associates, as well as seizure and forfeiture of illicitly derived assets and the proceeds of criminal activity. (7) The Internal Revenue Service has the Whistleblower Program, which pays awards to individuals who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from noncompliant taxpayers. (8) The Department of State administers rewards programs on international terrorism, illegal narcotics, and transnational organized crime with the goal of bringing perpetrators to justice. (9) None of these existing rewards programs specifically provide monetary incentives for identifying and recovering stolen assets linked solely to foreign government corruption, as opposed to criminal prosecutions or civil or criminal forfeitures. (10) The recovery of stolen assets linked to foreign government corruption and the proceeds of such corruption may not always involve a BSA violation or lead to a forfeiture action. In such cases there would be no ability to pay rewards under existing Treasury Department authorities. (11) Foreign government corruption can take many forms but typically entails government officials stealing, misappropriating, or illegally diverting assets and funds from their own government treasuries to enrich their personal wealth directly through embezzlement or bribes to allow government resources to be expended in ways that are not transparent and may not either be necessary or be the result of open competition. Corruption also includes situations where public officials take bribes to allow government resources to be expended in ways which are not transparent and may not be necessary or the result of open competition. These corrupt officials often use the United States and international financial system to hide their stolen assets and the proceeds of corruption. (12) The individuals who come forward to expose foreign governmental corruption and kleptocracy often do so at great risk to their own safety and that of their immediate family members and face retaliation from persons who exercise foreign political or governmental power. Monetary rewards and the potential award of asylum can provide a necessary incentive to expose such corruption and provide a financial means to provide for their well-being and avoid retribution. (b) Sense of Congress.--It is the sense of Congress that a Department of the Treasury stolen asset recovery rewards program to help identify and recover stolen assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to-- (1) intensify the global fight against corruption; and (2) serve United States efforts to identify and recover such stolen assets, forfeit proceeds of such corruption, and, where appropriate and feasible, return the stolen assets or proceeds thereof to the country harmed by the acts of corruption. SEC. 3. IN GENERAL. (a) Department of the Treasury Kleptocracy Asset Recovery Rewards Program.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program ``(a) Establishment.-- ``(1) In general.--There is established in the Department of the Treasury a program to be known as the `Kleptocracy Asset Recovery Rewards Program' for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to support U.S. Government programs and investigations aimed at restraining, seizing, forfeiting, or repatriating stolen assets linked to foreign government corruption and the proceeds of such corruption. ``(3) Implementation.--The rewards program shall be administered by, and at the sole discretion of, the Secretary of the Treasury, in consultation, as appropriate, with the Secretary of State, the Attorney General, and the heads of such other departments and agencies as the Secretary may find appropriate. ``(b) Rewards Authorized.--In the sole discretion of the Secretary and in consultation, as appropriate, with the heads of other relevant Federal departments or agencies, the Secretary may pay a reward to any individual, or to any nonprofit organization designated by such individual, if that individual furnishes information leading to-- ``(1) the restraining or seizure of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; ``(2) the forfeiture of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; or ``(3) where appropriate, the repatriation of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person. ``(c) Coordination.-- ``(1) Procedures.--To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal law enforcement agencies for the obtaining of information or other evidence, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the heads of such other agencies as the Secretary may find appropriate, shall establish procedures for the offering, administration, and payment of rewards under this section, including procedures for-- ``(A) identifying actions with respect to which rewards will be offered; ``(B) the receipt and analysis of data; and ``(C) the payment of rewards and approval of such payments. ``(2) Prior approval of the attorney general required.-- Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of the Treasury shall obtain the written concurrence of the Attorney General. ``(d) Payment of Rewards.-- ``(1) Authorization of appropriations.--For the purpose of paying rewards pursuant to this section, there is authorized to be appropriated $450,000 for fiscal year 2019. ``(2) Limitation on annual payments.--Except as provided under paragraph (3), the total amount of rewards paid pursuant to this section may not exceed $25,000,000 in any calendar year. ``(3) Presidential authority.--The President may waive the limitation under paragraph (2) with respect to a calendar year if the President provides written notice of such waiver to the Secretary and the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section. ``(4) Payment from stolen asset amounts.--In paying any reward under this section with respect to information furnished by an individual, the Secretary shall, to the extent possible, make such payments using the stolen assets recovered based on such information before using appropriated funds authorized under paragraph (1). ``(e) Limitations and Certification.-- ``(1) Submission of information.--No award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury. ``(2) Maximum amount.--No reward paid under this section may exceed $5,000,000, except as personally authorized in writing by the Secretary, if the Secretary determines that offer or payment of a reward of a greater amount is necessary in exceptional cases. ``(3) Approval.-- ``(A) In general.--No reward amount may be paid under this section without the written approval and certification of the Secretary. ``(B) Delegation.--The Secretary may not delegate the certification required under subparagraph (A) to anyone other than an Under Secretary of the Department of the Treasury. ``(4) Protection measures.--If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary shall take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection. ``(5) Forms of reward payment.--The Secretary may make a reward under this section in the form of a monetary payment. ``(f) Ineligibility, Reduction in, or Denial of Reward.-- ``(1) Officer and employees.--An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of official duties, furnishes information described under subsection (b) shall not be eligible for a reward under this section. ``(2) Participating individuals.--If the claim for a reward is brought by an individual who planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary may appropriately reduce such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Secretary shall deny any reward. ``(g) Determinations of Secretary.--A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. ``(h) Report.-- ``(1) In general.--Within 180 days of the enactment of this section, and annually thereafter, the Secretary shall issue a report to the appropriate committees of the Congress-- ``(A) detailing to the greatest extent possible the amount, location, and ownership or beneficial ownership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person, including any foreign branch; ``(B) discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and ``(C) including a discussion of the interactions of the Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to identify the amount, location, and ownership, or beneficial ownership, of stolen assets held in financial institutions outside the United States. ``(2) Exception for ongoing investigations.--The report issued under paragraph (1) shall not include information related to ongoing investigations. ``(i) Definitions.--For purposes of this section: ``(1) Appropriate committees of the congress.--The term `appropriate committees of the Congress' means the Committees on Financial Services, Foreign Affairs, and the Judiciary of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, Foreign Relations, and the Judiciary of the Senate. ``(2) Financial asset.--The term `financial asset' means any funds, investments, or ownership interests, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person, including through a U.S. branch of a foreign financial institution. ``(3) Foreign government corruption.--The term `foreign government corruption' includes bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds or property by or for the benefit of a foreign public official. ``(4) Foreign public official.--The term `foreign public official' includes any person who occupies a public office by virtue of having been elected, appointed, or employed, including any military, civilian, special, honorary, temporary, or uncompensated official. ``(5) Immediate family member.--The term `immediate family member', with respect to an individual, has the meaning given the term `member of the immediate family' under section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)). ``(6) Rewards program.--The term `rewards program' means the program established in subsection (a)(1) of this section. ``(7) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(8) Stolen assets.--The term `stolen assets' means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from foreign government corruption.''. (b) Report on Disposition of Recovered Assets.--Within 180 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the appropriate committees of Congress (as defined under section 9706(i) of title 31, United States Code) describing policy choices for disposition of stolen assets recovered pursuant to section 9706 of title 31, United States Code. (c) Table of Contents Amendment.--The table of contents for chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program.''.	Kleptocracy Asset Recovery Rewards Act This bill establishes in the Department of the Treasury the Kleptocracy Asset Recovery Rewards Program. The program may provide rewards to individuals furnishing information leading to the restraining, seizure, forfeiture, or repatriation of stolen assets linked to foreign government corruption.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Kidney Disease Management Act of 2002''. SEC. 2. DELAYING ONSET OF ESRD. (a) Medicare Coverage of Chronic Kidney Disease Patients.-- (1) In general.--Section 226A of the Social Security Act (42 U.S.C. 426-1) is amended-- (A) by redesignating the last subsection as subsection (e); and (B) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding any provision to the contrary in section 226 or title XVIII, every qualified chronic kidney disease patient (as defined in paragraph (2)) shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title XVIII, subject to the deductible, premium, and coinsurance provisions of that title. ``(B) No qualified chronic kidney disease patient may enroll under part C of title XVIII. ``(2) For purposes of this subsection, the term ``qualified chronic kidney disease patient'' means an individual-- ``(A) who would otherwise be described in subsection (a) but for paragraph (2) of that subsection; ``(B) who has been diagnosed with chronic kidney disease; ``(C) with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments or a kidney transplant within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services (as defined in section 1861(ww)(1)); and ``(D) who certifies that the individual does not have health insurance coverage.''. (2) Conforming amendments.--Section 1811 of such Act (42 U.S.C. 1395c) is amended by inserting before the period the following: ``or who are qualified chronic kidney disease patient (as defined in section 226A(d)(2))''. (3) Effective Date.--The amendments made by this subsection shall take effect January 1, 2004. (b) Coverage of pre-ESRD Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (U); (B) by inserting ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) pre-ESRD services (as defined in subsection (ww)(1)) for an individual who has been diagnosed with chronic kidney disease and, with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services;''. (2) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Pre-ESRD Services ``(ww)(1) The term `pre-ESRD Services' means any or all of the following services: ``(A) Individual and group nutritional counseling services for the purpose of chronic kidney disease management that are furnished by a registered dietitian or nutrition professional (as defined in subsection (vv)(2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(B) Counseling furnished by qualified health care providers that-- ``(i) provides comprehensive information regarding the management of comorbidities, and the prevention of uremic complications; ``(ii) ensures active participation of the individual in the choice of therapy or therapies; and ``(iii) provides comprehensive information regarding modalities of treatment for kidney disease and end-stage renal disease, including organ transplantation, hemodialysis, peritoneal dialysis, and home dialysis. ``(C) Counseling, items and services, including tissue typing, furnished by qualified health care providers for preparation of possible organ transplantation. ``(D) Items and services furnished by qualified health care providers for the preparation of vascular access required for dialysis treatment. ``(E) Such other services as the Secretary determines appropriate, in consultation with national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(2) The Secretary shall establish such criteria as the Secretary determines appropriate for qualifications required for individuals to furnish pre-ESRD services under paragraph (1).''. (3) Payment amount.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to pre-ESRD services, the amount paid shall be 80 percent of the amount determined under the fee schedule established under section 1834(e)''. (B) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Fee Schedule for pre-ESRD Services.-- ``(1) In general.--The Secretary shall establish a fee schedule for payment for pre-ESRD services in accordance with the requirements of this subsection. ``(2) Considerations.--In establishing such fee schedule, the Secretary shall-- ``(A) establish mechanisms to promote the efficient delivery of care; ``(B) establish definitions for pre-ESRD services which link payments to the type of services provided; ``(C) consider appropriate regional and operational differences; and ``(D) consider adjustments to payment rates to account for inflation and other relevant factors. ``(3) Consultation.--In establishing the fee schedule for pre-ESRD services under this subsection, the Secretary shall consult with various national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(4) Coding system.--The Secretary may require the claim for any services for which the amount of payment is determined under this subsection to include a code (or codes) under a uniform coding system specified by the Secretary that identifies the services furnished.''. (3) Permitting dialysis facilities to bill for pre-ESRD services furnished in the facility.--Section 1881(b) is amended by adding at the end the following new paragraph: ``(12) A renal dialysis facility may provide for the furnishing of some or all pre-ESRD services (as defined in section 1861(ww)(2). The facility may submit to the Secretary a claim for payment for such services furnished in the facility, and the Secretary shall not require the facility, or the employee of the facility who is qualified to furnish such services, to apply for a separate provider number for purposes of payment under this title.''.	Medicare Chronic Kidney Disease Management Act of 2002 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan Mountains Wilderness Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Covered land.--The term ``covered land'' means-- (A) land designated as wilderness under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756); and (B) land in the Special Management Area. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means the Sheep Mountain Special Management Area designated by section 4(a). (4) State.--The term ``State'' means the State of Colorado. SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756) is amended by adding at the end the following: ``(20) Lizard head wilderness addition.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,350 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness. ``(21) Mount sneffels wilderness additions.-- ``(A) Liberty bell and last dollar additions.-- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 8,250 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(B) Whitehouse additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 13,000 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(22) Mckenna peak wilderness.--Certain Federal land in the State of Colorado comprising approximately 8,600 acres of Bureau of Land Management land, as generally depicted on the map entitled `McKenna Peak Wilderness' and dated November 10, 2010, to be known as the `McKenna Peak Wilderness'.''. SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. (a) Designation.