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SECTION 1. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.--For purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the applicable amount determined under subsection (b) with respect to the eligible production of qualified energy efficient appliances produced by the taxpayer during the calendar year ending with or within the taxable year. ``(b) Applicable Amount; Eligible Production.--For purposes of subsection (a)-- ``(1) Applicable amount.--The applicable amount is-- ``(A) $50, in the case of-- ``(i) a clothes washer which is produced in 2003 with at least a 1.26 MEF (at least 1.42 MEF for washers produced after 2003 but not after 2006), or ``(ii) a refrigerator produced in 2003 which consumes at least 10 percent less kWh per year than the energy conservation standards for refrigerators promulgated by the Department of Energy effective July 1, 2001, ``(B) $100, in the case of-- ``(i) a clothes washer which is produced in 2003 with at least a 1.42 MEF (at least 1.5 MEF for washers produced after 2003 and before 2008), or ``(ii) a refrigerator produced after 2002 and before 2007 which consumes at least 15 percent less kWh per year (at least 20 percent less kWh per year for refrigerators produced in 2007) than such energy conservation standards, and ``(C) $150, in the case of a refrigerator which consumes at least 20 percent less kWh per year than such energy conservation standards and is produced after 2002 and before 2007. ``(2) Eligible production.-- ``(A) In general.--The eligible production of each category of qualified energy efficient appliances is the excess of-- ``(i) the number of appliances in such category which are produced by the taxpayer during such calendar year, over ``(ii) the average number of appliances in such category which were produced by the taxpayer during calendar years 2000, 2001, and 2002. ``(B) Categories.--For purposes of subparagraph (A), the categories are-- ``(i) clothes washers described in paragraph (1)(A)(i), ``(ii) clothes washers described in paragraph (1)(B)(i), ``(iii) refrigerators described in paragraph (1)(A)(ii), ``(iv) refrigerators described in paragraph (1)(B)(ii), and ``(v) refrigerators described in paragraph (1)(C). ``(C) Special rule for 2003 production.--For purposes of determining eligible production for calendar year 2003-- ``(i) only production after the date of enactment of this section shall be taken into account under subparagraph (A)(i), and ``(ii) the amount taken into account under subparagraph (A)(ii) shall be an amount which bears the same ratio to the amount which would (but for this subparagraph) be taken into account under subparagraph (A)(ii) as-- ``(I) the number of days in calendar year 2003 after the date of enactment of this section, bears to ``(II) 365. ``(c) Limitation on Maximum Credit.-- ``(1) In general.--The maximum amount of credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall be $60,000,000 except that not more than $30,000,000 shall be allowed for production of any combination of clothes washers produced with a 1.26 MEF (described in subsection (b)(1)(A)(i)) and refrigerators described in subsection (b)(1)(A)(ii). ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) a clothes washer described in subparagraph (A)(i) or (B)(i) of subsection (b)(1), or ``(B) a refrigerator described in subparagraph (A)(ii), (B)(ii) or (C) of subsection (b)(1). ``(2) Clothes washer.--The term `clothes washer' means a residential clothes washer, including a residential style coin operated washer. ``(3) Refrigerator.--The term `refrigerator' means an automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(4) MEF.--The term `MEF' means Modified Energy Factor (as determined by the Secretary of Energy). ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as 1 person for purposes of subsection (a). ``(f) Verification.--The taxpayer shall submit such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary to claim the credit amount under subsection (a).''. (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of energy efficient appliance credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the energy efficient appliance credit determined under section 45G may be carried to a taxable year ending before January 1, 2003.''. (c) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the energy efficient appliance credit determined under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Energy efficient appliance credit.''. (e) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2002, in taxable years ending after such date.

Amends the Internal Revenue Code to establish a limited energy efficient appliance credit for the eligible production of qualified energy efficient appliances produced by a taxpayer.

To amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fannie Mae and Freddie Mac Full Disclosure Act''. SEC. 2. REGISTRATION OF SECURITIES. (a) Fannie Mae.-- (1) Mortgage-backed securities.--Section 304(d) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(d)) is amended by striking the fourth sentence and inserting the following new sentence: ``Securities issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (2) Subordinate obligations.--Section 304(e) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(e)) is amended by striking the fourth sentence and inserting the following new sentence: ``Obligations issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (3) Securities.--Section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended-- (A) in the section header, by striking ``association''; (B) by inserting ``(a) in general.--'' after ``sec. 311.''; (C) in the second sentence, by inserting ``by the Association'' after ``issued''; and (D) by adding at the end the following new subsection: ``(b) Treatment of Corporation Securities.-- ``(1) In general.--Any stock, obligations, securities, participations, or other instruments issued or guaranteed by the corporation pursuant to this title shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the corporation to sell mortgage loans to the corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the corporation that have been issued by the corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. ``(4) Mortgage related securities.--A single class mortgage-backed security guaranteed by the corporation that has been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage- backed securities or directly by the corporation for cash shall be deemed to be a mortgage related security as defined in section 3(a) of the Securities Exchange Act of 1934.''. (b) Freddie Mac.--Subsection (g) of section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to read as follows: ``(g) Treatment of Securities.-- ``(1) In general.--Any securities issued or guaranteed by the Corporation shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.''. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the Corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the Corporation to sell mortgage loans to the Corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the Corporation that have been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities.''. (c) Regulations.--The Securities and Exchange Commission may issue any regulations as may be necessary or appropriate to carry out the purposes of this section and the amendments made by this section. (d) Effective Date.--The amendments under this section shall be made upon the expiration of the 180-day period beginning on the date of the enactment of this Act, but shall apply only with respect to fiscal years of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation that begin after the expiration of such 180- day period. SEC. 3. LIMITATION ON REGISTRATION FEES. (a) In General.--Section 6(b)(2) of the Securities Act of 1933 (15 U.S.C. 77f(b)(2)) is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of this title, no applicant, or group of affiliated applicants that do not include any investment company registered under the Investment Company Act of 1940, filing a registration statement subject to a fee shall be required in any fiscal year with respect to all registration statements filed by such applicant in such fiscal year to pay an aggregate amount in fees to the Commission pursuant to subsection (b) in excess of five percent of the target offsetting collection amount for such fiscal year. Fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.''. (b) Effective Date.--The amendment under subsection (a) shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Fannie Mae and Freddie Mac Full Disclosure Act - Amends the Federal National Mortgage Association Charter Act to declare that stock, obligations, securities, participations, or other instruments issued by the Federal National Mortgage Association (Fannie Mae) shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission (SEC) (thus subjecting such securities to SEC regulation). Amends the Federal Home Loan Mortgage Corporation Act to declare that any securities issued or guaranteed by the Federal Home Loan Mortgage Corporation (Freddie Mac) shall not be exempt securities within the meaning of SEC-administered laws (thus subjecting such securities also to SEC regulation). States that transactions involving the initial disposition by an approved seller of pooled certificates acquired by the seller from Fannie Mae or Freddie Mac upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the SEC. Defines pooled certificates as single class mortgage-backed securities guaranteed by Fannie Mae or Freddie Mac that have been issued by Fannie or Freddie directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. Amends the Securities Act of 1933 to exempt specified applicants filing a securities registration statement subject to a fee from being required to pay aggregate fees in excess of 5% of the target offsetting collection amount for the fiscal year. States that fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.

To extend the registration and reporting requirements of the Federal securities laws to certain housing-related Government-sponsored enterprises, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackstone River Valley National Historical Park Establishment Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Blackstone River Valley National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources that exemplify the industrial heritage of the Blackstone River Valley for the benefit and inspiration of future generations; (2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features (including the Blackstone River and Canal) of the region that provide an overarching context for the industrial heritage of the Blackstone River Valley; (3) to educate the public about-- (A) the nationally significant sites and districts that convey the industrial history of the Blackstone River Valley; and (B) the significance of the Blackstone River Valley to the past and present of the United States; and (4) to support and enhance the network of partners in the protection, improvement, management, and operation of related resources and facilities throughout the John H. Chafee Blackstone River Valley National Heritage Corridor. SEC. 3. DEFINITIONS. In this Act: (1) National heritage corridor.--The term ``National Heritage Corridor'' means the John H. Chafee Blackstone River Valley National Heritage Corridor. (2) Park.--The term ``Park'' means the Blackstone River Valley National Historical Park established under section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) States.--The term ``States'' means-- (A) the State of Massachusetts; and (B) the State of Rhode Island. SEC. 4. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System, to be known as the ``Blackstone River Valley National Historical Park''. (b) Historic Sites and Districts.--The Park shall include-- (1) Blackstone River State Park; and (2) the following resources, as described in Management Option 3 of the study entitled ``Blackstone River Valley Special Resource Study--Study Report 2011'': (A) Old Slater Mill National Historic Landmark District. (B) Slatersville Historic District. (C) Ashton Historic District. (D) Whitinsville Historic District. (E) Hopedale Village Historic District. (F) Blackstone River and the tributaries of Blackstone River. (G) Blackstone Canal. (c) Acquisition of Land; Park Boundary.-- (1) Land acquisition.--The Secretary may acquire land or interests in land that are considered contributing historic resources in the historic sites and districts described in subsection (b)(2) for inclusion in the Park boundary by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (2) Park boundary.--On a determination by the Secretary that a sufficient quantity of land or interests in land has been acquired to constitute a manageable park unit, the Secretary shall establish a boundary for the Park by publishing a boundary map in the Federal Register. (3) Other resources.--The Secretary may include in the Park boundary any resources that are the subject of an agreement with the States or a subdivision of the States entered into under subsection (d)(4). (4) Boundary adjustment.--On the acquisition of additional land or interests in land under paragraph (1), or on entering an agreement under paragraph (3), the boundary of the Park shall be adjusted to reflect the acquisition or agreement by publishing a Park boundary map in the Federal Register. (5) Availability of map.--The maps referred to in this subsection shall be available for public inspection in the appropriate offices of the National Park Service. (6) Administrative facilities.--The Secretary may acquire not more than 10 acres in Woonsocket, Rhode Island for the development of administrative, curatorial, maintenance, or visitor facilities for the Park. (7) Limitation.--Land owned by the States or a political subdivision of the States may be acquired under this subsection only by donation. (d) Administration.-- (1) In general.--The Secretary shall administer land within the boundary of the Park in accordance with-- (A) this section; and (B) the laws generally applicable to units of the National Park System, including-- (i) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) General management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the Park-- (i) in consultation with the States and other interested parties; and (ii) in accordance with section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)). (B) Requirements.--The plan shall consider ways to use preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor, including-- (i) the Blackstone Valley Visitor Center, Pawtucket, Rhode Island; (ii) the Captain Wilbur Kelly House, Blackstone River State Park, Lincoln, Rhode Island; (iii) the Museum of Work and Culture, Woonsocket, Rhode Island; (iv) the River Bend Farm/Blackstone River and Canal Heritage State Park, Uxbridge, Massachusetts; (v) the Worcester Blackstone Visitor Center, located at the former Washburn & Moen wire mill facility, Worcester, Massachusetts; (vi) the Route 295 Visitor Center adjacent to Blackstone River State Park; and (vii) the Blackstone River Bikeway. (3) Related sites.--The Secretary may provide technical assistance, visitor services, interpretive tours, and educational programs to sites and resources in the National Heritage Corridor that are located outside the boundary of the Park and associated with the purposes for which the Park is established. (4) Cooperative agreements.-- (A) In general.--To further the purposes of this section and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the States, political subdivisions of the States, nonprofit organizations (including Blackstone River Valley National Heritage Corridor, Inc.), and other interested parties-- (i) to provide technical assistance, interpretation, and educational programs in the historic sites and districts described in subsection (b)(2); and (ii) subject to the availability of appropriations and subparagraphs (B) and (C), to provide not more than 50 percent of the cost of any natural, historic, or cultural resource protection project in the Park that is consistent with the general management plan prepared under paragraph (2). (B) Matching requirement.--As a condition of the receipt of funds under subparagraph (A)(ii), the Secretary shall require that any Federal funds made available under a cooperative agreement entered into under this paragraph are to be matched on a 1-to-1 basis by non-Federal funds. (C) Reimbursement.--Any payment made by the Secretary under subparagraph (A)(ii) shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of-- (i) the amount provided by the Secretary to the project under subparagraph (A)(ii); or (ii) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. (D) Public access.--Any cooperative agreement entered into under this paragraph shall provide for reasonable public access to the resources covered by the cooperative agreement. (e) Dedication; Memorial.-- (1) In general.--Congress dedicates the Park to John H. Chafee, the former United States Senator from Rhode Island, in recognition of-- (A) the role of John H. Chafee in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears the name of John H. Chafee; and (B) the decades of the service of John H. Chafee to the people of Rhode Island and the United States. (2) Memorial.--The Secretary shall display a memorial at an appropriate location in the Park that recognizes the role of John H. Chafee in preserving the resources of the Blackstone River Valley for the people of the United States. SEC. 5. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR AMENDMENTS. Public Law 99-647 (16 U.S.C. 461 note; 100 Stat. 3625) is amended-- (1) in the first sentence of section 2 (110 Stat. 4202), by striking ``the map entitled `Blackstone River Valley National Heritage Corridor Boundary Map', numbered BRV-80-80,011, and dated May 2, 1993'' and inserting ``the map entitled `John H. Chafee Blackstone River Valley National Heritage Corridor-- Proposed Boundary', numbered 022/111530, and dated November 10, 2011''; (2) in section 7 (120 Stat. 1858, 125 Stat. 155)-- (A) in the section heading, by striking ``termination of commission'' and inserting ``termination of commission; designation of local coordinating entity''; (B) by striking ``The Commission'' and inserting the following: ``(a) In General.--The Commission''; and (C) by adding at the end the following: ``(b) Local Coordinating Entity.-- ``(1) Designation.--The Blackstone River Valley National Heritage Corridor, Inc., shall be the local coordinating entity for the Corridor (referred to in this section as the `local coordinating entity'). ``(2) Implementation of management plan.--The local coordinating entity shall assume the duties of the Commission for the implementation of the Cultural Heritage and Land Management Plan developed and approved under section 6. ``(c) Use of Funds.--For the purposes of carrying out the management plan, the local coordinating entity may use amounts made available under this Act-- ``(1) to make grants to the States of Massachusetts and Rhode Island (referred to in this section as the `States'), political subdivisions of the States, nonprofit organizations, and other persons; ``(2) to enter into cooperative agreements with or provide technical assistance to the States, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested parties; ``(3) to hire and compensate staff, including individuals with expertise in-- ``(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; ``(B) economic and community development; or ``(C) heritage planning; ``(4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program; ``(5) to contract for goods or services; and ``(6) to support activities of partners and any other activities that further the purposes of the Corridor and are consistent with the approved management plan.''; (3) in section 8 (120 Stat. 1858)-- (A) in subsection (b)-- (i) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (ii) by adding at the end the following: ``(2) Cooperative agreements.--Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the local coordinating entity designated by paragraph (1) and other public or private entities for the purpose of-- ``(A) providing technical assistance; or ``(B) implementing the plan under section 6(c).''; and (B) by striking subsection (d) and inserting the following: ``(d) Transition Memorandum of Understanding.--The Secretary shall enter into a memorandum of understanding with the local coordinating entity to ensure-- ``(1) the appropriate transition of management of the Corridor from the Commission to the local coordinating entity; and ``(2) coordination regarding the implementation of the Cultural Heritage and Land Management Plan.''; (4) in section 10 (104 Stat. 1018, 120 Stat. 1858)-- (A) in subsection (a), by striking ``in which the Commission is in existence'' and inserting ``until September 30, 2016''; and (B) by striking subsection (c); and (5) by adding at the end the following: ``SEC. 11. REFERENCES TO THE CORRIDOR, INC. ``For purposes of sections 6, 8 (other than section 8(d)(1)), 9, and 10, a reference to the `Commission' shall be considered to be a reference to the local coordinating entity.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out sections 2 through 4.