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests comprising approximately 21,620 acres as generally depicted on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated December 2, 2010, is designated as the ``Sheep Mountain Special Management Area''. (b) Purpose.--The purpose of the Special Management Area is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Special Management Area in a manner that-- (A) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); (B) maintains or improves the wilderness character of the Special Management Area and the suitability of the Special Management Area for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Prohibitions.--The following shall be prohibited in the Special Management Area: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety-- (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) Authorized activities.-- (A) In general.--The Secretary may allow any activities (including helicopter access for recreation and maintenance) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Area, subject to such terms and conditions as the Secretary may require. (B) Permitting.--The designation of the Special Management Area by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (d) Water.-- (1) Effect.--Nothing in this section-- (A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (C) affects any interstate water compact in existence on the date of enactment of this Act; (D) authorizes or imposes any new reserved Federal water rights; or (E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (2) State water law.--The Secretary shall follow the procedural requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the covered land. (3) New or expanded projects.--Notwithstanding any other provision of law, beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the covered land. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Authorized Events.--The Secretary may continue to authorize the competitive running event permitted since 1992 in the vicinity of the Special Management Area and the Liberty Bell addition to the Mount Sneffels Wilderness designated by section 2(a)(21) of the Colorado Wilderness Act of 1993 (as added by section 3) in a manner compatible with the preservation of the areas as wilderness. (b) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (c) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) and the Special Management Area with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary or the Secretary of the Interior, as appropriate, may correct clerical and typographical errors in each map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of the Special Management Area or the wilderness designated under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (f) Grazing.--The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary with jurisdiction over the covered land, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. Rept. 96-617). (g) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,600 acres generally depicted on the map entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated January 26, 2010, is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. TECHNICAL CORRECTION. Subtitle E of title II of Public Law 111-11 (16 U.S.C. 460zzz et seq.) is amended-- (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following: ``SEC. 2408. RELEASE. ``(a) In General.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation. ``(b) Release.--Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle-- ``(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and ``(2) shall be managed in accordance with this subtitle and any other applicable laws.''.	San Juan Mountains Wilderness Act of 2011- Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and specified land of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System (NWPS). Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area. Sets forth provisions regarding water rights in the lands designated as wilderness or a special management area by this Act. Withdraws lands designated as wilderness or a special management area under this Act, as well as land within the Naturita Canyon Mineral Withdrawal Area, from: (1) entry, appropriation, and disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Releases certain parts of the Dominguez Canyon Wilderness Study Area that were not designated as wilderness by this Act from further study for designation as wilderness.
SECTION 1. ESTABLISHMENT OF RESERVATION. Section 1 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended as follows: (1) In subsection (a), by adding at the end the following: ``The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on- reservation trust acquisition. All real property taken into trust within these boundaries, before or after the date of the enactment of this Act shall be part of the Tribe's reservation.''. (2) In subsection (b)-- (A) by modifying the opening paragraph of subsection (c) by striking ``10,311.60'' and inserting ``10,599.66''; (B) by striking the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 8 Tax lot 800 5.55'' ---------------------------------------------------------------------------------------------------------------- (C) by inserting in place of the matter struck under subparagraph (B) the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 7, 8, 17 Former tax lot 800, 5.55''; located within the SE \1/4\, SE \1/4\ of Section 7; the SW \1/4\ of Section 8; and the NW \1/ 4\, NW \1/4\ of Section 17 ---------------------------------------------------------------------------------------------------------------- (D) by striking ``240'' and inserting ``241.06''; and (E) by striking all text in subsection (c) after ---------------------------------------------------------------------------------------------------------------- ``6 7 18 E \1/2\ NE \1/4\ 43.42'' ---------------------------------------------------------------------------------------------------------------- (F) and inserting the following: ------------------------------------------------------------------------ ``6 8 1 W \1/2\, SE 20.6 \1/4\, SE \1/ 4\ and S \1/ 2\, NE \1/4\, SE \1/4\ 6 8 1 N \1/2\, SW \1/ 19.99 4\, SE \1/4\ 6 8 1 SE \1/4\, NE 9.99 \1/4\ 6 8 1 NE \1/4\, SW 10.46 \1/4\ and NW \1/4\, SW \1/ 4\ 6 8 1 NE \1/4\, SW 12.99 \1/4\ and NW \1/4\, SW \1/ 4\ 6 7 6 SW \1/4\, NW 37.99 \1/4\ 6 7 5 NE \1/4\, NW 24.87 \1/4\ 6 7 5, 8 SW \1/4\, SE 109.9 \1/4\ of Section 5 and NE \1/4\, NE \1/4\ NW \1/ 4\, NE \1/4\ NE \1/4\, NW \1/4\ of Section 8 6 8 1 NW \1/4\, SE 31.32 \1/4\ 6 8 1 NE \1/4\, SW 8.89 \1/4\ ----------- ........... Total 10,599.66' '. ------------------------------------------------------------------------	Authorizes the Secretary of the Interior to accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. States that: (1) the Secretary shall treat all applications to take land into trust within the boundaries of the original 1857 reservation as an on-reservation trust acquisition; and (2) all real property taken into trust within these boundaries before or after the date of the enactment of this Act shall be part of the Tribe's reservation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Incentive Act of 1993''. SEC. 2. EXEMPTED SECURITIES. Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended-- (1) in paragraph (1), by inserting after the first sentence the following new sentence: ``Such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''; (2) in paragraph (1)(A)-- (A) by inserting after ``issuer'' the first place it appears ``and the company is or (but for the exceptions set forth in this paragraph and paragraph (7)) would be an investment company''; and (B) by striking ``unless as of the date'' and all that follows through the end of subparagraph (A) and inserting a period; and (3) by amending paragraph (7) to read as follows: ``(7) Any issuer whose outstanding securities are owned exclusively by persons who, at the time of acquisition of such securities, are qualified purchasers, except that such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''. SEC. 4. DEFINITION OF QUALIFIED PURCHASER. Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 2(a)) is amended by adding at the end the following new paragraph: ``(51) `Qualified purchaser' means-- ``(A) any natural person who owns at least $10,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; ``(B) any person, acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis, not less than $100,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; or ``(C) any person, who may own or invest a lesser amount in securities than specified in subparagraphs (A) and (B), that the Commission, by rule or regulation, has determined does not need the protections of this title, after consideration of factors such as-- ``(i) a high degree of financial sophistication, including extensive knowledge of and experience in financial matters; ``(ii) sizable net worth; ``(iii) a substantial amount of assets owned or under management; ``(iv) relationship with an issuer; or ``(v) such other factors as the Commission may determine to be consistent with the purpose of this paragraph. The Commission also may adopt such rules and regulations governing the persons specified in subparagraphs (A) and (B) as it determines are necessary or appropriate in the public interest and for the protection of investors.''. SEC. 5. DEFINITION OF INVESTMENT SECURITIES. Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(a)) is amended in the last sentence by striking subparagraph (C) and inserting the following: ``(C) securities issued by any majority-owned subsidiary of the owner, unless such subsidiary is an investment company or is excluded from the definition of an investment company solely by virtue of paragraph (1) or (7) of subsection (c).''. SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT COMPANIES. Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 6(a)) is amended by adding at the end the following new paragraph: ``(5)(A) Any company that is not engaged in the business of issuing redeemable securities, the operations of which are subject to regulation by the State in which the company is organized under a statute governing entities that provide financial or managerial assistance to enterprises doing business, or proposing to do business, in that State if-- ``(i) the organizational documents of the company state that the activities of the company are limited to the promotion of economic, business, or industrial development in the State through the provision of financial or managerial assistance to enterprises doing business, or proposing to do business, in that State, and such other activities that are incidental or necessary to carry out that purpose; ``(ii) immediately following each sale of the securities of the company by the company or any underwriter for the company, not less than 80 percent of the securities of the company being offered in such sale, on a class-by-class basis, are held by persons who reside or have a substantial business presence in that State; ``(iii) the securities of the company are sold, or proposed to be sold, by the company or any underwriter for the company, solely to accredited investors, as defined in section 2(15) of the Securities Act of 1933, or to such other persons that the Commission, as necessary or appropriate in the public interest and consistent with the protection of investors, may permit by rule, regulation, or order; and ``(iv) the company does not purchase any security issued by an investment company, as defined in section 3, or by any company that would be an investment company except for the exclusions from the definition of investment company in section 3(c), other than-- ``(I) any security that is rated investment grade by at least 1 nationally recognized statistical rating organization; or ``(II) any security issued by a registered open-end investment company that is required by its investment policies to invest not less than 65 percent of its total assets in securities described in subclause (I) or securities that are determined by such registered open-end investment company to be comparable in quality to securities described in subclause (I). ``(B) Notwithstanding the exemption provided by this paragraph, the provisions of section 9 (and, to the extent necessary to enforce such provisions, sections 38 through 51) of this title shall apply to a company described in this paragraph as if the company were an investment company registered under this title. ``(C) Any company proposing to rely on the exemption provided by this paragraph shall file with the Commission a notification stating that the company intends to do so, in such form and manner as the Commission may prescribe by rule. ``(D) Any company meeting the requirements of this paragraph may rely on the exemption provided by this paragraph upon filing with the Commission the notification required by subparagraph (C), until such time as the Commission determines by order that such reliance is not in the public interest or consistent with the protection of investors. ``(E) The exemption provided by this paragraph may be subject to such additional terms and conditions as the Commission may by rule, regulation, or order determine are necessary or appropriate in the public interest or for the protection of investors.''. SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION. Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(d)(1)) is amended by striking ``$100,000'' and inserting ``$10,000,000, or such other amount as the Commission may set by rule, regulation, or order''. SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY. Section 2(a)(46)(C) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(46)(C)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: ``(iii) it has total assets of not more than $4,000,000, and capital and surplus (shareholders' equity less retained earnings) of not more than $2,000,000, except that the Commission may adjust such amounts by rule, regulation, or order to reflect changes in 1 or more generally accepted indices or other indicators for small businesses; or''. SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY. Section 2(a)(48)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at the end the following: ``, and provided further that a business development company need not make available significant managerial assistance with respect to any company described in section 2(a)(46)(C)(iii), or with respect to any other company that meets such criteria as the Commission may by rule, regulation, or order permit, as consistent with the public interest, the protection of investors, and the purposes fairly intended by the policy and provisions of this title''. SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES. Section 55(a)(1)(A) of the Investment Company Act of 1940 (15 U.S.C. 80a-54(a)(1)(A)) is amended-- (1) by striking ``or from any person'' and inserting ``from any person''; and (2) by inserting before the semicolon ``, or from any other person, subject to such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors''. SEC. 11. CAPITAL STRUCTURE AMENDMENTS. Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 60(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) applicable to business development companies shall be 200 percent. ``(B) Notwithstanding subparagraph (A) of this section or subparagraphs (A) and (B) of section 18(a)(2), a business development company may have an asset coverage of not less than 110 percent, if, immediately before the issuance or sale of senior securities, the business development company has-- ``(i) total interest and dividend income for the 12 months preceding such issuance or sale that exceeds 120 percent of the sum of its total expenses (including taxes and interest expenses accrued) and dividends declared on senior securities for that 12-month period; and ``(ii) either-- ``(I) an average of not less than 50 percent of its assets invested in securities described in paragraphs (1) through (5) of section 55(a) throughout the preceding 12-month period; or ``(II) not less than 50 percent of its assets invested in securities described in paragraphs (1) through (5) of section 55(a) throughout 10 months of the preceding 12-month period. ``(C) It shall be unlawful for any business development company to issue any class of senior security representing indebtedness, or to sell any such security pursuant to subparagraph (B), unless provision is made to prohibit the declaration of any dividend (except a dividend payable in stock of the issuer), or the declaration of any other distribution upon any class of the capital stock of such business development company, or the purchase of any such capital stock, unless, in every such case-- ``(i) the class of senior securities has, at the time of the declaration of any such dividend or distribution or at the time of any such purchase, an asset coverage of not less than 110 percent after deducting the amount of such dividend, distribution, or purchase price, as the case may be; and ``(ii) the business development company complies with subparagraph (B)(i), except with respect to any amounts that are required to be distributed to maintain the status of the company as a regulated investment company under the Internal Revenue Code of 1986. ``(D) It shall be unlawful for any business development company to issue any class of senior security representing stock, or to sell any such security pursuant to subparagraph (B), unless provision is made to prohibit the declaration of any dividend (except a dividend payable in common stock of the issuer), or the declaration of any other distribution, upon the common stock of such business development company, or the purchase of any such common stock, unless, in every such case-- ``(i) the class of senior securities has, at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of not less than 110 percent after deducting the amount of such dividend, distribution, or purchase price, as the case may be; and ``(ii) the business development company complies with subparagraph (B)(i), except with respect to any amounts that are required to be distributed to maintain the status of the company as a regulated investment company under the Internal Revenue Code of 1986.''; (2) in paragraph (2), by striking ``if such business development company'' and all that follows through the end of paragraph (2) and inserting a period; (3) in paragraph (3)(A)-- (A) by striking ``senior securities representing indebtedness accompanied by''; (B) inserting ``accompanied by securities,'' after ``of such company,''; and (C) in clause (ii), by striking ``senior''; and (4) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end of clause (iv) and inserting ``; and''; and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) a business development company may issue warrants, options, or rights to subscribe to, convert to, or purchase voting securities not accompanied by securities, if-- ``(i) such warrants, options, or rights satisfy the conditions in clauses (i) and (iii) of subparagraph (A); and ``(ii) the proposal to issue such warrants, options, or rights is authorized by the shareholders or partners of such business development company, and such issuance is approved by the required majority (as defined in section 57(o)) of the directors of or general partners in such company on the basis that such issuance is in the best interests of the company and its shareholders or partners.''. SEC. 12. FILING OF WRITTEN STATEMENTS. Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-63(b)(1)) is amended by inserting ``and capital structure'' after ``portfolio''. Passed the Senate November 2, 1993. Attest: WALTER J. STEWART, Secretary. S 479 ES----2 S 479 ES----3 S 479 ES----4 S 479 ES----5	Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act. Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined are "qualified purchasers" who possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers." Sets forth conditions under which certain economic, business, and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act. Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act. Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million. Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria. Permits a business development company to: (1) acquire the securities of an eligible portfolio company from persons other than such portfolio company itself; (2) issue multiple classes of debt without restriction; and (3) issue warrants, options, or rights to subscribe or convert to or purchase voting securities either alone or accompanied by debt or equity securities. Provides conditions under which a business development company may: (1) have a minimum asset coverage of 110 percent; and (2) issue or sell any class of senior security representing indebtedness. Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation through Energy Efficient Manufacturing Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would-- (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial business owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. SEC. 3. DEFINITIONS. In this Act: (1) Covered program.--The term ``covered program'' means a program to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM. (a) Establishment.--The Secretary shall establish a program, to be known as the ``Financing Energy Efficient Manufacturing Program'', under which the Secretary shall provide grants to States to establish or expand covered programs. (b) Applications.-- (1) In general.--A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) Evaluation.--The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of-- (A) the likelihood that the covered program would-- (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate Facilitation.--The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration.--A State receiving a grant under subsection (a) shall give a higher priority to covered programs that-- (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports.-- (1) In general.--Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) Data.-- (A) In general.--A State receiving a grant under this Act, in cooperation with the Secretary, shall-- (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) Department databases.--The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State Energy Offices.--Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq).	Job Creation through Energy Efficient Manufacturing Act This bill requires the Department of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid systems, and alternative vehicle fleet projects for industrial businesses. DOE must establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Grant recipients must give a higher priority to those programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Grant recipients must also collect, share, and report on data resulting from programs carried out under this bill. DOE must incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Band of Cherokee Historic Lands Reacquisition Act''. SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Lands Into Trust.--Subject to such rights of record as may be vested in third parties to rights-of-way or other easements or rights- of-record for roads, utilities, or other purposes, the following Federal lands managed by the Tennessee Valley Authority and located on or above the 820-foot (MSL) contour elevation in Monroe County, Tennessee, on the shores of Tellico Reservoir, are declared to be held in trust by the United States for the use and benefit of the Eastern Band of Cherokee Indians: (1) Sequoyah museum property.--Approximately 46.0 acres of land generally depicted as ``Sequoyah Museum'', ``Parcel 1'', and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 1'' and dated April 30, 2015. (2) Support property.--Approximately 11.9 acres of land generally depicted as ``Support Parcel'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 2'' and dated April 30, 2015. (3) Chota memorial property and tanasi memorial property.-- Approximately 18.2 acres of land generally depicted as ``Chota Memorial 1'' and ``Tanasi Memorial'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015, and including the Chota Memorial and all land within a circle with a radius of 86 feet measured from the center of the Chota Memorial without regard to the elevation of the land within the circle. (b) Property on Lands.--In addition to the land taken into trust by subsection (a), the improvements on and appurtenances thereto, including memorials, are and shall remain the property of the Eastern Band of Cherokee Indians. (c) Revised Maps.--Not later than 1 year after the date of a land transaction made pursuant to this section, the Tennessee Valley Authority, after consultation with the Eastern Band of Cherokee Indians and the Secretary of the Interior, shall submit revised maps that depict the land taken into trust under this section, including any corrections made to the maps described in this section to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. (d) Contour Elevation Clarification.--The contour elevations referred to in this Act are based on MSL Datum as established by the NGS Southeastern Supplementary Adjustment of 1936 (NGVD29). (e) Conditions.--The lands taken into trust under this section shall be subject to the conditions described in section 5. SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Permanent Easements.--The following permanent easements for land below the 820-foot (MSL) contour elevation for the following Federal lands in Monroe County, Tennessee, on the shores of Tellico Reservoir, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians: (1) Chota peninsula.--Approximately 8.5 acres of land generally depicted as ``Chota Memorial 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (2) Chota-tanasi trail.--Approximately 11.4 acres of land generally depicted as ``Chota-Tanasi Trail'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (b) Revised Maps.--Not later than 1 year after the date of a land transaction made pursuant to this section, the Tennessee Valley Authority, after consultation with the Eastern Band of Cherokee Indians and the Secretary of the Interior, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate revised maps that depict the lands subject to easements taken into trust under this section, including any corrections necessary to the maps described in this section. (c) Conditions.--The lands subject to easements taken into trust under this section shall be subject to the use rights and conditions described in section 5. SEC. 4. TRUST ADMINISTRATION AND PURPOSES. (a) Applicable Laws.--Except as described in section 5, the lands subject to this Act shall be administered under the laws and regulations generally applicable to lands and interests in lands held in trust on behalf of Indian tribes. (b) Use of Land.--Except the lands described in section 2(a)(2), the lands subject to this Act shall be used principally for memorializing and interpreting the history and culture of Indians and recreational activities, including management, operation, and conduct of programs of and for-- (1) the Sequoyah birthplace memorial and museum; (2) the memorials to Chota and Tanasi as former capitals of the Cherokees; (3) the memorial and place of reinterment for remains of the Eastern Band of Cherokee Indians and other Cherokee tribes, including those transferred to the Eastern Band of Cherokee Indians and other Cherokee tribes and those human remains and cultural items transferred by the Tennessee Valley Authority to those Cherokee tribes under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and (4) interpreting the Trail of Tears National Historic Trail. (c) Use of Support Property.--The land described in section 2(a)(2) shall be used principally for the support of lands subject to this Act and the programs offered by the Tribe relating to such lands and their purposes including-- (1) classrooms and conference rooms; (2) cultural interpretation and education programs; (3) temporary housing of guests participating in such programs or the management of the properties and programs; and (4) headquarters offices and support space for the trust properties and programs. (d) Land Use.--The principal purposes of the use of the land described in section 3(a)-- (1) paragraph (1), shall be for a recreational trail from the general vicinity of the parking lot to the area of the Chota Memorial and beyond to the southern portion of the peninsula, including interpretive signs, benches, and other compatible improvements; and (2) paragraph (2), shall be for a recreational trail between the Chota and Tanasi Memorials, including interpretive signs, benches, and other compatible improvements. SEC. 5. USE RIGHTS, CONDITIONS. (a) Flooding of Land and Roads.--The Tennessee Valley Authority may temporarily and intermittently flood the lands subject to this Act that lie below the 824-foot (MSL) contour elevation and the road access to such lands that lie below the 824-foot (MSL) contour elevation. (b) Facilities and Structures.--The Eastern Band of Cherokee Indians may construct, own, operate, and maintain-- (1) water use facilities and nonhabitable structures, facilities, and improvements not subject to serious damage if temporarily flooded on the land adjoining the Tellico Reservoir side of the lands subject to this Act that lie between the 815- foot and 820-foot (MSL) contour elevations, but only after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval; and (2) water use facilities between the 815-foot (MSL) contour elevations on the Tellico Reservoir side of the lands subject to this Act and the adjacent waters of Tellico Reservoir and in and on such waters after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval, but may not construct, own, operate, or maintain other nonhabitable structures, facilities, and improvements on such lands. (c) Ingress and Egress.--The Eastern Band of Cherokee Indians may use the lands subject to this Act and Tellico Reservoir for ingress and egress to and from such land and the waters of the Tellico Reservoir and to and from all structures, facilities, and improvements maintained in, on, or over such land or waters. (d) River Control and Development.--The use rights under this section may not be exercised so as to interfere in any way with the Tennessee Valley Authority's statutory program for river control and development. (e) TVA Authorities.--Nothing in this Act shall be construed to affect the right of the Tennessee Valley Authority to-- (1) draw down Tellico Reservoir; (2) fluctuate the water level thereof as may be necessary for its management of the Reservoir; or (3) permanently flood lands adjacent to lands subject to this Act that lie below the 815-foot (MSL) contour elevation. (f) Right of Entry.--The lands subject to this Act shall be subject to a reasonable right of entry by the personnel of the Tennessee Valley Authority and agents of the Tennessee Valley Authority operating in their official capacities as necessary for purposes of carrying out the Tennessee Valley Authority's statutory program for river control and development. (g) Entry Onto Land.--To the extent that the Tennessee Valley Authority's operations on the lands subject to this Act do not unreasonably interfere with the Eastern Band of Cherokee Indians' maintenance of an appropriate setting for the memorialization of Cherokee history or culture on the lands and its operations on the lands, the Eastern Band of Cherokee Indians shall allow the Tennessee Valley Authority to enter the lands to clear, ditch, dredge, and drain said lands and apply larvicides and chemicals thereon or to conduct bank protection work and erect structures necessary in the promotion and furtherance of public health, flood control, and navigation. (h) Loss of Hydropower Capacity.--All future development of the lands subject to this Act shall be subject to compensation to the Tennessee Valley Authority for loss of hydropower capacity as provided in the Tennessee Valley Authority Flood Control Storage Loss Guideline, unless agreed to otherwise by the Tennessee Valley Authority. (i) Protection From Liability.--The United States shall not be liable for any loss or damage resulting from-- (1) the temporary and intermittent flooding of lands subject to this Act; (2) the permanent flooding of adjacent lands as provided in this section; (3) wave action in Tellico Reservoir; or (4) fluctuation of water levels for purposes of managing Tellico Reservoir. (j) Continuing Responsibilities.--The Tennessee Valley Authority shall-- (1) retain sole and exclusive Federal responsibility and liability to fund and implement any environmental remediation requirements that are required under applicable Federal or State law for any land or interest in land to be taken into trust under this Act, as well as the assessments under paragraph (2) to identify the type and quantity of any potential hazardous substances on the lands; (2) prior to the acquisition in trust, carry out an assessment and notify the Secretary of the Interior and the Eastern Band of Cherokee Indians whether any hazardous substances were stored on the lands and, if so, whether those substances-- (A) were stored for 1 year or more on the lands; (B) were known to have been released on the lands; or (C) were known to have been disposed of on the lands; and (3) if the assessment under paragraph (2) shows that hazardous substances were stored, released, or disposed of on the lands, include in its notice under paragraph (2) to the Secretary of the Interior and the Eastern Band of Cherokee Indians-- (A) the type and quantity of such hazardous substances; (B) the time at which such storage, release, or disposal took place on the lands; and (C) a description of any remedial actions, if any, taken on the lands. SEC. 6. LANDS SUBJECT TO THE ACT. For the purposes of this Act, the term ``lands subject to this Act'' means lands and interests in lands (including easements) taken into trust for the benefit of the Eastern Band of Cherokee Indians pursuant to or under this Act. SEC. 7. GAMING PROHIBITION. No class II or class III gaming, as defined in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands subject to this Act. Passed the House of Representatives April 16, 2018. Attest: KAREN L. HAAS, Clerk.	Eastern Band Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the use and benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. The Tennessee Valley Authority (TVA) maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's consent on certain lands subject to flooding. The TVA must be compensated for lost hydropower capacity from future development of these lands. The bill prohibits the United States from being liable for loss or damage resulting from certain activities, such as the flooding of certain lands. The bill outlines TVA's continuing responsibilities. Gaming on these lands is prohibited.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arthritis Prevention, Control, and Cure Act of 2008''. SEC. 2. ENHANCING THE PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION THROUGH THE NATIONAL ARTHRITIS ACTION PLAN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following: ``SEC. 315. IMPLEMENTATION OF THE NATIONAL ARTHRITIS ACTION PROGRAM. ``(a) Establishment of Program.--The Secretary may develop and implement a National Arthritis Action Program (in this section referred to as the `Program') consistent with this section. ``(b) Control, Prevention, and Surveillance.-- ``(1) In general.--Under the Program, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through competitive grants to eligible entities, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. ``(2) Training and technical assistance.