. Blackstone River Valley National Historical Park Establishment Act - (Sec. 4) Establishes the Blackstone River Valley National Historical Park in Massachusetts and Rhode Island as a unit of the National Park System. Authorizes the Secretary of the Interior to acquire, by donation, purchase from a willing seller, or exchange any land or interests in land considered contributing historic resources in specified historic sites and districts for inclusion in the Park's boundary. Authorizes the Secretary to acquire up to 10 acres in Woonsocket, Rhode Island for the development of administrative, curatorial, or visitor facilities for the Park. Permits acquisition of lands owned by the states or political subdivisions by donation only. Requires the Secretary to prepare a general management plan for the Park, which shall consider ways of using preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor. Authorizes the Secretary to provide technical assistance, visitor services, interpretive tours, and educational programs to sites and resources in the Corridor located outside of the Park's boundary which are associated with the purposes for which the Park is established. Authorizes the Secretary to enter into cooperative agreements with the states, their political subdivisions, nonprofit organizations (including Blackstone River Valley National Heritage Corridor, Inc.), and other interested parties to provide: (1) technical assistance, interpretation, and educational programs in the historic sites and districts; and (2) up to 50% of the cost of any natural, historic, or cultural resource protection project in the Park. Requires any federal funding made available under such an agreement to be matched on a one-to-one basis by non-federal funds. Requires an agreement for reimbursement of any payment made by the Secretary for the cost of any project in the Park if there is any conversion, use, or disposal of the project for purposes inconsistent with this Act's purposes. Dedicates the Park to former U.S. Senator John H. Chafee from Rhode Island in recognition of: (1) his role in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears his name, and (2) the decades of his service to the people of Rhode Island and the United States. Requires a memorial to be displayed at a location in the Park that recognizes Senator Chafee's role in the preservation of the resources of the Blackstone River Valley for the people of the United States. (Sec. 5) Adjusts the boundary of the John H. Chafee Blackstone River Valley National Heritage Corridor. Designates the Blackstone River Valley National Heritage Corridor, Inc., as the local coordinating entity for the Corridor. Requires the local coordinating entity to assume the duties of the Blackstone River Valley National Heritage Corridor Commission for the implementation of the Cultural Heritage and Land Management Plan. Allows the local coordinating entity to use amounts made available under this Act, among other things, to: (1) make grants to Massachusetts and Rhode Island, their political subdivisions, nonprofits, and other persons; and (2) enter into cooperative agreements with or provide technical assistance to such states, their political subdivisions, nonprofits, federal agencies, and other interested parties. Authorizes the Secretary to enter into agreements with the local coordinating entity and other public or private entities to provide technical assistance or to implement the Cultural Heritage and Land Management Plan. Directs the Secretary to enter into a memorandum of understanding with the local coordinating entity to ensure: (1) the transition of management of the Corridor from the John H. Chaffee Blackstone River Valley National Heritage Corridor Commission to the local coordinating entity, and (2) coordination regarding the implementation of the Plan. Extends the Commission through FY2016. (Sec. 6) Authorizes appropriations for establishment of the Blackstone River Valley National Historical Park.

Blackstone River Valley National Historical Park Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Rescissions Act of 1997''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 calendar days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision, and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill referred to in subparagraph (B) shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(C) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the earlier of-- ``(1) the day after the date upon which the House of Representatives defeats the bill transmitted with that special message rescinding the amount proposed to be rescinded; or ``(2) the day after the date upon which the Senate rejects a bill that makes rescissions to carry out the applicable special message of the President. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any calendar day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. (a) In General.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (f) of such section) that are enacted during the One Hundred Fifth Congress and thereafter. (b) Special Transition Rule.--Within 3 calendar days after the beginning of a Congress, the President may retransmit a special message, in the manner provided in section 1013(b) of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2), proposing to rescind only those amounts of budget authority that were contained in any special message to the immediately preceding Congress which that Congress failed to consider because of its sine die adjournment before the close of the time period set forth in such section 1013 for consideration of those proposed rescissions. A draft bill shall accompany that special message that, if enacted, would only rescind that budget authority. Before the close of the second legislative day of the House of Representatives after the date of receipt of that special message, the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. The House of Representatives and the Senate shall proceed to consider that bill in the manner provided in such section 1013.

Expedited Rescissions Act of 1997 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority.

Expedited Rescissions Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Adams National Historical Park Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Adams National Historical Park. Sec. 5. Administration. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) In 1946, the Secretary of the Interior, by means of the authority provided to the Secretary under section 2 of the Act of August 21, 1935 (16 U.S.C. 462; commonly known as the Historic Sites, Buildings, and Antiquities Act), established the Adams Mansion National Historic Site in Quincy, Massachusetts. (2) In 1952, again using the authority provided under the Act of August 21, 1935, the Secretary enlarged the historic site and renamed it the Adams National Historic Site. (3) In 1972, title III of Public Law 92-272 (86 Stat. 121) authorized the Secretary to expand the boundaries of the Adams National Historic Site to include an additional 3.68 acres and to acquire lands and interests in lands within the expanded boundaries. (4) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3479) authorized the Secretary to accept the conveyance of the birthplaces in Quincy, Massachusetts, of John Adams, second President of the United States, and John Quincy Adams, sixth President of the United States, and to administer the birthplaces as part of the Adams National Historic Site. (5) In 1980, Public Law 96-435 (94 Stat. 1861) authorized the Secretary to accept the conveyance of the United First Parish Church in Quincy, Massachusetts, the burial site of John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, and to administer the burial site as part of the Adams National Historic Site. (6) The actions described in the preceding paragraphs to preserve for the benefit, education, and inspiration of present and future generations of Americans the home, property, birthplaces, and burial site of John Adams, Abigail Adams, John Quincy Adams, and Louisa Adams, have resulted in a multi-site unit of the National Park System with no overarching enabling or authorizing legislation. (7) The sites and resources associated with John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, deserve recognition as a national historical park in the National Park System. SEC. 3. DEFINITIONS. As used in this Act: (1) Historical park.--The term ``historical park'' means the Adams National Historical Park established in section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ADAMS NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit, education, and inspiration of the people of the United States certain properties in Quincy, Massachusetts, associated with John Adams, second President of the United States, his wife, Abigail Adams, John Quincy Adams, sixth President of the United States, and his wife, Louisa Adams, there is established the Adams National Historical Park as a unit of the National Park System. (b) Boundaries.--The historical park shall be comprised of-- (1) all property owned by the National Park Service in the Adams National Historic Site as of the date of the enactment of this Act, as well as all property previously authorized to be acquired by the Secretary for inclusion in the Adams National Historic Site, as generally depicted on the map entitled ``Adams National Historical Park'', numbered NARO 386/92001, and dated July 22, 1992; and (2) all property authorized to be acquired for inclusion in the historical park by this Act or other law enacted after the date of the enactment of this Act. (c) Visitor and Administrative Sites.--To preserve the historical character and landscape of the main features of the historical park, the Secretary may acquire up to 10 acres for the development of visitor, administrative, museum, curatorial, and maintenance facilities adjacent to or in the general proximity of the property depicted on the map identified in subsection (b)(1). (d) Map.--The map of the historical park shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.-- (1) Agreements authorized.--The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Condition.--Any payments made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to the condition that conversion, use, or disposal of the project for which the payments are made for purposes contrary to the purposes for which the historical park is established, as determined by the Secretary, will result in a right of the United States to reimbursement in an amount equal to the greater of-- (A) all payments made by the Secretary in connection with the project; or (B) the proportion of the increased value of the project attributable to the payments, as determined at the time of such conversion, use, or disposal. (c) Acquisition of Real Property.--To advance the purposes for which the historical park is established, the Secretary may acquire real property within the boundaries of the historical park by any of the following methods: (1) Purchase using funds appropriated or donated to the Secretary. (2) Acceptance of a donation of the real property. (3) Use of a land exchange. (d) Repeal of Superseded Administrative Authorities.--(1) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95- 625; 92 Stat. 3479) is amended-- (A) by striking ``(a)'' after ``Sec. 312.''; and (B) by striking subsection (b). (2) The first section of Public Law 96-435 (94 Stat. 1861) is amended-- (A) by striking ``(a)'' after ``That''; and (B) by striking subsection (b). (e) References to Historic Site.--Any reference in any law (other than this Act), regulation, document, record, map, or other paper of the United States to the Adams National Historic Site shall be considered to be a reference to the historical park. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes for which the historical park is established, for annual operations and maintenance of the historical park, and for acquisition of property and development of facilities necessary to operate and maintain the historical park, as may be outlined in an approved general management plan for the historical park.

Adams National Historical Park Act of 1998 - Establishes as a unit of the National Park System the Adams National Historical Park in Quincy, Massachusetts, to preserve certain properties associated with John and John Quincy Adams, the second and sixth Presidents of the United States, and their wives. Requires the Park to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements for the Park's preservation, development, interpretation, and use. Authorizes appropriations.

Adams National Historical Park Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Credit Card Abuse Prevention Act of 2007''. SEC. 2. MANAGEMENT OF PURCHASE CARDS. (a) Required Safeguards and Internal Controls.--The head of each executive agency that issues and uses purchase cards and convenience checks shall establish and maintain safeguards and internal controls to ensure the following: (1) There is a record in each executive agency of each holder of a purchase card issued by the agency for official use, annotated with the limitations on single transaction and total credit amounts that are applicable to the use of each such card by that purchase cardholder. (2) Each purchase card holder is assigned an approving official other than the card holder with the authority to approve or disapprove expenditures. (3) The holder of a purchase card and each official with authority to authorize expenditures charged to the purchase card are responsible for-- (A) reconciling the charges appearing on each statement of account for that purchase card with receipts and other supporting documentation; and (B) forwarding such reconciliation to the designated official who certifies the bill for payment in a timely manner. (4) Any disputed purchase card charge, and any discrepancy between a receipt and other supporting documentation and the purchase card statement of account, is resolved in the manner prescribed in the applicable Governmentwide purchase card contract entered into by the Administrator of General Services. (5) Payments on purchase card accounts are made promptly within prescribed deadlines to avoid interest penalties. (6) Rebates and refunds based on prompt payment on purchase card accounts are monitored for accuracy and properly recorded as a receipt to the agency that pays the monthly bill. (7) Records of each purchase card transaction (including records on associated contracts, reports, accounts, and invoices) are retained in accordance with standard Government policies on the disposition of records. (8) Periodic reviews are performed to determine whether each purchase cardholder has a need for the purchase card. (9) Appropriate training is provided to each purchase cardholder and each official with responsibility for overseeing the use of purchase cards issued by an executive agency. (10) The executive agency has specific policies regarding the number of purchase cards issued by various organizations and categories of organizations, the credit limits authorized for various categories of cardholders, and categories of employees eligible to be issued purchase cards, and that those policies are designed to minimize the financial risk to the Federal Government of the issuance of the purchase cards and to ensure the integrity of purchase cardholders. (11) The executive agency utilizes technologies to prevent or identify fraudulent purchases, including controlling merchant codes and utilizing statistical machine learning and pattern recognition technologies that review the risk of every transaction. (12) The executive agency invalidates the purchase card of each employee who-- (A) ceases to be employed by the agency immediately upon termination of the employment of the employee; or (B) transfers to another unit of the agency immediately upon the transfer of the employee. (13) The executive agency takes steps to recover the cost of any improper or fraudulent purchase made by an employee, including, as necessary, through salary offsets. (b) Management of Purchase Cards.--The head of each executive agency shall prescribe regulations implementing the safeguards and internal controls in subsection (a). The regulations shall be consistent with regulations that apply Governmentwide regarding the use of purchase cards by Government personnel for official purposes. (c) Penalties for Violations.--The regulations prescribed under subsection (b) shall provide for appropriate adverse personnel actions or other punishment to be imposed in cases in which employees of an executive agency violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a purchase card, including imposition of the following penalties: (1) In the case of an employee who is suspected by the executive agency to have engaged in fraud, referral of the case to the United States Attorney with jurisdiction over the matter. (2) In the case of an employee who is found guilty of fraud or found by the executive agency to have egregiously abused a purchase card, dismissal of the employee. (d) Risk Assessments and Audits.--The Inspector General of each executive agency shall-- (1) periodically conduct risk assessments of the agency purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders; (2) perform periodic audits of purchase cardholders designed to identify-- (A) potentially fraudulent, improper, and abusive uses of purchase cards; (B) any patterns of improper cardholder transactions, such as purchases of prohibited items; and (C) categories of purchases that should be made by means other than purchase cards in order to better aggregate purchases and obtain lower prices; (3) report to the head of the executive agency concerned on the results of such audits; and (4) report to the Director of the Office of Management and Budget and the Comptroller General on the implementation of recommendations made to the head of the executive agency to address findings during audits of purchase cardholders. (e) Definition of Executive Agency.--In this section, the term ``executive agency'' has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (f) Relationship to Department of Defense Purchase Card Regulations.-- (1) In general.--Except as provided by the amendments made by paragraph (2), the requirements under this section shall not apply to the Department of Defense. (2) Exception.--Section 2784(b) of title 10, United States Code, is amended-- (A) in paragraph (8), by striking ``periodic audits'' and all that follows through the period at the end and inserting ``risk assessments of the agency purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders.''; and (B) by adding at the end the following new paragraphs: ``(11) That the Department of Defense utilizes technologies to prevent or identify fraudulent purchases, including controlling merchant codes and utilizing statistical machine learning and pattern recognition technologies that review the risk of every transaction. ``(12) That the Secretary of Defense-- ``(A) invalidates the purchase card of each employee who ceases to be employed by the Department of Defense immediately upon termination of the employment of the employee; and ``(B) invalidates the purchase card of each employee who transfers to another agency or subunit within the Department of Defense immediately upon such transfer.''. SEC. 3. MANAGEMENT OF TRAVEL CARDS. Section 2 of the Travel and Transportation Reform Act of 1998 (Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the end the following new subsection: ``(h) Management of Travel Charge Cards.-- ``(1) Required safeguards and internal controls.--The head of each executive agency that has employees that use travel charge cards shall establish and maintain safeguards and internal controls over travel charge cards to ensure the following: ``(A) There is a record in each executive agency of each holder of a travel charge card issued by the agency for official use, annotated with the limitations on amounts that are applicable to the use of each such card by that travel charge cardholder. ``(B) Rebates and refunds based on prompt payment on travel charge card accounts are properly recorded as a receipt of the agency that employs the cardholder. ``(C) Periodic reviews are performed to determine whether each travel charge cardholder has a need for the travel charge card. ``(D) Appropriate training is provided to each travel charge cardholder and each official with responsibility for overseeing the use of travel charge cards issued by an executive agency. ``(E) Each executive agency has specific policies regarding the number of travel charge cards issued by various organizations and categories of organizations, the credit limits authorized for various categories of cardholders, and categories of employees eligible to be issued travel charge cards, and that those policies are designed to minimize the financial risk to the Federal Government of the issuance of the travel charge cards and to ensure the integrity of travel charge cardholders. ``(F) The head of each executive agency negotiates with the holder of the applicable travel card contract, or a third party provider of credit evaluations if such provider offers more favorable terms, to evaluate the creditworthiness of an individual before issuing the individual a travel charge card, and that no individual be issued a travel charge card if the individual is found not creditworthy as a result of the evaluation (except that this paragraph shall not preclude issuance of a restricted use travel charge card when the individual lacks a credit history or the issuance of a pre-paid card when the individual has a credit score below the minimum credit score established by the agency). Each executive agency shall establish a minimum credit score for determining the creditworthiness of an individual based on rigorous statistical analysis of the population of cardholders and historical behaviors. Notwithstanding any other provision of law, such evaluation shall include an assessment of an individual's consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act. The obtaining of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section 604 of the Fair Credit Reporting Act. ``(G) Each executive agency utilizes technologies to prevent or identify fraudulent purchases, including controlling merchant codes and utilizing statistical machine learning and pattern recognition technologies that review the risk of every transaction. ``(H) Each executive agency ensures that the travel charge card of each employee who ceases to be employed by the agency is invalidated immediately upon termination of the employment of the employee. ``(I) Each executive agency utilizes mandatory split disbursements for travel card purchases. ``(2) Regulations.--The Administrator of General Services shall prescribe regulations governing the implementation of the safeguards and internal controls in paragraph (1) by executive agencies. ``(3) Penalties for violations.--The regulations prescribed under paragraph (2) shall provide for appropriate adverse personnel actions or other punishment to be imposed in cases in which employees of an executive agency violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a travel charge card, including removal in appropriate cases. ``(4) Assessments.--The Inspector General of each executive agency shall-- ``(A) periodically conduct risk assessments of the agency travel card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders; ``(B) perform periodic audits of travel cardholders designed to identify potentially fraudulent, improper, and abusive uses of travel cards; ``(C) report to the head of the executive agency concerned on the results of such audits; and ``(D) report to the Director of the Office of Management and Budget and the Comptroller General on the implementation of recommendations made to the head of the executive agency to address findings during audits of travel cardholders. ``(5) Definitions.--In this subsection: ``(A) The term `executive agency' means an agency as that term is defined in section 5701 of title 5, United States Code, except that it is in the executive branch. ``(B) The term `travel charge card' means the Federal contractor-issued travel charge card that is individually billed to each cardholder.''. SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS. The head of an executive agency that has employees who use a centrally billed account shall establish and maintain safeguards and internal controls to ensure the following: (1) Items submitted on an employee's travel voucher are compared with items paid for using a centrally billed account to ensure that an employee is not reimbursed for an item already paid for through a centrally billed account. (2) The executive agency submits requests for refunds for unauthorized purchases to the holder of the applicable contract for a centrally billed account. (3) The executive agency submits requests for refunds for fully or partially unused tickets to the holder of the applicable contract for a centrally billed account. SEC. 5. REGULATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act-- (1) the head of each executive agency shall promulgate regulations to implement the requirements of sections 2 and 4; and (2) the Administrator of General Services shall promulgate regulations required pursuant to the amendments made by section 3. (b) Best Practices.--Regulations promulgated under this section shall reflect best practices for conducting purchase card and travel card programs.

Government Credit Card Abuse Prevention Act of 2007 - Requires the head of each executive agency, except the Department of Defense (DOD), to: (1) establish safeguards and internal controls for purchase cards, convenience checks, and travel cards; and (2) prescribe regulations implementing such safeguards and controls that provide for adverse personnel actions or other punishment against employees for card violations, negligence, misuse, abuse, or fraud. Requires each agency Inspector General to: (1) periodically conduct risk assessments of agency purchase and travel card programs and associated internal controls, analyze weaknesses and the frequency of improper activity, and develop a plan to determine the scope, frequency, and number of periodic audits of cardholders; (2) perform periodic audits of card holders and report results to the agency head; and (3) report to the Director of the Office of Management and Budget (OBM) and the Comptroller General on the implementation of recommendations to address audit findings. Requires DOD regulations that govern the use and control of purchase cards and convenience checks that are issued to DOD personnel to include safeguards and internal controls to ensure that: (1) the Inspector Generals of DOD, the Army, the Navy, and the Airforce periodically conduct risk assessments of the DOD purchase card program and associated internal controls, analyze weaknesses and the frequency of improper activity, and develop a plan to determine the scope, frequency, and number of periodic audits of cardholders; (2) DOD utilizes technologies to prevent or identify fraudulent purchases, including controlling merchant codes and utilizing statistical machine learning and pattern recognition technologies that review the risk of every transaction; and (3) DOD invalidates the purchase card of terminated or transferred employees. Amends the Travel and Transportation Reform Act of 1998 to require each agency head to establish safeguards and internal controls over travel charge cards. Requires the Administrator of General Services to prescribe regulations governing the implementation of such safeguards and internal controls. Requires the heads of agencies that have employees who use centrally billed accounts to establish safeguards and internal controls to ensure that agencies: (1) compare items submitted on an employee's travel voucher with items paid using such an account; (2) dispute unauthorized charges and track disputed transactions to ensure appropriate resolution; and (3) submit requests for refunds for fully or partially unused tickets to the holder of the applicable contract for a centrally billed account.

To prevent abuse of Government credit cards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Health Care Accessibility Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Community Health Centers (CHCs) are nonprofit, community supported health care facilities providing primary and preventive health care services to over 15,000,000 low- income, underinsured, and uninsured families. (2) Nearly 70 percent of CHC patients have family incomes at or below poverty ($15,000 annual income for a family of three). In addition, nearly 40 percent of CHC patients are uninsured. (3) For many patients, CHCs are the only source of health care services available. While the number of uninsured patients at CHCs is rapidly growing--from around 3,900,000 in 1998 to over 5,900,000 today--the number of physicians available to treat these patients is decreasing. (4) There is a critical shortage of physicians available at CHCs to meet the health care needs of the uninsured and underinsured. The Journal of the American Medical Association reports a 13-percent vacancy rate for family physicians, a 9- percent vacancy rate for internists, a 20-percent vacancy rate for OB-GYNs and a 22-percent vacancy rate for psychiatrists. (5) Physicians hired by CHCs are covered by the Federal Tort Claims Act for medical liability costs. However, physicians who wish to volunteer at CHCs are not covered by the Federal Tort Claims Act. (6) CHCs have limited resources to meet the current and future needs of the uninsured and underinsured. Physicians are willing to volunteer at CHCs, however, they are dissuaded from doing so because of the cost of medical liability insurance. Extending Federal Tort Claims Act coverage to volunteer physicians would result in more patients being served at a lower cost at CHCs. SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR VOLUNTEER PRACTITIONERS. (a) In General.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended-- (1) in subsection (g)(1)(A)-- (A) in the first sentence, by striking ``or employee'' and inserting ``employee, or (subject to subsection (k)(4)) volunteer practitioner''; and (B) in the second sentence, by inserting ``and subsection (k)(4)'' after ``subject to paragraph (5)''; and (2) in each of subsections (g), (i), (j), (k), (l), and (m)-- (A) by striking the term ``employee, or contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''; (B) by striking the term ``employee, and contractor'' each place such term appears and inserting ``employee, volunteer practitioner, and contractor''; (C) by striking the term ``employee, or any contractor'' each place such term appears and inserting ``employee, volunteer practitioner, or contractor''; and (D) by striking the term ``employees, or contractors'' each place such term appears and inserting ``employees, volunteer practitioners, or contractors''. (b) Applicability; Definition.--Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph: ``(4)(A) Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners. ``(B) For purposes of subsections (g) through (m), the term `volunteer practitioner' means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions: ``(i) The practitioner is a licensed physician or a licensed clinical psychologist. ``(ii) At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph. ``(iii) The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).''.