--With respect to the planning, development, and operation of any activity carried out under paragraph (1), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this subsection. ``(3) Arthritis prevention research at the centers for disease control and prevention centers.--The Secretary may provide additional grant support under this subsection to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention. ``(4) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(c) Education and Outreach.-- ``(1) In general.--Under the Program, the Secretary may coordinate and carry out national education and outreach activities, directly or through the provision of grants to eligible entities, to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. ``(2) Initiatives and strategies.--Initiatives and strategies implemented under paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. ``(3) Priority.--In carrying out paragraph (1), the Secretary-- ``(A) may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management; and ``(B) may give priority to reaching high-risk or underserved populations. ``(4) Collaboration.--In carrying out this subsection, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. ``(5) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(d) Comprehensive State Grants.-- ``(1) In general.--Under the Program, the Secretary may award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity shall be a State or Indian tribe. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that-- ``(A) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability; ``(B) is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations; ``(C) describes the arthritis-related services and activities to be undertaken or supported by the entity; and ``(D) demonstrates the relationship the entity has with the community and local entities and how the entity plans to involve such community and local entities in carrying out the activities described in paragraph (1). ``(4) Use of funds.--An eligible entity may use amounts received under a grant awarded under this subsection to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under paragraph (3)-- ``(A) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care; ``(B) public information and education programs; and ``(C) education, training, and clinical skills improvement activities for health professionals, including allied health personnel. ``(e) General Application.--To be eligible to receive a grant under this section, except under subsection (d), an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will supplement or fulfill unmet needs identified in a comprehensive arthritis control and prevention plan of the entity. ``(f) Definitions.--For purposes of this section: ``(1) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``(2) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for fiscal year 2009, $32,000,000; ``(2) for fiscal year 2010, $34,000,000; ``(3) for fiscal year 2011, $36,000,000; ``(4) for fiscal year 2012, $38,000,000; and ``(5) for fiscal year 2013, $40,000,000.''. SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS. (a) In General.--The Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health, may expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. (b) Coordination.--The Director of the National Institutes of Health may coordinate the programs referred to in subsection (a) and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. SEC. 4. PUBLIC HEALTH AND SURVEILLANCE ACTIVITIES RELATED TO JUVENILE ARTHRITIS AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. SURVEILLANCE AND RESEARCH REGARDING JUVENILE ARTHRITIS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. ``(b) Technical Assistance.--In awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. ``(c) Coordination With NIH.--The Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. ``(d) Creation of a National Juvenile Arthritis Population-Based Database.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, may support the development of a national juvenile arthritis population-based database to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2009 through 2013.'' SEC. 5. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS. (a) Enhanced Support.-- (1) In general.--In order to ensure an adequate future supply of pediatric rheumatologists, the Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for-- (A) an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training; and (B) an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $3,750,000 for each of the fiscal years 2009 through 2013. (b) Pediatric Loan Repayment Program.-- (1) In general.--The Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall establish and, subject to the determination under paragraph (3), carry out a pediatric rheumatology loan repayment program. (2) Program administration.--Through the program established under this subsection, the Secretary shall-- (A) enter into contracts with qualified health professionals who are pediatric rheumatologists under which-- (i) such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists and that has the capacity to support pediatric rheumatology, as determined by the Secretary of Health and Human Services; and (ii) the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals; and (B) in addition to making payments under paragraph (1) on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. (3) Determination of shortage areas.--For purposes of this subsection, an area shall be determined to be an area with a shortage of pediatric rheumatologists based on the ratio of the number of children who reside in such area who are in need of services of a pediatric rheumatologist to the number of pediatric rheumatologists who furnish services within 100 miles of the area. (4) Periodic assessments.-- (A) In general.--The Secretary of Health and Human Services shall periodically assess-- (i) the extent to which the loan repayment program under this section is needed; and (ii) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and the number of pediatric rheumatologists in areas with a shortage of pediatric rheumatologists. In the case that the Secretary determines, pursuant to an assessment under this subparagraph, that there is no longer a need for the loan repayment program, such program shall be terminated as of a date specified by the Secretary. (B) Annual reports.--The Secretary of Health and Human Services shall annually report to Congress on the periodic assessments conducted under subparagraph (A). (5) Funding.-- (A) In general.--For the purpose of carrying out this subsection, the Secretary of Health and Human Services may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. (B) Availability of funds.--Amounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available. Passed the House of Representatives September 27, 2008. Attest: LORRAINE C. MILLER, Clerk.	Arthritis Prevention, Control, and Cure Act of 2008 - (Sec. 2) Amends the Public Health Service Act to allow the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program, which may include: (1) conducting, supporting, and promoting the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) providing training, technical assistance, supplies, equipment, or services and assigning any officer or employee of the Department of Health and Human Services (HHS) to a state or local health agency; (3) providing additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (4) carrying out national education and outreach activities to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases; and (5) awarding grants to states or Indian tribes to support comprehensive arthritis control and prevention programs and to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Allows the Secretary, in carrying out national education and outreach activities, to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (2) give priority to reaching high-risk or underserved populations. Authorizes appropriations for FY2009-FY2013. (Sec. 3) Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) concerning juvenile arthritis and related conditions. (Sec. 4) Allows the Secretary, acting through the Director of CDC, to award grants to, and enter into cooperative agreements with, public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Requires the Secretary to ensure that epidemiological and other types of information are made available to NIH. Allows the Secretary, acting through the Director of CDC, to support the development of a national juvenile arthritis population-based database to: (1) collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis; and (2) capture information on evidence-based health outcomes related to specific therapies and interventions. Authorizes appropriations for FY2009-FY2013. (Sec. 5) Requires the Secretary to support activities that provide for: (1) an increase in the number and size of institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to establish and carry out a pediatric rheumatology loan repayment program through which the Secretary shall repay student loans in exchange for service as a pediatric rheumatologist in an area with both a shortage of pediatric rheumatologists and the capacity to support pediatric rheumatology. Requires the Secretary to periodically assess: (1) the extent to which the loan repayment program is needed; and (2) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and in areas with a shortage. Terminates the program if the Secretary determines it is no longer needed.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Teen and Novice Driver Uniform Protection Act of 2010'' or the ``STANDUP Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Highway Traffic Safety Administration has reported that-- (A) motor vehicle crashes are the leading cause of death of Americans between 15 and 20 years of age; (B) in the 10-year period ending in 2007, 86,981 Americans died in motor vehicle crashes involving drivers between 15 and 20 years of age, an average of 167 deaths per week; (C) drivers between 16 and 20 years of age have a fatality rate that is 4 times higher than the rate for drivers between 25 and 70 years of age; and (D) teenage drivers who are 16 years of age have a motor vehicle crash rate that is almost 10 times higher than the crash rate for drivers between 30 and 60 years of age. (2) According to the American Automobile Association-- (A) teenage drivers comprise slightly more than \1/ 3\ of all fatalities in motor vehicle crashes in which they are involved; and (B) nearly \2/3\ of all fatalities in those crashes are other drivers, passengers, and pedestrians. (3) According to the Insurance Institute for Highway Safety, the chance of a crash by a 16- or 17-year-old driver is doubled if there are 2 peers in the vehicle and quadrupled if there are 3 or more peers in the vehicle. (4) According to the National Highway Traffic Safety Administration, the cognitive distraction caused by hands-free and hand-held cellular phones is significant enough to degrade a driver's performance, particularly teenage drivers between 15 and 20 years of age. (5) Although only 20 percent of driving by teenage drivers occurs at night, more than 50 percent of the motor vehicle crash fatalities involving teenage drivers occur at night. (6) According to the Insurance Institute for Highway Safety, in 1997, the first full year of Florida's graduated driver licensing system, the number of fatal and injurious crashes among teenage drivers between 15 and 18 years of age was 9 percent lower than in 1995. (7) The Journal of the American Medical Association reports that crashes involving 16-year-old drivers decreased between 1995 and 1999 by 25 percent in Michigan and by 27 percent in North Carolina. Comprehensive graduated driver licensing systems were implemented in 1997 in these States. (8) According to the Automobile Club of Southern California, between 1998 and 2000, the first 3 years of California's graduated driver licensing program-- (A) teenage passenger deaths and injuries resulting from crashes in California involving 16-year-old drivers declined by 40 percent; and (B) the number of at-fault collisions in California involving 16-year-old drivers declined by 24 percent. (9) The National Transportation Safety Board reports that-- (A) more than 40 States and the District of Columbia have implemented 3-stage graduated driver licensing systems; and (B) many States have not yet implemented other basic safety features of graduated driver licensing laws to protect the lives of teenage and novice drivers. (10) A 2001 Harris Poll indicates that-- (A) 95 percent of Americans support a requirement of 30 to 50 hours of practice driving with and adult; (B) 92 percent of Americans support a 6-month learner's permit period; and (C) 74 percent of Americans support limiting the number of teenage passengers in a car with a teenage driver and supervised driving during high-risk driving periods, such as night. SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS. (a) Minimum Requirements.-- (1) In general.--A State is in compliance with this section if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver's license. (2) Licensing process.--A State is in compliance with the 2-stage licensing process described in this paragraph if the State's driver's license laws include-- (A) a learner's permit stage that-- (i) commences at 16 years of age or older; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; (iv) prohibits driving at night; and (v) remains in effect until-- (I) the commencement of the intermediate stage; or (II) the driver reaches 18 years of age; (B) an intermediate stage that-- (i) commences immediately after the expiration of the learner's permit stage; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; (iv) prohibits driving at night; (v) prohibits the driver from operating a motor vehicle with more than 1 non-familial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and (vi) remains in effect until the driver reaches 18 years of age; and (C) any other requirement that the Secretary of Transportation may require, including-- (i) in the learner's permit stage-- (I) at least 40 hours of behind- the-wheel training with a licensed driver who is at least 21 years of age; (II) a driver training course; and (III) a requirement that any such driver be accompanied and supervised by a licensed driver who is at least 21 years of age at all times while such driver is operating a motor vehicle; and (ii) in the learner's permit or intermediate stage, a requirement that, in addition to any other penalties imposed by State law, the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit or intermediate stage, is convicted of a driving-related offense, such as-- (I) driving while intoxicated; (II) misrepresentation of his or her true age; (III) reckless driving; (IV) driving without wearing a seat belt; (V) speeding; or (VI) any other driving-related offense, as determined by the Secretary. (b) Rulemaking.--The Secretary of Transportation shall promulgate regulations necessary to implement this section in accordance with the notice and comment provisions under section 553 of title 5, United States. SEC. 4. INCENTIVE GRANTS. (a) In General.--For each of the first 3 fiscal years beginning after the date of enactment of this Act, the Secretary of Transportation shall award a grant to any State that submits an application under subsection (b) if that State is in compliance with section 3(a) on or before the first day of that fiscal year. (b) Application.-- (1) In general.--Any State desiring a grant under this section shall submit an application to the Secretary of Transportation at such time, in such manner, and containing such information as the Secretary may require, including a certification by the Governor of the State that the State is in compliance with section 3(a). (2) Review.--The Secretary shall review each State application and determine whether or not the State is in compliance with section 3(a). (c) Grants.--Amounts appropriated to carry out this section for each fiscal year shall be apportioned to each State that is in compliance with section 3(a) in an amount determined by multiplying-- (1) the amount appropriated to carry out this section for such fiscal year; by (2) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section. (d) Use of Funds.--Amounts received by a State from a grant awarded under this section may be used for-- (1) enforcing a 2-stage licensing process that complies with section 3(a)(2); (2) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1); (3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; and (4) carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process. (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section during each fiscal year described in subsection (a). SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. (a) In General.-- (1) Fourth fiscal year.--During the fourth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if the State is not in compliance with section 3(a) on the first day of such fiscal year. (2) Fifth fiscal year.--During the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 5 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (3) Sixth and subsequent fiscal years.--During each fiscal year after the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 10 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (b) Period of Availability of Withheld Funds.-- (1) Funds withheld during or before the sixth fiscal year.--Any amount withheld from any State under subsection (a) on or before the last day of the sixth fiscal year beginning after the date of the enactment of this Act, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated. (2) Funds withheld after the sixth fiscal year.--Any amount withheld under subsection (a)(2) from any State after the end of the sixth fiscal year beginning after the date of the enactment of this Act, may not be distributed to the State. (c) Apportionment of Withheld Funds After Compliance.-- (1) In general.