Family Health Care Accessibility Act of 2007 - Amends the Public Health Service Act to deem volunteer practitioners who provide medical services to patients at certain nonprofit health centers in underserved areas as employees of the Public Health Service (thus extending the liability protections of the Federal Tort Claims Act to such practitioners). Defines "volunteer practitioner" as a licensed physician or licensed clinical psychologist who provides services to patients of a health center without compensation or reimbursement at a health center site or a site designated by a health center.

To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. (2) All 5 subspecies of tiger are currently threatened with extinction in the wild, with approximately 5,000 to 6,000 tigers remaining worldwide. (3) All rhinoceros species have been listed on Appendix I of CITES since 1977. (4) All tiger subspecies have been listed on Appendix I of CITES since 1987. (5) The tiger and all rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (6) In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. (7) On September 7, 1993, under section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the Secretary certified that the People's Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. (8) On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn and tiger parts, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. (9) On November 8, 1993, under section 8 of the Fisherman's Protection Act of 1967 (22 U.S.C. 1978), the President announced that the United States would impose trade sanctions against China and Taiwan unless substantial progress was made by March 1994 towards ending trade in rhinoceros and tiger products. (10) On April 11, 1994, under section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978), the President-- (A) directed that imports of wildlife specimens and products from Taiwan be prohibited, in response to Taiwan's failure to undertake sufficient actions to stop illegal rhinoceros and tiger trade; and (B) indicated that the certification of China would remain in effect and directed that additional monitoring of China's progress be undertaken. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger populations, and the CITES Secretariat. (2) To provide financial resources for those programs. SEC. 4. DEFINITIONS. In this Act-- (1) ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices; (2) ``conservation'' means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat protection, acquisition, and management, propagation, live trapping, and transportation; (3) ``Fund'' means the Rhinoceros and Tiger Conservation Fund established under section 6(a); (4) ``Secretary'' means the Secretary of the Interior; and (5) ``Administrator'' means the Administrator of the Agency for International Development. SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. (a) In General.--The Secretary, subject to the availability of appropriations and in consultation with the Administrator, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. (b) Project Proposal.--A country whose activities directly or indirectly affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall-- (1) name the individual responsible for conducting the project; (2) state the purposes of the project succinctly; (3) describe the qualifications of the individuals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and (6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.--Within 30 days of receiving a final project proposal, the Secretary shall provide a copy of the proposal to the Administrator. The Secretary shall review each final project proposal to determine if it meets the criteria set forth in subsection (d). Not later than 6 months after receiving a final project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal, to the Administrator, and to each country within which the project is to be conducted. (d) Criteria for Approval.--The Secretary may approve a project under this section if the project will enhance programs for conservation of rhinoceros or tigers by assisting efforts to-- (1) implement conservation programs; (2) enhance compliance with provisions of CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of rhinoceros or tigers or the use of rhinoceros or tiger habitat; or (3) develop sound scientific information on that species' habitat condition and carrying capacity, total numbers and population trends, or annual reproduction and mortality. (e) Project Sustainability.--To the maximum extent practical, the Secretary should give consideration to projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and tigers. (f) Project Reporting.--Each person that receives assistance under this section for a project shall provide periodic reports, as the Secretary considers necessary, to the Secretary and the Administrator. Each report shall include all information requested by the Secretary, after consulting with the Administrator, for evaluating the progress and success of the project. SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the ``Rhinoceros and Tiger Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 3 percent to administer the Fund. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out this Act, to remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Rhinoceros and Tiger Conservation Act of 1994 - Requires the Secretary of the Interior to provide financial assistance for conservation of rhinoceros and tiger projects. Authorizes the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Secretariat, or any other person, to submit to the Secretary a project proposal for the conservation of such animals. Provides for approval criteria and project reporting. Directs the Secretary to consider projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and tigers. (Sec. 6) Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund. Provides for Fund deposits, Fund use, and acceptance and use of donations. (Sec. 7) Authorizes appropriations.

Rhinoceros and Tiger Conservation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Self-Sufficiency Act of 2009''. SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS. Subsection (h) of section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Section 8 fees.-- ``(A) In general.--The Secretary shall establish a fee under section 8(q) for the costs incurred in administering the self-sufficiency program under this section to assist families receiving voucher assistance through section 8(o). ``(B) Eligibility for fee.--The fee shall provide funding for family self-sufficiency coordinators as follows: ``(i) Base fee.--A public housing agency serving 25 or more participants in the family self-sufficiency program under this section shall receive a fee equal to the costs of employing one full-time family self-sufficiency coordinator. An agency serving fewer than 25 such participants shall receive a prorated fee. ``(ii) Additional fee.--An agency that meets minimum performance standards shall receive an additional fee sufficient to cover the costs of employing a second family self- sufficiency coordinator if the agency has 75 or more participating families, and a third such coordinator if it has 125 or more participating families. ``(iii) Previously funded agencies.--An agency that received funding from the Department of Housing and Urban Development for more than three such coordinators in any of fiscal years 1999 through 2008 shall receive funding for the highest number of coordinators funded in a single fiscal year during that period, provided they meet applicable size and performance standards. ``(iv) Initial year.--For the first year in which a public housing agency exercises its right to develop an family self-sufficiency program for its residents, it shall be entitled to funding to cover the costs of up to one family self-sufficiency coordinator, based on the size specified in its action plan for such program. ``(v) State and regional agencies.--For purposes of calculating the family self- sufficiency portion of the administrative fee under this subparagraph, each administratively distinct part of a State or regional public housing agency shall be treated as a separate agency. ``(vi) Determination of number of coordinators.--In determining whether a public housing agency meets a specific threshold for funding pursuant to this paragraph, the number of participants being served by the agency in its family self-sufficiency program shall be considered to be the average number of families enrolled in such agency's program during the course of the most recent fiscal year for which the Department of Housing and Urban Development has data. ``(C) Proration.--If insufficient funds are available in any fiscal year to fund all of the coordinators authorized under this section, the first priority shall be given to funding one coordinator at each agency with an existing family self-sufficiency program. The remaining funds shall be prorated based on the number of remaining coordinators to which each agency is entitled under this subparagraph. ``(D) Recapture.--Any fees allocated under this subparagraph by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year shall be recaptured by the Secretary and shall be available for providing additional fees pursuant to subparagraph (B)(ii). ``(E) Performance standards.--Within six months after the date of the enactment of this paragraph, the Secretary shall publish a proposed rule specifying the performance standards applicable to funding under clauses (ii) and (iii) of subparagraph (B). Such standards shall include requirements applicable to the leveraging of in-kind services and other resources to support the goals of the family self-sufficiency program. ``(F) Data collection.--Public housing agencies receiving funding under this paragraph shall collect and report to the Secretary, in such manner as the Secretary shall require, information on the performance of their family self-sufficiency programs. ``(G) Evaluation.--The Secretary shall conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable. Not later than the expiration of the 4- year period beginning upon the enactment of this paragraph, the Secretary shall submit an interim evaluation report to the Congress. Not later than the expiration of the 8-year period beginning upon such enactment, the Secretary shall submit a final evaluation report to the Congress. There is authorized to be appropriated $10,000,000 to carry out the evaluation under this subparagraph. ``(H) Incentives for innovation and high performance.--The Secretary may reserve up to 10 percent of the amounts made available for administrative fees under this paragraph to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving the goals of the program.''. Passed the House of Representatives April 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Family Self-Sufficiency Act of 2009 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development. Prescribes: (1) a base fee for a public housing agency serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families. Permits the Secretary to reserve certain amounts to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals.

To provide for payment of an administrative fee to public housing agencies to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Research for Women in Trauma Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Most studies of violence against women currently focus on physical abuse or rape, primarily because they are easier to identify and measure and are potentially lethal, however, almost all battered women describe psychological abuse as the most harmful. (2) Most available research on violence against women has focused on young to middle-aged white women living in the community although available data shows that incarcerated women, women living in poverty, women belonging to minority ethnic and language groups, older women, and women with mental and physical disabilities report especially high rates of victimization. (3) Victims of violence are at increased risk for a number of physical and mental health problems, for example, in primary care practice, women who have been raped report more symptoms of illness and more negative health behaviors than nonvictimized women. (4) Effective methods for screening to identify women affected by violence are prerequisite to understanding the outcomes of abuse-sensitive medical care, for example, the effect of medical attention to violence on perceived health utilization of health services over time, and patient satisfaction. (5) Violence against women occurs in a sociocultural context. More research should be conducted to identify sociocultural factors that promote and maintain violence against women and to learn how sociocultural factors, such as gender roles and poverty, mediate the effects of interpersonal victimization. (6) There are a number of community-based and legal system interventions available to victims of interpersonal violence. However, there is little evaluation research on the effectiveness of these interventions, especially for various subpopulations of women. More research needs to be conducted on the effectiveness of legal and community-based interventions, not only those with the goal of changing the behavior of assailants but also those with the goal of helping women take safety-promoting actions. (7) Much of the research on violence against women examines continuing rates of physical or psychological abuse as outcome measures and measures the behavior of the perpetrators, not something over which the woman has direct and immediate control. However, research on the women's attempts to manage and end the violence in their lives is rare. (8) Much of the extant research has focused on violence against women in the streets (sexual assault) or in their homes (domestic violence and battering). However, consistent focus on violence against women in work-related (violence by partners in these settings and by coworkers and colleagues) and educational contexts has been more limited. SEC. 3. RESEARCH INITIATIVES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES. ``(a) In General.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Director of the Office of Research on Women's Health, the Director of the Office of Women's Health, the Director of the National Institute on Drug Abuse, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Director of the National Institute for Occupational Safety and Health, the Director of the Office of Behavioral and Social Science, the Director of the Substance Abuse and Mental Health Administration, and the Director of the National Center on Minority Health and Health Disparities shall make grants and enter into contracts to-- ``(1) increase research on the psychological sequelae of violence against women; ``(2) expand research on special populations and their risk for violence, including adolescents, older women, ethnic minorities, women with disabilities, and other affected populations; ``(3) increase research on violence against women as a risk factor for various mental and physical health problems; ``(4) develop and test effective methods of screening for violence in all points of entry to the health care system, including mental health, emergency medicine, and primary care; ``(5) expand and enhance research on socioeconomic and sociocultural correlates of violence, such as the factors that create the predisposition toward violent behavior, situational variables that trigger the expression of violence, and social processes that allow violence to continue without negative consequences to the perpetrator; ``(6) develop systematic and quantifiable measures to evaluate treatment programs for victims and perpetrators of violence; ``(7) conduct research to increase better understanding of the complex process victimized women go through in attempting to manage and end the violence in their lives and focus on resilience and coping mechanisms; and ``(8) develop standardized questions concerning rape, battering, and sexual harassment in work-related and educational contexts to be routinely included in governmentally sponsored national surveys in order to obtain a fuller and more accurate assessment of the nature, prevalence, and effect of multiple forms of violence against women in these settings. ``(b) Maximum Amount.--The Secretary shall not award a grant under this section in an amount which exceeds $500,000. ``(c) Duration.--The Secretary shall award grants under this section for a period not to exceed 5 years. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary.''.

Expanding Research for Women in Trauma Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to makes grants and enter into contracts for violence against women prevention research initiatives.

A bill to expand research for women in trauma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Our Promise to Special Education Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) Children with disabilities are guaranteed an equal opportunity to an education under the 14th Amendment to the Constitution. (2) While States and local educational agencies are responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a role in assisting State and local efforts to educate children with disabilities in order to improve results for those children and to ensure equal protection of the law. (3) It is estimated that the excess expense of educating a child with a disability is equal to 40 percent of the national average per pupil expenditure. (4) Under the Individuals with Disabilities Education Act, Congress committed the Federal Government to contributing up to 40 percent of the national average per pupil expenditure for the purpose of educating children with disabilities. (5) To date, the Federal Government has never contributed more than 15 percent of the maximum state grant allocation for educating children with disabilities under the Individuals with Disabilities Education Act. SEC. 3. PURPOSE. It is the purpose of this Act to reach the Federal Government's goal of providing 40 percent of the national average per pupil expenditure for the purpose of education all children with disabilities by fiscal year 2011. SEC. 4. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: ``(2) Minimum amounts.--The minimum amount of the grant a State is entitled to receive under this section is-- ``(A) the number of children with disabilities in the State who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) the following percentages of the average current per-pupil expenditure in public elementary and secondary schools in the United States for the following fiscal years: ``(i) 20 percent for fiscal year 2002. ``(ii) 22 percent for fiscal year 2003. ``(iii) 24 percent for fiscal year 2004. ``(iv) 26 percent for fiscal year 2005. ``(v) 28 percent for fiscal year 2006. ``(vi) 30 percent for fiscal year 2007. ``(vii) 32 percent for fiscal year 2008. ``(viii) 34 percent for fiscal year 2009. ``(ix) 37 percent for fiscal year 2010. ``(x) 40 percent for fiscal year 2011 and each subsequent fiscal year. ``(3) No individual entitlement.--Paragraph (2) shall not be interpreted to entitle any individual to assistance under any State program, project, or activity funded under this part.''. (b) Conforming Amendments.--(1) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411) is amended by striking subsection (j). (2) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411), as amended by paragraph (1), is further amended-- (A) in subsection (b)(1), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use not more than one percent''; (B) in subsection (c), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use''; (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``(1) In general.--''; and (II) by striking ``paragraph (2) or subsection (e), as the case may be'' and inserting ``subsection (e)''; and (ii) by striking paragraph (2); (D) in subsection (e)-- (i) in the heading, by striking ``Permanent''; (ii) in paragraph (1)-- (I) by striking ``subsection (d)(1)'' and inserting ``subsection (d)''; and (II) by inserting after ``subsection (j)'' the following: ``(as such subsection was in effect on the day before the date of the enactment of the Keeping Our Promise to Special Education Act of 2001)''; and (iii) in paragraph (3)(B)-- (I) in clause (ii)-- (aa) in subclause (I)(bb), by striking ``amount appropriated under subsection (j)'' and inserting ``amount available to carry out this part (other than section 619)''; (bb) in subclause (II)(bb), by striking ``appropriated'' and inserting ``available''; and (cc) in subclause (III)(bb), by striking ``appropriated'' and inserting ``available''; and (II) in clause (iii)(II), by striking ``appropriated'' and inserting ``available''; (E) in subsection (g)-- (i) in paragraph (2)-- (I) by striking subparagraph (A); (II) by striking ``(B) Permanent procedure.--''; (III) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subparagraphs (A) and (B) and clauses (i) and (ii), respectively; and (IV) in subparagraph (B) (as redesignated), by striking ``clause (i)'' and inserting ``subparagraph (A)''; and (ii) in paragraph (3)(A)-- (I) in clause (i)(I), by striking ``appropriated'' and inserting ``available''; (II) in clause (ii), by striking ``appropriated'' and inserting ``available''; and (F) in subsection (i)(3)(A), by striking ``appropriated under subsection (j)'' and inserting ``available to carry out this part (other than section 619)''. SEC. 5. USE OF CERTAIN FUNDS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 613(a)(2)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)(C)) is amended-- (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: ``(ii) If a local educational agency chooses to utilize the authority under clause (i) to treat as local funds up to 20 percent of the amount of funds the agency receives under this part that exceeds the amount it received under this part for the previous fiscal year, then the agency shall use those local funds to provide additional funding for programs under the Elementary and Secondary Education Act of 1965, including, but not limited to, programs that address school safety, teacher quality and professional development, before and after school learning opportunities, comprehensive school reform and literacy, class size reduction, school construction and modernization, or related education programs authorized under Federal or State law.''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2001.

Keeping Our Promise to Special Education Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to specify mandatory minimum levels of Federal grant payments to States for assistance for education of all children with disabilities.Requires local educational agencies, if they choose to treat certain IDEA funds as local funds, to use them to provide additional funding for programs under the Elementary and Secondary Education Act of 1965.

To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Redevelopment Enhancement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) returning the Nation's brownfield sites to productive economic use could generate more than 550,000 additional jobs and up to $2,400,000,000 in new tax revenues for cities and towns; (2) redevelopment of brownfield sites and reuse of infrastructure at such sites will protect natural resources and open spaces; (3) lack of funding for redevelopment is a primary obstacle impeding the reuse of brownfield sites; (4) the Department of Housing and Urban Development is the agency of the Federal Government that is principally responsible for supporting community development and encouraging productive land use in urban areas of the United States; (5) grants under the Brownfields Economic Development Initiative of the Department of Housing and Urban Development provide local governments with a flexible source of funding to pursue brownfields redevelopment through land acquisition, site preparation, economic development, and other activities; (6) to be eligible for such grant funds, a community must be willing to pledge community development block grant funds as partial collateral for a loan guarantee under section 108 of the Housing and Community Development Act of 1974, and this requirement is a barrier to many local communities that are unable or unwilling to pledge such block grant funds as collateral; and (7) by de-linking grants for brownfields development from section 108 community development loan guarantees and the related pledge of community development block grant funds, more communities will have access to funding for redevelopment of brownfield sites. (b) Purpose.--The purpose of this Act is to provide cities and towns with more flexibility for brownfields development, increased accessibility to brownfields redevelopment funds, and greater capacity to coordinate and collaborate with other government agencies-- (1) by providing additional incentives to invest in the development and redevelopment of brownfield sites; and (2) by de-linking grants for brownfields development from community development loan guarantees and the related pledge of community development block grant funds. SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE. ``(a) In General.--The Secretary may make grants under this section, on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible public entities (as such term is defined in section 108(o) of this title) and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, which shall include mine-scarred lands. ``(b) Use of Grant Amounts.--Amounts from grants under this section-- ``(1) shall be used, as provided in subsection (a) of this section, only for activities specified in section 108(a); ``(2) shall be subject to the same requirements that, under section 101(c) and paragraphs (2) and (3) of section 104(b), apply to grants under section 106; and ``(3) shall not be provided or used in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property and the provision of assistance pursuant to this section shall not in any way relieve any party of liability with respect to such contamination, including liability for removal and remediation costs. ``(c) Availability of Assistance.--The Secretary shall not require, for eligibility for a grant under this section, that such grant amounts be used only in connection or conjunction with projects and activities assisted with a loan guaranteed under section 108. ``(d) Applications.--Applications for assistance under this section shall be in the form and in accordance with procedures as shall be established by the Secretary. ``(e) Selection Criteria and Leveraging.--The Secretary shall establish criteria for awarding grants under this section, which may include the extent to which the applicant has obtained other Federal, State, local, or private funds for the projects and activities to be assisted with grant amounts and such other criteria as the Secretary considers appropriate. Such criteria shall include consideration of the appropriateness of the extent of financial leveraging involved in the projects and activities to be funded with the grant amounts. ``(f) Definition of Brownfield Site.--For purposes of this section, the term `brownfield site' has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)). Such term includes a site that meets the requirements under subparagraph (D) of such section for inclusion as a brownfield site for purposes of section 104(k) of such Act (42 U.S.C. 9604(k)). ``(g) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section such sums as may be necessary for each of fiscal years 2006, 2007, 2008, 2009, and 2010.''. SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOPMENT AS ELIGIBLE CDBG ACTIVITY. (a) Technical Correction.--Subsection (a) of section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) by striking paragraph (24) and all that follows through the end of the subsection and inserting the new paragraph (24) inserted by section 2(3) of Public Law 108-146 (117 Stat. 1883); (2) by adding at the end (after the paragraph added by paragraph (1) of this subsection) the new paragraph (20) added by section 907(b)(1)(C) of Public Law 101-625 (104 Stat. 4388) and redesignating such paragraph as paragraph (25); and (3) by adding at the end (after the paragraphs added by paragraphs (1) and (2) of this subsection) the new paragraph (21) added by section 1012(f)(3)) of Public Law 102-550 (106 Stat. 3905) and redesignating such paragraph as paragraph (26). (b) Brownfields Redevelopment Activities.--Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)), as in effect pursuant to subsection (a) of this section, is amended-- (1) in paragraph (24) (as added by subsection (a)(1) of this section), by striking ``and'' at the end; (2) in paragraph (25) (as added by subsection (a)(2) of this section), by striking the period at the end and inserting a semicolon; (3) in paragraph (26) (as added by subsection (a)(3) of this section), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(27) economic development and redevelopment activities related to projects for brownfields sites (as such term is defined in section 123(f)), in conjunction with the appropriate environmental regulatory agencies, except that assistance pursuant to this paragraph shall not be provided in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property and the provision of assistance pursuant to this paragraph shall not in any way relieve any party of liability with respect to such contamination, including liability for removal and remediation costs.''. SEC. 5. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER RENEWAL COMMUNITIES. Section 105(a)(13) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal communities'' after ``enterprise zones''. SEC. 6. APPLICABILITY. The amendments made by this Act shall apply only with respect to amounts made available for fiscal year 2006 and fiscal years thereafter for use under the provisions of law amended by this Act. Passed the House of Representatives December 13, 2005. Attest: KAREN L. HAAS, Clerk.

Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants (without certain otherwise-required loan guarantees) to eligible public entities and Indian tribes to assist in the environmental cleanup and economic development of brownfield sites including mine-scarred lands. Prohibits: (1) providing or using such grants in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property; and (2) the provision of assistance pursuant to this section from in any way relieving any party of liability with respect to such contamination, including liability for removal and remediation costs. Authorizes FY2006-FY2010 appropriations. Defines "brownfield site" for purposes of this section. Makes brownfields-related environmental cleanup and economic development activities eligible for community development block grant (CDBG) assistance. Authorizes CDBG use to administer renewal communities.

To facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Outsourcing Security Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Government is increasingly relying on armed private security contractors to perform mission-critical and emergency essential functions that historically have been performed by United States military or Government personnel. (2) In August 2008, the Congressional Budget Office estimated that there were approximately 190,000 contractors operating in Iraq, and between 25,000 and 30,000 of these were private security contractors. (3) As of September 2009, the Department of Defense had approximately 218,000 contract employees operating in Iraq and Afghanistan, as compared to 195,000 members of the United States Armed Forces operating in these two theaters of war. (4) As of June 2009, the Department of Defense had deployed over 13,000 armed private security contractors in Iraq and over 5,000 in Afghanistan, an increase from 10,743 and 4,111, respectively, in March 2009. (5) As of February 28, 2009, the Department of State used 3,321 armed private security contractors in Iraq and 689 in Afghanistan. (6) In September 2009, photos surfaced showing individuals hired by ArmorGroup North America, which was awarded a contract by the Department of State to provide security at the United States embassy in Kabul, engaging in lewd and drunken sexual conduct and hazing. (7) There is evidence that ArmorGroup North America, and its parent company Wackenhut Services, had previously ignored repeated reports of misconduct by its employees in Kabul. (8) The Department of State issued numerous formal notices to ArmorGroup North America regarding performance deficiencies, and in March 2009 wrote to the company expressing ``grave concern'' about the short-staffing of guard posts. (9) In May 2009, four men employed as military trainers for Paravant LLC, a Blackwater affiliate, fired on a civilian vehicle in Kabul, killing one Afghan and wounding two others. (10) On September 16, 2007, individuals hired by the company then known as Blackwater USA opened fire on Baghdad's Nisour Square, killing 17 Iraqis and wounding at least 20 others. (11) A Federal judge dismissed criminal charges against the Blackwater contractors involved in the Nisour Square shooting after finding that Federal prosecutors misused evidence, a decision that has been appealed by the Department of Justice. (12) On October 18, 2007, Secretary of Defense Robert Gates stated that the work of many contractors in Iraq is ``at cross- purposes to our larger mission in Iraq,'' and that ``right now those missions are in conflict''. (13) On Christmas Eve 2006, Blackwater contractor Andrew Moonen, while drunk, shot and killed a guard to Iraqi Vice President Adil Abd-al-Mahdi in the Green Zone, and though Mr. Moonen lost his job with Blackwater as a result of this incident, he was promptly hired by Combat Support Associates, another Department of Defense contractor, and sent to work in Kuwait. (14) In the wake of the 2004 killing of four Blackwater contractors in Fallujah, the families of the men killed filed a civil suit against the company, alleging that Blackwater failed to properly equip and man its armored vehicles. (15) Xe Services, LLC, the company formerly known as Blackwater, has also faced allegations of weapons smuggling and improperly licensing firearms. (16) In 2007, the Committee on Oversight and Government Reform of the House of Representatives investigated Blackwater's employment practices and found that the company's classification of its security guards may have allowed the firm to avoid paying Social Security, Medicare, and Federal income and employment taxes. (17) In response to a request from the Committee on Oversight and Government Reform of the House of Representatives, the Inspector General of the Small Business Administration investigated Blackwater in 2008 and found that the company may have misrepresented its small business status, enabling it to qualify for $110,000,000 in government contracts set aside specifically for small businesses. (18) Signed affidavits have been filed in a civil lawsuit against Blackwater that company founder Erik Prince views himself ``as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe'', that he knowingly deployed ``demonstrably unfit men'' to Iraq, and that he used illegal ammunition, including a bullet designed to explode after entering the human body, among other charges. (19) In November 2007, a contractor employed by DynCorp International, LLC, reportedly shot and killed an unarmed taxi driver who, according to witnesses, posed no threat to the DynCorp convoy. (20) A January 2007 report by the Special Inspector General for Iraq Reconstruction stated that DynCorp billed the United States for millions of dollars of work that was never authorized. (21) In October 2007, an audit report issued by the Special Inspector General for Iraq Reconstruction stated that the Department of State ``does not know specifically what it received for most of the $1,200,000,000 in expenditures under its DynCorp Contract for the Iraqi Police Training Program''. (22) Congress does not have complete access to information about all security contracts, the number of armed private security contractors working in Iraq, Afghanistan, and other combat zones, the number of contractors who have died, and any disciplinary actions taken against contract personnel or companies. SEC. 3. DEFINITIONS. In this Act: (1) Mission critical or emergency essential functions.--The term ``mission critical or emergency essential functions''-- (A) means-- (i) activities for which continued performance is considered essential to support combat systems and operational activities; or (ii) activities whose delay, absence, or failure of performance would significantly affect the broader success or failure of a military operation; and (B) includes-- (i) the provision of protective services; (ii) the provision of security advice and planning; (iii) military and police training; (iv) repair and maintenance for weapons systems; (v) prison administration; (vi) interrogation; and (vii) intelligence. (2) Specified congressional committees.--The term ``specified congressional committees'' means the following committees: (A) The Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC SECURITY IN IRAQ AND AFGHANISTAN. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall ensure that all personnel at any United States diplomatic or consular mission in Iraq or Afghanistan are provided security services only by United States Government personnel. SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL CONFLICT ZONES IN WHICH CONGRESS HAS AUTHORIZED THE USE OF FORCE. (a) Report by President.-- (1) Requirement.--Not later than June 1, 2010, the President shall submit to the specified congressional committees a report on the status of planning for the transition away from the use of private contractors for mission critical or emergency essential functions by January 1, 2011, in all conflict zones in which Congress has authorized the use of force. (2) Additional matters covered.--If the report submitted under paragraph (1) states that the relevant agencies will not be able to transition to government and military personnel for such functions by January 1, 2011, the President shall include in the report the following: (A) A statement of the reasons why the relevant agencies are unable to do so, the date by which they will be able to do so, and the plan to ensure that they will be able to do so by that date. (B) A certification that-- (i) all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses; (ii) no contract employees are subject to pending criminal charges; (iii) all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction); (iv) contract employees, if accused of crimes by the host country, must remain in United States custody; and (v) contracts include whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions. (3) Form of report.--The report required by this subsection shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary. (b) Examination of Contractor Accounting Practices.--Any individual or entity under contract with the Federal Government to provide mission critical or emergency essential functions after January 1, 2011, shall allow the specified congressional committees to examine their accounting practices with respect to any such contract quarterly and upon request. (c) Requirements Relating to Contract Renewals.--Any contract with the Federal Government requiring personnel to perform mission critical or emergency essential functions that is proposed to be renewed after the date of the enactment of this Act may be renewed only if-- (1) the President reports to the specified congressional committees that the relevant agency does not have adequate personnel to perform the duties stipulated in the contract; and (2) the President certifies that-- (A) all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses; (B) no contract employees are subject to pending criminal charges; (C) all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction); (D) contract employees, if accused of crimes by the host country, must remain in the custody of the United States; and (E) the contract includes whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions. SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. (a) Requirement To Allow Congress Access to Copies and Descriptions of Contracts and Task Orders in Excess of $5,000,000 for Work To Be Performed in Iraq and Afghanistan.-- (1) Requirement regarding contracts and task orders before enactment.--The Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall allow the chairman and the ranking minority member of each specified congressional committee access to a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $5,000,000 entered into by the Department of Defense, the Department of State, the Department of the Interior, and the Agency for International Development, respectively, during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. (2) Form of submissions.--The copies and descriptions required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary. (b) Reports on Iraq and Afghanistan Contracts.--The Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall each submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information: (1) The number of persons performing work in Iraq and Afghanistan under contracts (and subcontracts at any tier) entered into by Department of Defense, the Department of State, the Department of the Interior, and the United States Agency for International Development, respectively. (2) The total cost of such contracts. (3) The total number of persons who have been wounded or killed in performing work under such contracts. (4) A description of the disciplinary actions that have been taken against persons performing work under such contracts by the contractor, the United States Government, or the Government of Iraq or Afghanistan.

Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only government personnel provide security services at U.S. diplomatic or consular missions in Iraq or Afghanistan. Requires the President to report to Congress, by June 1, 2010, on the status of planning for the use, by January 1, 2011, of government and military personnel instead of private contractors for mission critical or emergency essential functions in all conflict zones where Congress has authorized the use of force. Directs any individual or entity under contract with the federal government to provide mission critical or emergency essential functions after such date to allow Congress to examine their accounting practices. Outlines additional requirements relating to renewals of such contracts. Authorizes specified congressional access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the United States Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. Requires certain reports to Congress regarding contracts for the performance of work in Iraq and Afghanistan.

To phase out the use of private military contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ALS Registry Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Amyotrophic Lateral Sclerosis (referred to in this section as ``ALS'') is a fatal, progressive neurodegenerative disease that affects motor nerve cells in the brain and the spinal cord. (2) The average life expectancy for a person with ALS is 2 to 5 years from the time of diagnosis. (3) The cause of ALS is not well understood. (4) There is only one drug currently approved by the Food and Drug Administration for the treatment of ALS, which has thus far shown only modest effects, prolonging life by just a few months. (5) There is no known cure for ALS. (6) More than 5,000 individuals in the United States are diagnosed with ALS annually and as many as 30,000 individuals may be living with ALS in the United States today. (7) Studies have found relationships between ALS and environmental and genetic factors, but those relationships are not well understood. (8) Scientists believe that there are significant ties between ALS and any motor neuron diseases. (9) Several ALS disease registries and databases exist in the United States and throughout the world, including the SOD1 database, the National Institute of Neurological Disorders and Stroke repository, and the Department of Veterans Affairs ALS Registry. (10) A single national system to collect and store information on the prevalence and incidence of ALS in the United States does not exist. (11) The establishment of a national registry will help-- (A) identify the incidence and prevalence of ALS in the United States; (B) collect data important to the study of ALS; (C) promote a better understanding of ALS; (D) promote research into the genetic and environmental factors that cause ALS; (E) provide a means for patients to contact scientists researching the environmental and genetic factors that cause ALS as well as those engaged in clinical trials; and (F) enhance efforts to find treatments and a cure for ALS. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY. ``(a) Establishment.-- ``(1) In general.--Not later than 6 months after the receipt of the report described in subsection (b)(2)(A), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with a national voluntary health organization with experience serving the population of individuals with amyotrophic lateral sclerosis (referred to in this section as `ALS'), shall-- ``(A) develop a system to collect data on ALS, including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national registry for the collection and storage of such data to include a population-based registry of cases of ALS in the United States. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to-- ``(A) gather data concerning-- ``(i) ALS, including the incidence and prevalence of ALS in the United States; ``(ii) the environmental and occupational factors that may be associated with the disease; ``(iii) the age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; and ``(iv) other matters as recommended by the Advisory Committee established under subsection (b); and ``(B) establish a secure method to put patients in contact with scientists studying the environmental, and genetic causes of motor neuron disease or conducting clinical trials on therapies for motor neuron disease. ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to be known as the Advisory Committee on the National ALS Registry (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, representing each of the following: ``(A) National voluntary health associations that focus solely on ALS that have a demonstrated experience in ALS research, care, and patient services. ``(B) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the National Institute of Neurological Disorders and Stroke and the National Institute of Environmental Health Sciences. ``(C) The Department of Veterans Affairs. ``(D) The Agency for Toxic Substances and Disease Registry. ``(E) The Centers for Disease Control and Prevention. ``(F) Patients with ALS or their family members. ``(G) Clinicians who have worked with data registries. ``(H) Epidemiologists with experience in data registries. ``(I) Geneticists or experts in genetics who have experience with the genetics of ALS or other neurological diseases. ``(J) Statisticians. ``(K) Ethicists. ``(L) Attorneys. ``(M) Other individuals with an interest in developing and maintaining the National ALS Registry. ``(2) Duties.--The Advisory Committee shall conduct a study and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the National ALS Registry; ``(B) the type of information to be collected and stored in the Registry; ``(C) the manner in which such data is to be collected; ``(D) the use and availability of such data including guidelines for such use; and ``(E) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS. ``(3) Report.--Not later than 6 months after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report concerning the study conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such study. ``(c) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS. ``(d) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the National ALS Registry under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the Department of Veterans Affairs ALS Registry; ``(ii) the DNA and Cell Line Repository of the National Institute of Neurological Disorders and Stroke Human Genetics Resource Center; ``(iii) Agency for Toxic Substances and Disease Registry studies, including studies conducted in Illinois, Missouri, El Paso and San Antonio Texas, and Massachusetts; ``(iv) State-based ALS registries, including the Massachusetts ALS Registry; ``(v) the National Vital Statistics System; and ``(vi) any other existing or relevant databases that collect or maintain information on those motor neuron diseases recommended by the Advisory Committee established in subsection (b); and ``(B) provide for public access to an electronic national database that accepts data from State-based registries, health care professionals, and others as recommended by the Advisory Committee established in subsection (b) in a manner that protects personal privacy consistent with medical privacy regulations. ``(2) Coordination with nih and department of veterans affairs.--Notwithstanding the recommendations of the Advisory Committee established in subsection (b), the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health and the Department of Veterans Affairs. ``(e) Definition.--For the purposes of this section, the term `national voluntary health association' means a national non-profit organization with chapters or other affiliated organizations in States throughout the United States. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $25,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007 through 2010.''.

ALS Registry Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on amyotrophic lateral sclerosis (ALS); and (2) establish a national registry for the collection and storage of ALS data. Requires the Secretary, acting through the Director, to establish the Advisory Committee on the National ALS Registry to study and make recommendations to the Secretary concerning: (1) the development and maintenance of the registry; (2) the type of information to be included; (3) the manner in which data is to be collected; (4) the use and availability of such data; and (5) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS. Allows the Secretary, acting through the Director, to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for public access to an electronic national database that accepts data from state registries, health care professionals, and others as recommended by the Advisory Committee in a manner that protects personal privacy. Requires the Secretary to ensure that epidemiological and other types of information is made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs.