--If, before the last day of the period for which funds withheld under subsection (a) remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary of Transportation shall, on the first day on which the Secretary determines the State has come into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State. (2) Period of availability of subsequently apportioned funds.--Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year following the year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall revert back to the Treasury of the United States. (3) Effect of noncompliance.--If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall revert back to the Treasury of the United States.	Safe Teen and Novice Driver Uniform Protection Act of 2010 or the STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license. Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require. Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Utilization, Investment, and Local Development Act of 2013'' or the ``BUILD Act''. SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (9) and (10) through (12) as paragraphs (5) through (10) and (13) through (15), respectively; (2) in paragraph (3)(A), by striking ``subject to paragraphs (4) and (5)'' and inserting ``subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)).''. SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be remediated'' and inserting ``$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site''. SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE. Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(i) In general.--The Administrator''; and (2) by inserting after clause (i) (as added by paragraph (1)) the following: ``(ii) Small community recipients.--In carrying out the program under clause (i), the Administrator shall give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 individuals, as determined by the latest available decennial census.''. SEC. 8. WATERFRONT BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended by inserting after paragraph (10) (as redesignated by section 3(1)) the following: ``(11) Waterfront brownfield sites.-- ``(A) Definition of waterfront brownfield site.--In this paragraph, the term `waterfront brownfield site' means a brownfield site that is adjacent to a body of water or a federally designated floodplain. ``(B) Requirements.--In providing grants under this subsection, the Administrator shall-- ``(i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site; and ``(ii) give consideration to waterfront brownfield sites.''. SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended by section 8) is amended by inserting after paragraph (11) the following: ``(12) Clean energy projects at brownfield sites.-- ``(A) Definition of clean energy project.--In this paragraph, the term `clean energy project' means-- ``(i) a facility that generates renewable electricity from wind, solar, or geothermal energy; and ``(ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy. ``(B) Establishment.--The Administrator shall establish a program to provide grants-- ``(i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and ``(ii) to capitalize a revolving loan fund for the purposes described in clause (i). ``(C) Maximum amount.--A grant under this paragraph shall not exceed $500,000.''. SEC. 10. TARGETED FUNDING FOR STATES. Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by adding at the end the following: ``(C) Targeted funding.--Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a).''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Brownfields Revitalization Funding.--Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by striking ``2006'' and inserting ``2016''. (b) State Response Programs.--Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2016''.	Brownfields Utilization, Investment, and Local Development Act of 2013 or the BUILD Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to include among entities eligible for brownfields revitalization funding: (1) a tax-exempt charitable organization, (2) a limited liability corporation in which all managing members are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, (3) a limited partnership in which all general partners are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, or (4) a qualified community development entity. Requires the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites in a proposed area. Revises the brownfield site characterization and assessment grant program to authorize an eligible entity that is a governmental entity to receive a grant for property acquired by such governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser as defined under such Act. Increases the maximum amount the President may give in grants and loans to eligible entities for brownfield remediation. Repeals prohibitions on giving grants and loans for brownfields revitalization for administrative costs and the cost of complying with federal law. Excludes from the meaning of "administrative costs" costs for investigating and identifying the extent of the contamination, designing and performing a response action, or monitoring a natural resource. Requires the Administrator to give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 in providing assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. Requires the Administrator, in giving grants for brownfields revitalization, to give consideration to waterfront brownfield sites. Requires the Administrator to establish a program to provide grants to: (1) carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at brownfield sites; and (2) capitalize a revolving loan fund for such purposes. Authorizes the Administrator to provide grants for state response programs. Extends the authorizations of appropriations for brownfields revitalization funding and state response programs.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution for the Exonerated Act of 2009''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Exoneree Services Grants Authorized.--The Attorney General may award grants to eligible organizations to carry out programs that provide support services to exonerees. (b) Grant Period; Renewability.--A grant awarded under this section shall be for a period of one year, and may be renewed for subsequent one-year periods as the Attorney General determines to be appropriate. (c) Supplemental Funds.--The Attorney General may provide to an eligible organization awarded funds under a grant under subsection (a) for a period described in subsection (b), additional funds under such grant during such period if the Attorney General determines that the organization has need for such additional funds, such as in the case that the number of exonerees entering the population served by such organization is greater than such number expected by the organization. SEC. 3. GRANT USES. (a) Activities.--A grant awarded under this Act to an eligible organization shall be used only-- (1) to carry out a program that provides and coordinates the delivery of support services for exonerees, including-- (A) employment training; (B) vocational training; (C) education; (D) health care services; (E) mental health services; (F) housing assistance; (G) substance abuse training; (H) legal assistance; (I) children and family support; and (J) other appropriate services, as determined by the Attorney General; and (2) for administrative expenses necessary to carry out the program described in paragraph (1), including staff salaries and training. (b) Limitations.--A grant awarded under this Act may not be used to provide support services-- (1) to an exoneree who has not demonstrated financial need for such services; or (2) for a period of more than 24 months for any exoneree. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, an eligible organization shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. Such application shall-- (1) describe the program to be funded by the grant, and the need for such program; (2) describe a long-term strategy and detailed implementation for such program; (3) identify the governmental and community agencies with which the program will collaborate, and that the program will utilize to enhance exoneree services; and (4) describe the methodology and outcome measures that will be used to evaluate the effectiveness of such program. (b) Application Deadlines.--The Attorney General shall solicit and review applications for grants under this Act at least once during each 6-month period. (c) Priority Based on Need.--In awarding grants under this Act, the Attorney General shall give priority to eligible organizations that serve geographic regions that have the greatest need for exoneree support services, as determined by the Attorney General. SEC. 5. REPORTS. For each year in which an eligible organization receives a grant under this Act, the eligible organization shall submit a report to the Attorney General that describes the program carried out by the organization with such grant, and evaluates the effectiveness of such program during such year. SEC. 6. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means any nonprofit organization that-- (A) has experience and expertise in coordinating and delivering support services specific to the needs of exonerees; or (B) demonstrates the capacity to effectively coordinate and deliver such support services, as determined by the Attorney General. (2) Exoneree.--The term ``exoneree'' means an individual who-- (A) has been convicted by a Federal or State court of an offense that is punishable by a term of imprisonment that is equal to or greater than one year; (B) has served a term of imprisonment of at least 6 months in a Federal or State prison or other correctional facility as a result of such conviction; and (C) has been determined to be factually innocent of such offense. (3) Factually innocent.--The term ``factually innocent'' means, with respect to an individual who has been convicted of an offense described in paragraph (2)(A), one or more of the following has occurred: (A) A court has issued a factual finding of innocence. (B) The Governor of the State in which the individual was convicted or the President, as applicable, has issued a pardon based on the facts of the offense for which the individual was convicted. (C) A court has vacated or reversed the conviction based on legal insufficiency of the evidence or other factual finding of actual innocence, and the Federal, State, or local government has dismissed the accusatory instrument. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of the fiscal years 2010 through 2014. Amounts authorized under this section shall remain available until expended.	Restitution for the Exonerated Act of 2009 - Authorizes the Attorney General to award grants and supplemental funds to nonprofit organizations to be used only to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Prohibits services for exonerees who have not demonstrated financial need or for a period of more than 24 months. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime.
SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In recent years it has become clear that programs funded by the Edward Byrne Memorial Justice Assistance Grant program (Byrne Grants) have perpetuated racial disparities, corruption in law enforcement, and the commission of civil rights abuses across the country. This is especially the case when it comes to the program's funding of hundreds of regional antidrug task forces. The grants for these antidrug task forces have been dispensed to State governments with very little Federal oversight and have been prone to misuse and corruption. (2) Numerous Government Accountability Office reports have found that the United States Justice Department has inadequately monitored Byrne discretionary grants. A 2001 General Accounting Office report found that a third of the grants did not contain required monitoring plans. 70 percent of grant files did not contain required progress reports. 41 percent did not contain financial reports covering the full grant period. A 2002 report by the Heritage Foundation reported that ``there is virtually no evidence'' that Byrne grants have been successful in reducing crime and that the program lacks ``adequate measures of performance''. (3) A 2002 report by the American Civil Liberties Union of Texas identified 17 recent scandals involving Byrne-funded antidrug task forces in Texas, including cases of the falsification of Government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other States include the misuse of millions of dollars in Byrne grant money in Kentucky and Massachusetts, wrongful convictions based on police perjury in Missouri, and negotiations with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin. (4) The most well-known Byrne-funded task force scandal occurred in Tulia, Texas, where dozens of African American residents (totaling over 16 percent of the town's African American population) were arrested, prosecuted, and sentenced to decades in prison, based solely on the uncorroborated testimony of one undercover officer whose background included past allegations of misconduct, sexual harassment, unpaid debts, and habitual use of a racial epithet. The undercover officer was allowed to work alone, and not required to provide audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Despite the lack of physical evidence or corroboration, the charges were vigorously prosecuted. After the first few trials resulted in convictions and lengthy sentences, many defendants accepted plea bargains. Suspicions regarding the legitimacy of the charges eventually arose after two of the accused defendants were able to produce convincing alibi evidence to prove that they were out of State or at work at the time of the alleged drug purchases. Texas Governor Rick Perry eventually pardoned the Tulia defendants (after four years of imprisonment), but these kinds of scandals continue to plague Byrne grant program spending. (5) A case arose in a Federal court in Waco, Texas concerning the wrongful arrest of 28 African Americans out of 4,500 other residents of Hearne, Texas. In November 2000, these individuals were arrested on charges of possession or distribution of crack cocaine, and they subsequently filed a case against the county government. On May 11, 2005, a magistrate judge found sufficient evidence that a Byrne-funded anti-drug task force had routinely targeted African Americans to hold the county liable for the harm suffered by the plaintiffs. Plaintiffs in that lawsuit alleged that for the past 15 years, based on the uncorroborated tales of informants, task force members annually raided the African American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and prosecution of innocent citizens without cause. On the eve of trial the counties involved in the Hearne task force scandal settled the case, agreeing to pay financial damages to the plaintiffs. (6) Byrne grant-related scandals have grown so prolific that the Texas legislature has passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit drug offense convictions based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report in 2004 recommending that all of the State's federally funded antidrug task forces be abolished because they are inherently prone to corruption. The Committee reported, ``Continuing to sanction task force operations as stand-alone law enforcement entities--with widespread authority to operate at will across multiple jurisdictional lines--should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction.'' Most recently the Texas legislature passed a law that ends the ability of a narcotics task force to operate as an entity with no clear accountability. The legislation transfers authority for multicounty drug task forces to the Department of Public Safety and channels one- quarter of asset forfeiture proceeds received by the task forces to a special fund to support drug abuse prevention programs, drug treatment and other programs designed to reduce drug use in the county where the assets are seized. (7) Texas's ``corroboration'' law was passed thanks to a coalition of Christian conservatives and civil rights activists. As one Texas preacher related, requiring corroboration ``puts a protective hedge around the ninth commandment, `You shall not bear false witness against your neighbor.' As long as people bear false witness against their neighbors, this Biblical law will not be outdated.'' (8) During floor debate, conservative Texas legislators pointed out that Mosaic law requires corroboration: ``One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.'' Deuteronomy 19:15. Jesus concurred with the corroboration rule: ``If thy brother shall trespass against thee, go and tell him his fault between thee and him alone. . . . But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.'' Matthew 18:15-16. (9) Texas's ``corroboration'' law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. This new scrutiny led to the uncovering of massive corruption and civil rights abuse by the Dallas police force. In what became known nationally as the ``Sheetrock'' scandal, Dallas police officers and undercover informants were found to have set up dozens of innocent people, mostly Mexican immigrants, by planting fake drugs on them consisting of chalk-like material used in Sheetrock and other brands of wallboard. The revelations led to the dismissal of over 40 cases (although some of those arrested were already deported). In April 2005, a former Dallas narcotics detective was sentenced to 5 years in prison for his role in the scheme. Charges against others are pending. (10) Many regional antidrug task forces receive up to 75 percent of their funding from the Byrne grant program. As such, the United States Government is accountable for corruption and civil rights abuses inherent in their operation. It is the sense of Congress that Byrne grants should be prohibited for States that do not exercise effective control over these task forces. At a bare minimum, no State that fails to prohibit criminal convictions based solely on the testimony of a law enforcement officer or informants should receive a Byrne grant. Corroborative evidence (video or audio tape, drugs, and money, etc.) should always be required for such convictions to be sustained. SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE. (a) Limitation.--For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State-- (1) does not fund any drug task forces for that fiscal year; or (2) has in effect throughout the State laws that ensure-- (A) a person is not convicted of a drug offense unless the fact that a drug offense was committed, and the fact that the person committed that offense, are each supported by evidence other than the eyewitness testimony of a law enforcement officer or individuals acting on behalf of law enforcement officers; and (B) a law enforcement officer does not participate in a drug task force unless the honesty and integrity of that officer is evaluated and found to be at an appropriately high level. (b) Regulations.--The Attorney General shall prescribe regulations to carry out subsection (a). (c) Reallocation.--Amounts not allocated by reason of subsection (a) shall be reallocated to States not disqualified by failure to comply with subsection (a). SEC. 4. COLLECTION OF DATA. (a) In General.--A State recipient of funds under section 3(a)(2) shall collect data, for the last year funds were allocated, as to the-- (1) racial distribution of charges made during that year; (2) nature of the criminal law specified in the charges made; and (3) city or law enforcement jurisdiction in which the charge was made. (b) Report.--The data collected under subsection (a) shall be reported to Congress within 180 days prior to the award of funds for each fiscal year of eligibility to receive grants.	No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005 - Prohibits a state from receiving for a fiscal year any drug control and system improvement (Byrne) grant funds under the Omnibus Crime Control and Safe Streets Act of 1968, or any amount from any other law enforcement assistance program of the Department of Justice, unless the state does not fund any drug task forces for that fiscal year or the State has in effect laws that ensure that: (1) a person is not convicted of a drug offense unless the facts that a drug offense was committed and that the person committed that offense are supported by evidence other than the eyewitness testimony of a law enforcement officer (officer) or individuals acting on an officer's behalf; and (2) an officer does not participate in a drug task force unless that officer's honesty and integrity is evaluated and found to be at an appropriately high level. Provides for reallocation of sums not allocated by reason of this provision to states not so disqualified. Requires state recipients of funds to collect data for the last year funds were allocated regarding: (1) the racial distribution of charges made during that year; (2) the nature of the criminal law specified in the charges; and (3) the city or law enforcement jurisdiction in which the charge was made.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Puerco Watershed Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) over time, extensive ecological changes have occurred in the Rio Puerco watershed, including-- (A) erosion of agricultural and range lands; (B) impairment of waters due to heavy sedimentation; (C) reduced productivity of renewable resources; (D) loss of biological diversity; (E) loss of functioning riparian areas; and (F) loss of available surface water; (2) damage to the watershed has seriously affected the economic and cultural well-being of its inhabitants, including-- (A) loss of existing communities that were based on the land and were self-sustaining; and (B) adverse effects on the traditions, customs, and cultures of the affected communities; (3) a healthy and sustainable ecosystem is essential to the long-term economic and cultural viability of the region; (4) the impairment of the Rio Puerco watershed has damaged the ecological and economic well-being of the area below the junction of the Rio Puerco with the Rio Grande including-- (A) disruption of ecological processes; (B) water quality impairment; (C) significant reduction in the water storage capacity and life expectancy of the Elephant Butte Dam and Reservoir system due to sedimentation; (D) chronic problems of irrigation system channel maintenance; and (E) increased risk of flooding caused by sediment accumulation; (5) the Rio Puerco is a major tributary of the Rio Grande and the coordinated implementation of ecosystem-based best management practices for the Rio Puerco system could benefit the larger Rio Grande system; (6) the Rio Puerco watershed has been stressed from the loss of native vegetation, introduction of exotic species, and alteration of riparian habitat which have disrupted the original dynamics of the river and disrupted natural ecological processes; (7) the Rio Puerco watershed is a mosaic of private, Federal, tribal trust, and State land ownership with diverse, sometimes differing management objectives; (8) development, implementation, and monitoring of an effective watershed management program for the Rio Puerco watershed requires cooperation among-- (A) the Bureau of Land Management; (B) the Rio Puerco Watershed Committee; (C) the National Forest Service; (D) the Pueblos of Acoma, Isleta, Jemez, and Laguna; (E) the Eastern and Canoncito Bands of the Navajo nation; (F) the Jicarilla Apache Tribe; (G) the Bureau of Reclamation; (H) the Geological Survey; (I) the Bureau of Indian Affairs; (J) the Fish and Wildlife Service; (K) the Soil and Conservation Service; (L) the Army Corps of Engineers; (M) the National Park Service; (N) the State of New Mexico; (O) private landowners; (P) local and regional governmental entities; (Q) other interested citizens; and (R) affected local soil and water conservation districts; (9) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, in consultation with the entities listed in paragraph (7), and in cooperation with the Rio Puerco Watershed Committee, is best suited to coordinate management efforts in the Rio Puerco watershed; and (10) accelerating the pace of improvement in Rio Puerco watershed on a coordinated, cooperative basis will benefit persons living in the watershed as well as downstream users on the Rio Grande. SEC. 3. MANAGEMENT PROGRAM. (a) In General.--The Secretary of the Interior, acting through the Bureau of Land Management and in consultation with the Rio Puerco Management Committee established pursuant to section 4, shall-- (1) establish a clearinghouse for research and information on management within the Rio Puerco watershed, as described in the attached map, including-- (A) current and historical natural resource conditions; (B) data concerning the extent and causes of watershed impairment; and (C) implementation, monitoring, and evaluation of best management practices initiated within the watershed; and (2) provide support to the Rio Puerco Management Committee to identify objectives, coordinate implementation of best management practices, and monitor results. (b) Rio Puerco Management Plan.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Rio Puerco Management Committee, shall prepare a plan for the restoration of the Rio Puerco watershed. The plan shall-- (1) identify reasonable and appropriate goals and objectives for landowners and managers in the Rio Puerco watershed; (2) describe potential alternative actions to meet the goals and objectives, including proven best management practices and costs associated with implementing the actions; (3) recommend voluntary implementation of appropriate best management practices on both public and private lands; (4) provide for cooperative development of management guidelines for maintaining and improving the ecological, cultural, and economic conditions on both public and private lands; (5) provide for the development of public participation and community outreach programs that would include proposals for-- (A) cooperative efforts with private landowners to encourage implementation of best management practices within the watershed; and (B) involving private citizens in restoring the watershed; (6) provide for the development of proposals for voluntary cooperative programs among the Rio Puerco Management Committee membership to implement best management practices in a coordinated, consistent, and cost-effective manner; (7) provide for the encouragement and support implementation of best management practices on private lands; and (8) provide for the development of proposals for a monitoring system that-- (A) builds upon existing data available from private, Federal, and State sources; (B) provides for the coordinated collection, evaluation, and interpretation of additional data as needed or collected; and (C) will provide information to-- (i) assess existing resource and socioeconomic conditions; (ii) identify priority implementation actions; and (iii) assess the effectiveness of actions taken. (c) Additional Assistance.--If the Secretary of the Interior determines that employment of additional personnel is necessary to carry out this Act, the Secretary shall, where feasible, employ individuals who reside in the vicinity of the Rio Puerco watershed restoration area. SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE. (a) Establishment.--There is established the Rio Puerco Management Committee (referred to in this section as the ``Committee''). (b) Membership.--The Committee shall be convened by a representative of the Bureau of Land Management, and shall include representatives from-- (1) the Rio Puerco Watershed Committee; (2) affected tribes and pueblos; (3) the National Forest Service of the Department of Agriculture; (4) the Bureau of Reclamation; (5) the Geological Survey; (6) the Bureau of Indian Affairs; (7) the Fish and Wildlife Service; (8) the Army Corps of Engineers; (9) the Soil and Conservation Service of the Department of Agriculture; (10) the State of New Mexico, including the New Mexico Environment Department and the State Engineer; (11) affected local Soil and Water Conservation Districts; (12) the Elephant Butte Irrigation District; (13) private landowners; and (14) other interested citizens. (c) Duties.--The Rio Puerco Management Committee shall-- (1) advise the Secretary of the Interior, acting through the Director of the Bureau of Land Management, on the development and implementation of the Rio Puerco Management Program described in section 3; and (2) serve as a forum for information about activities that may affect or further the development and implementation of the best management practices described in section 3. SEC. 5. REPORT. Two years after the date of enactment of this Act, and biennially thereafter, the Secretary of the Interior, in consultation with the Rio Puerco Management Committee, shall transmit to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives a report containing-- (1) a summary of accomplishments as outlined in section 3; and (2) proposals for joint implementation efforts, including funding recommendations. SEC. 6. LOWER RIO GRANDE HABITAT STUDY. (a) In General.--The Secretary of the Interior, acting through the Director of the Fish and Wildlife Service shall, in cooperation with the States of New Mexico and Texas, conduct a study of the Rio Grande from Caballo Lake to the Gulf of Mexico. The study shall include-- (1) a survey of the current habitat conditions of the river and its riparian environment; (2) identification of the changes in vegetation and habitat over the past 400 years and the affect of the changes on the river and riparian area; and (3) an assessment of the feasibility, benefits, and problems associated with activities to prevent further habitat loss and restoration of habitat through reintroduction or establishment of appropriate native plant species. (b) Transmittal.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall transmit the study authorized by this section to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, and to implement the plan prepared pursuant to section 3(b).	Rio Puerco Watershed Act of 1994 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on the management of the Rio Puerco Watershed; and (2) provide support to the Rio Puerco Management Committee to identify objectives, coordinate implementation of best management practices, and monitor results concerning the watershed's management. Directs the Secretary to prepare a plan for the restoration of such watershed. Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices. Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on the Rio Grande from Caballo Lake to the Gulf of Mexico. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Dairy Farmer Preservation Act of 2003''. SEC. 2. NATIONAL COUNTER-CYCLICAL INCOME SUPPORT PROGRAM FOR DAIRY PRODUCERS. (a) Income Support for Eligible Producers.--During the period beginning on the date of the enactment of this Act and ending on September 30, 2011, the Secretary shall carry out a program to support the income of eligible producers of milk. (b) Definitions.--In this section: (1) The term ``Board'' means a Regional Dairy Board established under subsection (e). (2) The terms ``Class I milk'', ``Class II milk'', ``Class III milk'', and ``Class IV milk'' mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under an order. (3) The term ``Class I mover'' means the greater of-- (A) the Advanced Class III milk price (as determined under section 1000.50(q)(4)(i) of title 7, Code of Federal Regulations (or a successor regulation)); and (B) the Advanced Class IV milk price (as determined under section 1000.50(q)(4)(ii) of title 7, Code of Federal Regulations (or a successor regulation)). (4) The term ``covered processor'' means a milk plant located in a participating State or a milk plant that, while not located in a participating State, distributes Class I milk products in a participating State. (5) The term ``District'' means a Regional Dairy District established under subsection (d). (6) The term ``eligible producer'' means an individual or entity that directly or indirectly has an interest in the production of milk in a participating State. (7) The term ``eligible production'' means the lesser of-- (A) the quantity of milk produced by an eligible producer during a month; or (B) 500,000 pounds per month. (8) The term ``marketing area'' means a marketing area subject to an order. (9) The term ``order'' means an order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or a comparable State order, as determined by the Secretary. (10) The term ``participating State'' means a State covered by subsection (c). (11) The term ``Secretary'' means the Secretary of Agriculture. (12) The term ``State'' means each of the 48 contiguous States of the United States. (13) The term ``Trust Fund'' means the National Dairy Producers Trust Fund. (c) Participating States.-- (1) Specified states.--The following States are participating States for purposes of the program authorized by this section: Alabama, Arkansas, Connecticut, Delaware, Georgia, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia. (2) Other states.--The Governor of a State not specified in paragraph (1) may designate the State as a participating State by providing notice to the Secretary in the manner prescribed by the Secretary. (3) Withdrawal.--To withdraw a State from participation in the program, the Governor of the State (with the concurrence of the legislature of the State) shall provide written notice to the Secretary of the withdrawal of the State. (4) Effective date of withdrawal.--The withdrawal of a State from participation in the program takes effect-- (A) in the case of written notice provided during the 180-day period beginning on the date of the enactment of this Act, on the date on which the notice is provided to the Secretary under paragraph (3); and (B) in the case of written notice provided after such period, on the date that is one year after the date on which the notice is provided to the Secretary under paragraph (3). (5) Effect of participation on eligibility for other dairy programs.--Eligible producers operating in a participating State may not receive payments under section 1502 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982), notwithstanding any contract entered into under subsection (b) of such section before the date of the enactment of this Act. Payments made under such a contract before such date shall not be recovered, but no further payments shall be made under the contract. (d) Regional Dairy Districts.--The Secretary shall establish five Regional Dairy Districts that are composed of the following participating States: (1) Northeast district.--A Northeast District consisting of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont. (2) Southern district.--A Southern District consisting of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Upper midwest district.--An Upper Midwest District consisting of the States of Illinois, Indiana, Iowa, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin. (4) Intermountain district.--An Intermountain District consisting of the States of Arizona, Colorado, Idaho, Montana, Nevada, Utah, and Wyoming. (5) Pacific district.--A Pacific District consisting of the States of California, Oregon, and Washington. (e) Regional Dairy Boards.-- (1) In general.--Each District shall be administered by a Regional Dairy Board. (2) Composition.--The Board of a District shall be composed of not less than two, and not more than three, members from each participating State in the District, appointed by the Secretary from nominations submitted by the Governor of the State. (3) Nominations.