A bill to amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Service Business Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Check cashers, money transmitters, and other legally authorized and regulated money transmitting businesses (also designated as money services businesses) provide a wide range of necessary financial services and products to customers from all walks of life, including the under-banked and urban communities. (2) Those services include domestic and international funds transfers, check cashing, money order and traveler's check sales, and electronic bill payments. (3) Regulatory guidance issued by, and expectations of, the Federal banking agencies and the Secretary of the Treasury urge insured depository institutions to conduct reviews of money services businesses' anti-money laundering compliance programs, placing such depository institutions in the position of quasi- regulators. (4) Consequently, many insured depository institutions have refused or closed money services businesses' accounts in order either not to incur the burden, risk or potential liability for undertaking a de facto regulatory function, or else to avoid supervisory sanctions for not exercising such oversight. (5) This trend endangers the existence of legitimate, regulated money services businesses' industry and the ability of such businesses to deliver financial services and products. (6) Loss of depository institution accounts by money services businesses threatens to drive the customer transactions of such businesses underground through unregulated channels, including bulk cash smuggling or other means. (7) It is critical to the interests of national security that transparency of money services businesses' transactions be maintained by ensuring such businesses have a reasonable process to demonstrate to insured depository institutions the compliance by such businesses with anti-money laundering and counter-terrorism financing obligations. (8) Money services businesses are subject to Federal money laundering and terrorist financing control programs and reporting requirements as enforced by State and Federal regulators, including the Secretary of the Treasury, which are authorized to conduct compliance oversight and to impose sanctions through licensing, registration or other powers. (9) These State and Federal regulators have committed to coordinate their supervision and enforcement of such money services businesses' obligations. (10) Insured depository institutions and Federal banking regulators should be able to rely on a regulatory process for conducting oversight of money services businesses' compliance with subchapter II of chapter 53 of title 31, United States Code, as well as on a process of self-certification by legitimate money services businesses that attest to such compliance. (11) Accordingly, to eliminate regulatory burden imposed on insured depository institutions and promote access by money services businesses to the banking system and to give full recognition to Federal and State agency authority to supervise and enforce money services businesses' compliance with anti- money laundering and counter-terrorism financing obligations and their implementing regulations, it is appropriate and necessary to provide for the self-certification process established pursuant to this Act. SEC. 3. SELF-CERTIFICATION PROCESS FOR MONEY SERVICES BUSINESSES ESTABLISHED. (a) In General.--Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraphs: ``(4) Money transmitting business accounts.-- ``(A) In general.--A federally insured depository institution that maintains an account for a money transmitting business (as defined in section 5330(d)(1)) shall have no obligation to review the compliance of that business, or any agent thereof, with that business's or agent's obligations under this section, if the institution has on file-- ``(i) a certification submitted by the money transmitting business that meets the requirements of paragraph (5)(A); or ``(ii) in the case of an agent of a money transmitting business-- ``(I) the certification required under paragraph (5)(B); and ``(II) a certification from the business that the named agent is authorized to act as the principal's agent. ``(B) Penalties.-- ``(i) Civil penalties.--A money transmitting business or an agent of any such business making a material misrepresentation in a certification referred to in subparagraph (A) shall be subject to the civil penalties prescribed under section 5321 without regard to whether such violation was willful. ``(ii) Criminal penalties.--A person who knowingly makes a material misrepresentation in a certification referred to in subparagraph (A) shall be subject to penalties prescribed under section 5322 without regard to whether such violation was willful. ``(C) Rule of construction.--No provision of this paragraph shall be construed as requiring any federally insured depository institution to establish, maintain, administer or manage an account for a money transmitting business or an agent of any such business. ``(D) Reliance for insured depository institutions.--A federally insured depository institution shall have no liability under this chapter for the failure of any money transmitting business or an agent of any such business to comply with any provision of this section and regulations prescribed under any such provision. ``(E) Federally insured depository institution defined.--The term `federally insured depository institution' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) and any insured credit union (as defined in section 101(7) of the Federal Credit Union Act). ``(5) Paragraph (4) certification.-- ``(A) Money transmitting business.--A certification by a money transmitting business meets the requirement of paragraph (4) if the money transmitting business certifies as follows, to the satisfaction of the Secretary: ``(i) The business is in compliance with paragraph (1) and regulations prescribed by the Secretary under such paragraph. ``(ii) The business maintains an anti-money laundering program covering all of the identified capacities through which the business acts as a money transmitting business that includes the components of the program specified in subparagraphs (A) through (D) of paragraph (1). ``(iii) The business is licensed or registered as a money transmitting business by each State-- ``(I) within which the business operates as a money transmitting business; and ``(II) which requires such licensing or registration. ``(iv) The business is registered with the Secretary in accordance with section 5330, and regulations prescribed under such section, and remains in full compliance with such section and regulations. ``(B) Agents of a money transmitting business.--A certification by an agent of a money transmitting business meets the requirement of paragraph (4) if the agent certifies as follows, to the satisfaction of the Secretary: ``(i) The agent is an agent of a money transmitting business that meets the requirements of clauses (i) through (iv) of subparagraph (A). ``(ii) If applicable, the agent appears on the list of agents of the money transmitting business maintained by the business pursuant to section 5330(c)(1). ``(iii) The agent-- ``(I) operates as an agent for a money transmitting business pursuant to a written contract; ``(II) will act honestly and in compliance with all applicable laws when conducting any business as an agent for a money transmitting business; and ``(III) will immediately notify any federally insured depository institution to which the certification is submitted of the occurrence of any material change in the relationship of the agent with the money transmitting business, including termination or suspension, or the institution of any criminal or administrative proceeding commenced against the agent. ``(iv) The agent is licensed or registered as a money transmitting business, or as an agent of such business, by any State-- ``(I) within which the agent operates as an agent of a money transmitting business; and ``(II) which requires any such licensing or registration. ``(v) The agent is not required to be registered with the Secretary as a money transmitting business pursuant to regulations prescribed by the Secretary under section 5330(c)(2).''. (b) Regulations.--The Secretary of the Treasury shall prescribe such regulations as the Secretary determines to be appropriate to implement the amendments made by subsection (a), in final form, before the end of the 120-day period beginning on the date of the enactment of this Act.

Money Service Business Act of 2009 - Revises certain requirements for anti-money laundering programs with respect to federally insured depository institutions. Declares that, if such institutions have on file specified mandatory self-certifications submitted by a money transmitting business for which the institutions maintain an account, the institutions have no obligation to review the compliance of the money transmitting business with federal anti-money laundering requirements. Sets forth civil and criminal penalties for violations of this Act without regard to whether such violations were willful. Shields an institution from liability for the noncompliance of a money transmitting business with federal anti-money laundering requirements. Prescribes requirements for a self-certification by a money transmitting business that it is in compliance with federal anti-money laundering requirements.

To amend section 5318 of title 31, United States Code, to eliminate regulatory burdens imposed on insured depository institutions and money services businesses and enhance the availability of transaction accounts at depository institutions for such business, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment'' or ``CARE Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent or legal guardian, on a farm owned or operated by such parent or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. YOUTH PEDDLING. (a) Fair Labor Standards Act Coverage.-- (1) Finding.--The last sentence of section 2(a) (29 U.S.C. 202(a)) is amended by inserting after ``households'' the following: ``, and the employment of employees under the age of 16 years in youth peddling,''. (2) Definition.--Section 3 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Youth peddling' means selling goods or services to customers at their residences, places of business, or public places such as street corners or public transportation stations. `Youth peddling' does not include the activities of persons who, as volunteers, sell goods or services on behalf of not-for-profit organizations.''. (b) Definition of Oppressive Child Labor.--Section 3(l) (29 U.S.C. 203(l)) is amended-- (1) in paragraph (1) of the first sentence, by inserting ``youth peddling,'' after ``occupation other than''; and (2) in the last sentence by inserting ``youth peddling,'' after ``occupations other than''. (c) Prohibition of Youth Peddling.--Section 12(c) (29 U.S.C. 212(c)) is amended by inserting after ``oppressive child labor in commerce or in the production of goods for commerce'' the following: ``, or in youth peddling,''. SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000, or to imprisonment for not more than 5 years, or both, in the case of a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee, or a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR. Section 12(a) (29 U.S.C. 212(a)) is amended by striking the period at the end and inserting the following: ``: And provided further, that the Secretary shall determine the circumstances under which such goods may be allowed to be shipped or delivered for shipment in interstate commerce.''. SEC. 6. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary, and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 7. REGULATIONS. (a) In General.--The Secretary of Labor shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act. Such regulations shall be promulgated through notice and comment rulemaking in accordance with chapter 5 of title 5, United States Code, taking into consideration the best available data and including procedures to obtain and consider the views of interested parties, such as agricultural employers, workers, and injury prevention experts. (b) Existing Regulations.-- (1) In general.--The regulations of the Secretary of Labor that are in effect on the date of enactment of this Act which identify occupations in agriculture that are particularly hazardous for the employment of children under the age of 16 (contained in section 570.71 of title 29, Code of Federal Regulations) shall continue in effect until superseded by regulations promulgated under subsection (a). Prior to the promulgation of such regulations, children ages 14 and 15 may be employed outside of school hours, in occupations in agriculture other than the occupations that are identified in the regulations referred to in the proceeding sentence as being particularly hazardous. (2) Applicability.--The regulations referred to in paragraph (1) that are in effect on the date of enactment of this Act, shall be applicable only to the employment of children under the age of 16. (3) Rule of construction.--Nothing in this subsection shall be construed to restrict the agricultural occupations in which children ages 16 and 17 may be employed until such time as the Secretary of Labor promulgates regulations pursuant to subsection (a) to identify agricultural occupations that are particularly hazardous for the employment of such children, or detrimental to their health or well-being. (c) Consultation.--With respect to the promulgation of regulations to identify agricultural occupations which are particularly hazardous for the employment of children under the age of 18 or detrimental to the health or well-being of such children, the Secretary of Labor shall consult and collaborate with the Secretary of Agriculture, and shall include in such regulations a process by which children may be employed in such occupations as vocational agriculture student-learners so long as such children have successfully completed a Cooperative State Research, Education, and Extension Service training program or have successfully completed a bona fide agricultural education training program. During the rulemaking process under this section, the Secretary of Agriculture shall cooperate with the Secretary of Labor, including providing advice and technical expertise. SEC. 8. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act.

(Sec. 2) Repeals certain exemptions from child labor prohibitions for agricultural employment. Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by his or her parent or legal guardian, on a farm owned or operated by such parent or legal guardian. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. (Sec. 3) Prohibits employment of individuals under age 16 in youth peddling. Excludes from the definition of youth peddling volunteer selling of goods or services on behalf of not-for-profit organizations. (Sec. 4) Increases civil and criminal penalties for child labor violations. (Sec. 5) Directs the Secretary of Labor (the Secretary) to determine the circumstances under which goods tainted by oppressive child labor may be allowed to be shipped or delivered for shipment in interstate commerce. (Sec. 6) Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to submit information regarding injuries and deaths of employees to the Secretary, upon request, for specified use in enforcement and other uses under FLRA. Authorizes the Secretary to reimburse such agencies for such services. (Sec. 7) Directs the Secretary to: (1) collaborate with the Secretary of Agriculture on regulations to identify agricultural occupations which are particularly hazardous for the employment of children under the age of 18 or detrimental to the health or well-being of such children; and (2) include in such regulations a process by which children may be employed in such occupations as vocational agriculture student-learners if they have successfully completed a Cooperative State Research, Education, and Extension Service training program or a bona fide agricultural education training program. (Sec. 8) Authorizes appropriations.

CARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Petroleum Reserve Reform Act''. SEC. 2. USE OF UNDERUSED STRATEGIC PETROLEUM RESERVE FACILITIES. (a) In General.--Section 168 of the Energy Policy and Conservation Act (42 U.S.C. 6247a) is amended to read as follows: ``SEC. 168. USE OF UNDERUSED FACILITIES. ``(a) Leasing of Facilities.-- ``(1) In general.--Notwithstanding any other provision of this title, the Secretary may establish a program (referred to in this section as the `program') under which the Secretary may lease underused storage facilities and related facilities of the Strategic Petroleum Reserve to-- ``(A) private entities; and ``(B) foreign governments. ``(2) Exclusion from strategic petroleum reserve.-- Petroleum products stored in a storage facility or related facility leased under the program shall not be part of the Strategic Petroleum Reserve. ``(b) Protection of Facilities.--Each lease entered into under the program shall contain provisions requiring the lessee to pay fees to fully compensate the United States for all costs relating to the storage and removal of petroleum products (including the proportionate cost of any replacement facility necessitated as a result of any withdrawal) incurred by the United States as a result of the lease. ``(c) Access to Petroleum Products by the United States.--The Secretary shall ensure that each lease entered into under the program shall not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to-- ``(1) an energy emergency; or ``(2) the obligations of the United States under the international energy program. ``(d) National Security.--The Secretary shall ensure that any lease entered into under the program with a foreign government shall not impair national security. ``(e) Deposits of Amounts Received.-- ``(1) In general.--Except as provided in paragraph (2), amounts received from a lease entered into under the program shall be deposited in the general fund of the Treasury during the fiscal year in which the amounts are received. ``(2) Payment of costs.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary, without further appropriation, may use amounts received from a lease entered into under the program for the costs described in subsection (b). ``(B) Exception.--The Secretary may not use amounts received from a lease entered into under the program for any cost described in subsection (f). ``(f) Preparation of Facilities.--The Secretary may use amounts available in the Energy Security and Infrastructure Modernization Fund established by section 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6239 note; Public Law 114-74) for costs described in subsection (b) that relate to the addition of a facility or changes to a facility or facility operations necessary to lease the facility, including costs relating to-- ``(1) the acquisition of land; ``(2) the acquisition of any ancillary facility or equipment; ``(3) site development; and ``(4) other necessary costs relating to capital improvement.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by striking the item relating to section 168 and inserting the following: ``Sec. 168. Use of underused facilities.''. SEC. 3. PILOT PROGRAM TO LEASE STRATEGIC PETROLEUM RESERVE FACILITIES. (a) In General.--Part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.) is amended by adding at the end the following: ``SEC. 170. PILOT PROGRAM TO LEASE STORAGE AND RELATED FACILITIES. ``(a) Establishment.--Not later than 180 days after the date of enactment of the Strategic Petroleum Reserve Reform Act, as part of the program established under section 168, the Secretary shall establish a pilot program (referred to in this section as the `pilot program') to make available for lease-- ``(1) capacity for storage of not more than 200,000,000 barrels of petroleum products at storage facilities of the Strategic Petroleum Reserve; and ``(2) related facilities. ``(b) Contents.--In carrying out the pilot program, the Secretary shall-- ``(1) identify appropriate storage facilities and related facilities of the Strategic Petroleum Reserve to lease, to make maximum use of those facilities; ``(2) identify and implement any changes to facilities or facility operations necessary to lease the facilities identified under paragraph (1), including any changes necessary to ensure the long-term structural viability and use of the facilities for purposes of this part and part C; ``(3) make the facilities identified under paragraph (1) available for lease; and ``(4) identify environmental effects, including benefits, of leasing storage facilities and related facilities of the Strategic Petroleum Reserve. ``(c) Report.--Not later than 1 year after the date of enactment of the Strategic Petroleum Reserve Reform Act, the Secretary shall submit to Congress a report describing the status of the pilot program.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part B of title I the following: ``Sec. 170. Pilot program to lease storage and related facilities.''.