--The Governor of a participating State shall nominate at least five residents of the State to serve on the Board, of which-- (A) at least one nominee shall be an eligible producer at the time of nomination; and (B) at least one nominee shall be a consumer representative. (f) National Dairy Producers Trust Fund.-- (1) Establishment and funding.--There is established in the Treasury of the United States a trust fund to be known as the National Dairy Producers Trust Fund, which shall consist of-- (A) the payments received by the Secretary and deposited in the Trust Fund under subsection (g); and (B) the payments made by the Secretary to the Trust Fund under subsection (h). (2) Expenditures.--Amounts in the Trust Fund shall be available to the Secretary, to the extent provided for in advance in an appropriations Act, to carry out this section. (g) Payments From Covered Processors to Trust Fund.-- (1) Payments required.--During any month for which the Class I mover is less than $14.25, each covered processor that purchases Class I milk during the month that will be sold in a participating State shall pay to the Secretary for deposit in the Trust Fund an amount obtained by multiplying-- (A) the difference between $14.25 per hundredweight and the Class I mover; by (B) the quantity of Class I milk purchased from eligible producers during the month. (2) Compensatory payments.--The Secretary shall promulgate regulations requiring persons who sell Class I milk into a participating State to make compensatory payments into the Trust Fund with respect to all such milk to the extent necessary to equalize the cost of milk purchased by persons subject to paragraph (1). In no case may a compensatory payment be required on Class I milk on which a payment has been made under paragraph (1). (h) Counter-Cyclical Payments From Secretary to Trust Fund.--If the average price for Class III milk during a month is less than $13.25 per hundredweight, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation (in such amounts as may be necessary) to make a payment each month to the Trust Fund in an amount determined by multiplying-- (1) 25 percent of the difference between $13.25 per hundredweight and the weighted average of the price received by producers in each participating State for Class III milk during the month, as determined by the Secretary; by (2) the quantity of eligible production of Class II, Class III, and Class IV milk produced in the various participating States during the month, as determined by the Secretary. (i) Compensation From Trust Fund for Administrative and Increased Food Assistance Costs.--The Secretary shall use amounts in the Trust Fund to provide compensation-- (1) to the Secretary for administrative costs incurred by the Secretary and Boards in carrying out this section; (2) to the Secretary to cover the increased cost of any milk and milk products provided under any food assistance program administered by the Secretary that results from carrying out this section; and (3) to each State for the increased costs incurred by the State of any milk or milk products provided under the Special Supplemental Nutrition Program for Women, Infants, and Children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that results from carrying out this section (j) Payments From Trust Fund to Boards.-- (1) In general.--The Secretary shall use any amounts in the Trust Fund that remain after providing the compensation required under subsection (i) to make monthly payments to Boards. (2) Amount.--The amount of a payment made to a Board of a District for a month under paragraph (1) shall bear the same ratio to payments made to all Boards for the month as the eligible production in the District during the month bears to eligible production sold in all Districts. (k) Payments by Boards to Producers.-- (1) In general.--With the approval of the Secretary, a Board of a District shall use payments received under subsection (j) to make payments to eligible producers for eligible production of milk that is produced in a participating State in the District. (2) Limitation.--An eligible producer may not receive payments under this subsection on production in excess of 500,000 pounds of milk per month (3) Supply management.--In carrying out paragraph (1), a Board of a District may-- (A) use a portion of the payments described in paragraph (1) to provide bonuses or other incentives to eligible producers for eligible production to manage the supply of milk produced in the District; and (B) request the Secretary to review a proposed action under subparagraph (A). (4) Reimbursement of commodity credit corporation.-- (A) In general.--If the Secretary determines that the Commodity Credit Corporation has incurred additional costs in a fiscal year to carry out section 1501 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981) as a result of overproduction of milk in a District due solely to the operation of this section in that District, the Secretary shall require the Board of that District to reimburse the Commodity Credit Corporation for the additional costs. The amount of any reimbursement by a Board under this subparagraph is limited to the amount that would otherwise be available to the Board to make payments to producers under subsection (j). (B) Board assessment.--The Board of the District may impose an assessment on producers within participating States in the District to compensate the Commodity Credit Corporation for the additional costs.	Family Dairy Farmer Preservation Act of 2003 - Directs the Secretary of Agriculture to carry out counter-cyclical income support programs for dairy producers in participating States through September 30, 2011. Limits individual or entity payments to 550,000 pounds of milk per month.Sets forth the following participating States: (1) Alabama; (2) Arkansas; (3) Connecticut; (4) Delaware; (5) Georgia; (6) Kansas; (7) Kentucky; (8) Louisiana; (9) Maine; (10) Maryland; (11) Massachusetts; (12) Mississippi; (13) Missouri, (14) New Hampshire; (15) New Jersey; (16) New York; (17) North Carolina; (18) Oklahoma; (19) Pennsylvania; (20) Rhode Island; (21) South Carolina; (22) Tennessee; (23) Vermont; (24) Virginia; and (25) West Virginia. Provides that the Governor of another State may designate the State as a participating State by notifying the Secretary.Makes participating producers ineligible for national dairy market loss payments.Directs the Secretary to establish five Regional Dairy Districts, each of which to be administered by a Regional Dairy Board.Establishes in the Treasury a National Dairy Producers Trust Fund, to be funded by specified processor payments and counter-cyclical payments from the Secretary.States that if the Secretary determines that the Commodity Credit Corporation has incurred additional milk price support costs as a result of overproduction in a District due solely to the operation of the counter-cyclical income support program, the Board of that District shall reimburse the Commodity Credit Corporation for such costs.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Advisory Committee Act Amendments of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring independent advice and expertise. Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure. Sec. 4. Increasing transparency of advisory committees. Sec. 5. Comptroller General review and reports. Sec. 6. Application of Federal Advisory Committee Act to Trade Advisory Committees. Sec. 7. Definitions. Sec. 8. Effective date. SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE. (a) Bar on Political Litmus Tests.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) in the section heading by inserting ``membership;'' after ``advisory committees;''; (2) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and (3) by inserting after subsection (a) the following: ``(b) Appointments Made Without Regard to Political Affiliation or Activity.--All appointments to advisory committees shall be made without regard to political affiliation or political activity, unless required by Federal statute.''. (b) Minimizing Conflicts of Interest.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by inserting after subsection (b) (as added by subsection (a)) the following: ``(c) Public Nominations of Committee Members.--Prior to appointing members to an advisory committee, the head of an agency shall give interested persons an opportunity to suggest potential committee members. The agency shall include a request for comments in the Federal Register notice required under subsection (a) and provide a mechanism for interested persons to comment through the official website of the agency. The agency shall consider any comments submitted under this subsection in selecting the members of an advisory committee. ``(d) Designation of Committee Members.-- ``(1) An individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the Federal Government shall be designated as-- ``(A) a special government employee, if the individual is providing advice based on the individual's expertise or experience; or ``(B) a representative, if the individual is representing the views of an entity or entities outside of the Federal Government. ``(2) An agency may not designate committee members as representatives to avoid subjecting them to Federal ethics rules and requirements. ``(3) The designated agency ethics official for each agency shall review the members of each advisory committee that reports to the agency to determine whether each member's designation is appropriate, and to redesignate members if appropriate. The designated agency ethics official shall certify to the head of the agency that such review has been made-- ``(A) following the initial appointment of members; and ``(B) at the time a committee's charter is renewed, or, in the case of a committee with an indefinite charter, every 2 years. ``(4) The head of each agency shall inform each individual appointed to an advisory committee that reports to the agency whether the individual is appointed as a special government employee or as a representative. The agency head shall provide each committee member with an explanation of the differences between special government employees and representatives and a summary of applicable ethics requirements. The agency head, acting through the designated agency ethics official, shall obtain signed and dated written confirmation from each committee member that the member received and reviewed the information required by this paragraph. ``(5) The Director of the Office of Government Ethics shall provide guidance to agencies on what to include in the summary of ethics requirements required by paragraph (4). ``(6) The head of each agency shall, to the extent practicable, develop and implement strategies to minimize the need for written determinations under section 208(b)(1) of title 18, United States Code. Strategies may include such efforts as improving outreach efforts to potential committee members and seeking public input on potential committee members.''. (c) Regulations Implementing FACA.--Section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting after ``(c)'' the following: ``The Administrator shall promulgate regulations as necessary to implement this Act.''. SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE ACT AND PUBLIC DISCLOSURE. (a) De Facto Members.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following: ``(d) Treatment of Individual as Member.--An individual who is not a full-time or permanent part-time officer or employee of the Federal Government shall be regarded as a member of a committee if the individual regularly attends and fully participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the advice or recommendations of the advisory committee.''. (b) Subcommittees.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the following: ``(a) Application.--The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee, including any subcommittee or subgroup thereof, except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. Any subcommittee or subgroup that reports to a parent committee established under section 9(a) is not required to comply with section 9(f). In this subsection, the term `subgroup' includes any working group, task force, or other entity formed for the purpose of assisting the committee or any subcommittee of the committee in its work.''. (c) Committees Created Under Contract.--Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph (C) by adding at the end the following: ``An advisory committee is considered to be established by an agency, agencies, or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency, agencies, or the President.''. (d) Advisory Committees Containing Special Government Employees.-- Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by adding at the end the following new subsection: ``(e) Special Government Employees.--Committee members appointed as special government employees shall not be considered full-time or permanent part-time officers or employees of the Federal Government for purposes of determining the applicability of this Act under section 3(2).''. SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES. (a) Information Requirement.--Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 11. DISCLOSURE OF INFORMATION.''; (2) by redesignating subsection (a) as subsection (d) and in that subsection-- (A) by inserting the following subsection heading: ``Availability of Paper Copies of Transcripts.--''; and (B) by inserting after ``duplication,'' the following: ``paper''; (3) by striking ``(b)'' and inserting ``(e) Agency Proceeding Defined.--''; and (4) by inserting before subsection (d), as redesignated by paragraph (2), the following new subsections: ``(a) In General.--With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection (b) the following information: ``(1) The charter of the advisory committee. ``(2) A description of the process used to establish and appoint the members of the advisory committee, including the following: ``(A) The process for identifying prospective members. ``(B) The process of selecting members for balance of viewpoints or expertise. ``(C) The reason each member was appointed to the committee. ``(D) A justification of the need for representative members, if any. ``(3) A list of all current members, including, for each member, the following: ``(A) The name of any person or entity that nominated the member. ``(B) Whether the member is designated as a special government employee or a representative. ``(C) In the case of a representative, the individuals or entity whose viewpoint the member represents. ``(4) A list of all members designated as special government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification. ``(5) Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee. ``(6) A summary of the process used by the advisory committee for making decisions. ``(7) Transcripts or audio or video recordings of all meetings of the committee. ``(8) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. ``(9) Notices of future meetings of the committee. ``(10) Any additional information considered relevant by the head of the agency to which the advisory committee reports. ``(b) Manner of Disclosure.-- ``(1) Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under this section available electronically on the official public internet site of the agency at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, he shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. ``(2) The head of an agency shall make available electronically, on the official public internet site of the agency, a transcript or audio or video recording of each advisory committee meeting as required by subsection (a)(6) not later than 30 calendar days after the meeting. ``(c) Provision of Information by Administrator of General Services.--The Administrator of General Services shall provide, on the official public internet site of the General Services Administration, electronic access to the information made available by each agency under this section.''. (b) Charter Filing.--Section 9(f) of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2, is amended-- (1) by striking ``with (1) the Administrator,'' and all that follows through ``, or'' and inserting ``(1) with the Administrator and''; (2) by striking ``and'' at the end of subparagraph (I); (3) by striking the period and inserting a semicolon at the end of subparagraph (J); and (4) by adding at the end the following new subparagraphs: ``(K) the authority under which the committee is established; ``(L) the estimated number of members and a description of the expertise needed to carry out the objectives of the committee; ``(M) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and ``(N) whether the committee has the authority to create subcommittees and if so, the agency official authorized to exercise such authority.''. SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS. (a) Review.--The Comptroller General of the United States shall review compliance by agencies with the Federal Advisory Committee Act, as amended by this Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. (b) Report.--The Comptroller General shall submit to the committees described in subsection (c) two reports on the results of the review, as follows: (1) The first report shall be submitted not later than one year after the date of promulgation of regulations under section 2. (2) The second report shall be submitted not later than five years after such date of promulgation of regulations. (c) Committees.--The committees described in this subsection are the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 6. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO TRADE ADVISORY COMMITTEES. Section 135(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2155) is amended by striking ``subsection (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act'' and inserting ``subsections (a) and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (d), and (e) of section 11 of the Federal Advisory Committee Act''. SEC. 7. DEFINITIONS. Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(5) The term `special Government employee' has the same meaning as in section 202(a) of title 18, United States Code.''. SEC. 8. EFFECTIVE DATE. This Act shall take effect 30 days after the date of the enactment of this Act. Passed the House of Representatives July 26, 2010. Attest: LORRAINE C. MILLER, Clerk.	Federal Advisory Committee Act Amendments of 2010 - (Sec. 2) Amends the Federal Advisory Committee Act (FACA) to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs the head of an agency, prior to appointing members to an advisory committee, to give interested persons an opportunity to suggest potential committee members. Directs the agency to: (1) include a request for comments in the required notice regarding establishment of the advisory committee; (2) provide a mechanism for interested persons to comment through the agency's official website; and (3) consider any comments submitted in selecting members. Requires an individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the federal government to be designated as: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience; or (2) a representative if the individual is representing the views of an entity or entities outside of the federal government. Prohibits an agency from designating committee members as representatives to avoid subjecting them to federal ethics rules and requirements. Requires the designated ethics official for each agency to: (1) determine whether each agency advisory committee member's designation is appropriate and to redesignate members if necessary; and (2) certify to the agency head that such determination has been made following the initial appointment of members and at the time a committee's charter is renewed (or, in the case of a committee with an indefinite charter, every two years). Directs the agency head to: (1) inform each individual appointed to an agency advisory committee about whether the individual is appointed as a special government employee or as a representative, the differences between the two, and applicable ethics requirements; and (2) obtain a signed confirmation that each member received such information. Requires the Director of the Office of Government Ethics to provide guidance to agencies on such ethics requirements. Directs the agency head to develop and implement strategies to minimize the need for written determinations regarding whether an employee's financial interest is likely to affect the integrity of the services which the government may expect from such employee. Requires the Administrator of General Services to promulgate regulations to implement FACA. (Sec. 3) Deems: (1) an individual who is not a full-time or permanent part-time officer or employee of the federal government to be a member of an advisory committee if the individual regularly attends and participates in committee meetings, even if the individual does not have the right to vote; and (2) an advisory committee to be established by an agency or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency or the President. (Sec. 4) Requires the head of an agency to which an advisory committee reports to make available on the agency's official public Internet site: (1) the committee's charter; (2) the process used to establish and appoint committee members; (3) specified information about current members, including special government employees for whom conflict of interest certifications were made; (4) information about any recusals from any meeting or other work of the committee; (5) a summary each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future meetings. Requires the Administrator to provide electronic access to such information on the General Services Administration's (GSA's) Internet site. Expands the information required to be disclosed about advisory committee charters. (Sec. 5) Requires the Comptroller General to review and report on agency compliance with FACA. (Sec. 6) Amends the Trade Act of 1974 to specify the applicability of FACA provisions to trade advisory committees.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Vision Improvement and Learning Readiness Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) Eighty percent of what children learn is acquired through the visual processing of information. (2) Visual impairment is one of the 10 most common causes of disability in America. In children, visual impairment is associated with developmental delays and the need for special education, vocational, and social services. At least 20 percent of children with learning disabilities have been found to have prominent visual information processing problems. (3) It is estimated that more than 10,000,000 children (from birth to age 10) suffer from vision problems, with one in 20 preschoolers and one in four school aged children affected. (4) It is estimated that only 14 percent of children under the age of 6 receive a comprehensive eye examination. Only one- third of all children have had an eye examination or vision screening prior to entering school. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'' may make grants to States for the purpose of-- (1) providing comprehensive eye examinations for children identified or considered at high risk of vision impairment, with priority given to school-based programs for children who are under the age of 9; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, health care practitioners, and the public, educational materials on recognizing signs of visual impairment in children, and the State's vision improvement initiatives. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to compliment existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2007.	Children's Vision Improvement and Learning Readiness Act of 2003 - Allows the Secretary of Health and Human Services to make grants to States for the purposes of: (1) providing comprehensive eye examinations for children identified as being at high risk of vision impairment, with priority to go to children under nine years old; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating educational materials with regard to the need and benefits of comprehensive eye examinations for children.Directs the Secretary to develop criteria for the collection of data related to vision assessment and the utilization of followup services.Directs the Secretary to coordinate the grant program, as appropriate, with other Federal and State programs that provide services to children. Requires a State to submit an application to the Secretary in order to receive a grant, which shall include a plan for the use of the grant.Requires a State to submit to the Secretary an annual evaluation of the operations and activities carried out under a grant.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical and health savings accounts.--No credit shall be allowed under this section for amounts paid from any Archer MSA (as defined in section 220(d)) or any health savings account (as defined in section 223(d)). ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Prescription drugs purchased by individuals who have attained social security retirement age.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) by striking section 804; and (2) in section 801(d)-- (A) by striking paragraph (2); and (B) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subclause (III) of paragraph (2)(A)(i) (as redesignated by this subsection), by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (3) in paragraph (3) (as redesignated by this subsection), by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS. Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES; EFFECTIVE DATE. (a) Regulations.--Before the expiration of the period specified in subsection (b), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202. (b) Effective Date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202 take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in subsection (a) have been promulgated.	Prescription Drug Affordability Act - Amends the Internal Revenue Code to allow a nonrefundable tax credit for 80 percent of the amount paid for a prescribed drug during the taxable year (and not compensated for by insurance or otherwise) by a taxpayer who has attained social security retirement age. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal provisions restricting the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer of prescription drugs upon application to the Secretary of Health and Human Services. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including that the drug has been approved by the Food and Drug Administration (FDA) and is not adulterated or misbranded. Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable Federal and State laws; and (2) accurate information regarding compliance with such laws is posted on the Internet site.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dividend Taxation Elimination Act of 2003''. SEC. 2. EXEMPTION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends which are otherwise includible in gross income and which are received during the taxable year by an individual. ``(b) Limitation Before 2007.--In the case of a taxable year beginning before January 1, 2007, the aggregate amount excluded under subsection (a) for any taxable year shall not exceed-- ``(1) $25,000 in the case of taxable years beginning during 2003, ``(2) $50,000 in the case of taxable years beginning during 2004, ``(3) $75,000 in the case of taxable years beginning during 2005, and ``(4) $100,000 in the case of taxable years beginning during 2006. In the case of a joint return, the preceding sentence shall be applied by doubling each amount contained therein. ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k). ``(4) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations).''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (2) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of dividends received during the taxable year which are excluded from gross income under section 116.''. (3) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (4) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (5) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.''. (6) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends received by individuals) and'' after ``For purposes of''. (7) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (8) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.	Dividend Taxation Elimination Act of 2003 - Amends the Internal Revenue Code to exclude dividends from gross income, with specified exceptions. Sets forth exclusion limitations prior to 2007.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonappropriated Fund Equity Act''. SEC. 2. CREDITABILITY OF SERVICE. (a) In General.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Subject to paragraph (2), upon application to the Office of Personnel Management, any individual who is an employee or Member on the date of the enactment of this subsection, and who has on such date 5 or more years of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit for service performed, after December 31, 1965, and before January 1, 1987, as an employee described in section 2105(c). ``(2)(A) An employee or Member may, with respect to any period of service for which such employee or Member is allowed credit under this subsection, deposit to the credit of the Fund an amount equal to the deductions from basic pay which would have been required under section 8334(a) if such service were service as an employee. ``(B) An employee or Member who makes the deposit described in subparagraph (A) shall be allowed full retirement credit for the period of service involved. ``(C) If an employee or Member does not make the deposit or makes less than the full amount of the deposit described in subparagraph (A), retirement credit shall be allowed, but the resulting annuity shall be reduced in a manner similar to the method provided under section 8339(j)(3) to make up the amount of any deposit described in the second sentence thereof. In no event shall the application of this subparagraph cause an annuity to be less than it would have been if this subsection had not been enacted. ``(D) For the purpose of survivor annuities, any deposit authorized by subparagraph (A) may also be made by a survivor of an employee or Member. ``(3) The Office shall accept the certification of the appropriate Secretary or his designee concerning the service of, and the amount of compensation received by, an employee or Member with respect to which credit is sought under this subsection. For purposes of the preceding sentence, the `appropriate Secretary' is-- ``(A) the Secretary of Defense, to the extent that service in or under the Department of Defense is involved; and ``(B) the Secretary of Transportation, to the extent that service in or under the Coast Guard is involved. ``(4) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under any retirement system for employees of a nonappropriated fund instrumentality. ``(5) An application for retirement credit under this subsection may be submitted no later than 2 years after the effective date of the regulations prescribed by the Office to carry out this subsection.''. (b) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this Act and the amendment made by subsection (a). Such regulations-- (1) shall take effect not later than 12 months after the date of the enactment of this Act; and (2) shall include provisions to provide for the application of such amendment in the case of-- (A) any employee or Member (as defined by the following sentence) who, upon separation (at the time described in paragraph (1) or (2) of subsection (c)), would otherwise be entitled to an annuity under chapter 84 of title 5, United States Code, that is partially computed under subchapter III of chapter 83 of such title; and (B) any survivor of an employee or Member described in subparagraph (A). For purposes of this subsection, the terms ``employee'', ``Member'', and ``survivor'' have the meanings set forth in section 8401 of such title 5. (c) Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of any annuity entitlement which is based on a separation from service occurring on or after the effective date of the regulations prescribed under subsection (b). (2) Limited exception for annuities based on separations occurring after date of enactment and before effective date of implementing regulations.-- (A) Recomputation requirement.--In the case of any individual-- (i) who is entitled to an annuity entitlement to which is based on a separation from service occurring after the date of the enactment of this Act and before the effective date of the regulations prescribed under subsection (b), and (ii) whose annuity would be increased by the application of section 8332(p) of title 5, United States Code (as amended by subsection (a)), the Office of Personnel Management shall, upon receipt of an appropriate application submitted before the deadline specified in section 8332(p)(5) of such title 5 (as so amended), recompute the amount of such annuity so as to take such section 8332(p) into account. In carrying out the preceding sentence, any deposit timely made shall be treated as if it had been made before the commencement date of the annuity involved. (B) No payment for any earlier periods.--Any change in an annuity resulting from a recomputation under subparagraph (A) shall be payable only with respect to amounts accruing for months beginning after the date on which the application (referred to in subparagraph (A)) is received. SEC. 3. NOTIFICATION AND ASSISTANCE. (a) Notification.--The Office of Personnel Management shall take such measures as it considers appropriate to inform individuals entitled to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)), or to have any amounts recomputed under section 2(c)(2), of their entitlement to such credit or recomputation. (b) Assistance From the Office of Personnel Management.--The Office of Personnel Management shall, on request, assist any individual referred to in subsection (a) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)) or to have any amounts recomputed under section 2(c)(2). (c) Assistance From Other Agencies.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to any service of an individual described in section 8332(p) of title 5, United States Code (as amended by section 2(a)) shall-- (1) at the request of such individual (or an appropriate survivor), furnish such information to that individual (or survivor); and (2) at the request of the Office of Personnel Management, furnish such information to the Office.	Nonappropriated Fund Equity Act - Allows a federal employee or Member of Congress who has five or more years of creditable civilian service for purposes of civil service retirement on the date of enactment of this Act to receive credit for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which all annual expenditures of the organization are used to provide the direct services referred to in subparagraph (E), except that 10 percent or less of the annual aggregate expenditures of the organization may be administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in activity for the purpose of influencing legislation, litigation on behalf of any individual referred to in subparagraph (E), voter registration, political organizing, public policy advocacy, or public policy research; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 25 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''.	Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize the use of specified community development block grant amounts provided for non-metropolitan or non-urban areas to supplant State revenues lost under a State income tax credit for contributions to certain organizations providing assistance to low-income or homeless persons.