Strategic Petroleum Reserve Reform Act This bill amends the Energy Policy and Conservation Act to authorize the Department of Energy (DOE)to lease underutilized Strategic Petroleum Reserve storage facilities to private entities. Currently, DOE may only lease these storage facilities to foreign governments. DOE must conduct a pilot program to lease underutilized storage facilities. The program must make available capacity for storage of up to 200 million barrels of petroleum products.

Strategic Petroleum Reserve Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the `` Mercury Pollution Reduction Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife; (2) as many as 10 percent of women in the United States of childbearing age have mercury in their bloodstreams at a level that could pose risks to their unborn babies, and hundreds of thousands of children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero; (3) the most significant source of mercury exposure to people in the United States is ingestion of mercury- contaminated fish; (4) the long-term solution to mercury pollution is to minimize global mercury use and releases of mercury to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption, since uncontaminated fish represents a critical and healthy source of nutrition for people worldwide; (5) mercury pollution is a transboundary pollutant that-- (A) is deposited locally, regionally, and globally; and (B) affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle; (6) of the approximately 30 plants in the United States that produce chlorine, only 5 use the obsolete ``mercury cell'' chlor-alkali process, and 4 have not yet committed to phasing out mercury use; (7)(A) less than 5 percent of the total quantity of chlorine and caustic soda produced in the United States comes from the chlor-alkali plants described in paragraph (6) that use the mercury cell chlor-alkali process; (B) cost-effective alternatives are available and in use in the remaining 95 percent of chlorine and caustic soda production; and (C) other countries, including Japan, have already banned the mercury cell chlor-alkali process; (8) the chlor-alkali industry acknowledges that-- (A) mercury can contaminate products manufactured at mercury cell facilities; and (B) the use of some of those products results in the direct and indirect release of mercury; (9) despite those quantities of mercury known to have been used or to be in use, neither the chlor-alkali industry nor the Environmental Protection Agency is able-- (A) to adequately account for the disposition of the mercury used at those facilities; or (B) to accurately estimate current mercury emissions; and (10) it is critically important that the United States work aggressively toward the minimization of supply, demand, and releases of mercury, both domestically and internationally. SEC. 3. STATEMENT OF POLICY. Congress declares that the United States should develop policies and programs that will-- (1) reduce mercury use and emissions within the United States; (2) reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; and (3) reduce exposures to mercury, particularly exposures of women of childbearing age and young children. SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. (a) In General.--Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. ``(a) Definitions.--In this section: ``(1) Chlor-alkali facility.--The term `chlor-alkali facility' means a facility used for the manufacture of chlorine or caustic soda using a mercury cell process. ``(2) Hazardous waste; solid waste.--The terms `hazardous waste' and `solid waste' have the meanings given those terms in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). ``(b) Prohibition; Use Prior to Prohibition.-- ``(1) Prohibition.--Effective on the date 24 months after the enactment of this section, the manufacture of chlorine or caustic soda using mercury cells is prohibited in the United States and the export of any mercury, mercury cells, mercury compounds, and mixtures containing mercury by any person is prohibited. ``(2) Mercury storage.--Within 24 months after the enactment of this section, the Secretary of Energy shall develop a system for the storage of all mercury, mercury cells, mercury compounds, and mixtures containing mercury if such mercury, cell, compound, or mixture is from a chlor-alkali facility. ``(c) Reporting.-- ``(1) In general.--Not later than 24 months after the enactment of this section, the owner or operator of each chlor- alkali facility shall submit to the Administrator and the State in which the chlor-alkali facility is located a report that identifies-- ``(A) each type and quantity of mercury-containing hazardous waste and nonhazardous solid waste generated by the chlor-alkali facility during the preceding calendar year; ``(B) the mercury content of the wastes; ``(C) the manner in which each waste was managed, including the location of each offsite location to which the waste was transported for subsequent handling or management; ``(D) the volume of mercury released, intentionally or unintentionally, into the air or water by the chlor- alkali facility, including mercury released from emissions or vaporization; ``(E) the volume of mercury estimated to have accumulated in pipes and plant equipment of the chlor- alkali facility, including a description of-- ``(i) the applicable volume for each type of equipment; and ``(ii) methods of accumulation; and ``(F) the quantity and forms of mercury found in all products produced for sale by the chlor-alkali facility. ``(2) Avoidance of duplication.--To avoid duplication, the Administrator may permit the owner or operator of a facility described in paragraph (1) to combine and submit the report required under this subsection with any report required to be submitted by the owner or operator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). ``(d) Inventory.-- ``(1) In general.--For each chlor-alkali facility that ceases operations on or after January 1, 2009, not later than 1 year after the date of cessation of operations, the Administrator, in consultation with the State in which the facility is located, shall conduct a comprehensive mercury inventory covering the life and closure of the chlor-alkali facility, taking into account-- ``(A) the total quantity of mercury purchased to start and operate the chlor-alkali facility; ``(B) the total quantity of mercury remaining in mercury cells and other equipment at the time of closure of the chlor-alkali facility; ``(C) the estimated quantity of mercury in hazardous waste, nonhazardous solid waste, and products generated at the chlor-alkali facility during the operational life of the chlor-alkali facility; and ``(D) the estimated aggregate mercury releases from the chlor-alkali facility into air and other environmental media. ``(2) Records and information.--In carrying out paragraph (1), the Administrator is authorized and directed to obtain mercury purchase records and such other information from each chlor-alkali facility as are necessary to determine, as accurately as practicable from available information, the magnitude and nature of mercury releases from the chlor-alkali facility into air and other environmental media. ``(3) Authorities.--This Administrator shall use the authorities of section 11 and any other appropriate authorities of this Act to carry out this subsection.''. (b) Conforming Amendments.-- (1) Table of contents.--The table of contents of the Toxic Substances Control Act (15 U.S.C. 2601 note) is amended by inserting after the item relating to section 6 the following: ``Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.''. (2) Enforcement.--Section 15 of such Act is amended by striking out ``or 6'' and inserting ``, 6, or 6A'' in each place it appears.

Mercury Pollution Reduction Act of 2009 - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children. Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells; and (2) the export of any mercury, mercury cells, mercury compounds, and mixtures containing mercury. Requires the Secretary of Energy to develop a system for the storage of all mercury, mercury cells, mercury compounds, and mixtures containing mercury from a chlor-alkali facility. Requires the owner or operator of each chlor-alkali facility to report to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located on mercury waste, emissions, and content in products. Requires the Administrator to: (1) conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after January 1, 2009; and (2) obtain mercury purchase records and such other information from each such facility as are necessary to determine the magnitude and nature of mercury releases from the facility into air and other environmental media.

To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Year 2010 Federal Aviation Administration Extension Act''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2009'' and inserting ``January 1, 2010''; and (2) by inserting ``or the Fiscal Year 2010 Federal Aviation Administration Extension Act'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``October 1, 2009'' and inserting ``January 1, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103 of title 49, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following: ``(7) $1,000,000,000 for the 3-month period beginning on October 1, 2009.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``October 1, 2009.'' and inserting ``January 1, 2010.''. (b) Section 41743(e)(2) of such title is amended by striking ``2009'' and inserting ``2010''. (c) Section 44302(f)(1) of such title is amended-- (1) by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''; and (2) by striking ``December 31, 2009,'' and inserting ``March 31, 2010,''. (d) Section 44303(b) of such title is amended by striking ``December 31, 2009,'' and inserting ``March 31, 2010,''. (e) Section 47107(s)(3) of such title is amended by striking ``October 1, 2009.'' and inserting ``January 1, 2010.''. (f) Section 47115(j) of such title is amended by inserting ``and for the portion of fiscal year 2010 ending before January 1, 2010,'' after ``2009,''. (g) Section 47141(f) of such title is amended by striking ``September 30, 2009.'' and inserting ``December 31, 2009.''. (h) Section 49108 of such title is amended by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''. (i) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by inserting ``, or in the portion of fiscal year 2010 ending before January 1, 2010,'' after ``fiscal year 2009''. (j) Section 186(d) of such Act (117 Stat. 2518) is amended by inserting ``and for the portion of fiscal year 2010 ending before January 1, 2010,'' after ``2009,''. (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2009.'' and inserting ``September 30, 2010.''. (l) The amendments made by this section shall take effect on October 1, 2009. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following: ``(F) $2,338,287,375 for the 3-month period beginning on October 1, 2009.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) $733,444,250 for the 3-month period beginning on October 1, 2009.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by striking the period at the end of paragraph (13) and inserting ``; and''; and (3) by adding at the end the following: ``(14) $46,250,000 for the 3-month period beginning on October 1, 2009.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fiscal Year 2010 Federal Aviation Administration Extension Act - Amends the Internal Revenue Code to extend through December 31, 2009: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund. Authorizes appropriations through the three-month period beginning on October 1, 2009, for airport improvement program (AIP) projects, including project grant authority. Extends through December 31, 2009, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) state and local airport land use compatibility projects; (4) the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee; (5) the temporary increase to 95% in the government share of certain AIP project costs; and (6) Midway Island airport development. Extends through FY2010 the authorization of appropriations for agreements the Secretary of Transportation makes for assistance under the small community air service development program. Extends through December 31, 2009, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through March 31, 2010. Extends through March 31, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism. Extends through December 31, 2009, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants. Extends through FY2010 the termination date of any order issued by the Secretary with respect to the eligibility of certain places for essential air service compensation. Extends through the three-month period beginning on October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing the Interstate Placement of Children in Foster Care Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) when a child in foster care cannot return safely home, the child deserves to be placed in a setting that is best for that child, regardless of whether it is in the child's State or another State; (2) the Interstate Compact on the Placement of Children (ICPC) was established in 1960 to provide a uniform legal framework for the placement of children across State lines in foster and adoptive homes; (3) frequently, children waiting to be placed with an adoptive family, relative, or foster parent in another State spend more time waiting for this to occur than children who are placed with an adoptive, family, relative, or foster parent in the same State, because of the outdated, administratively burdensome ICPC process; (4) no child should have to wait longer to be placed in a loving home simply because the child must cross a State line; (5) the National Electronic Interstate Compact Enterprise (NEICE) was launched in August 2014 in Indiana, Nevada, Florida, South Carolina, Wisconsin, and the District of Columbia, and is expected to be expanded into additional States to improve the administrative process by which children are placed with families across State lines; (6) States using this centralized electronic interstate case processing system have reduced administrative costs and the amount of staff time required to process these cases, and caseworkers can spend more time helping children instead of copying and mailing paperwork between States; (7) since NEICE was launched, placement time has decreased by 30 percent for interstate foster care placements; and (8) on average, States using this centralized electronic interstate case processing system have been able to reduce from 24 days to 13 days the time it takes to identify a family for a child and prepare the paperwork required to start the ICPC process. SEC. 3. STATE PLAN REQUIREMENT. (a) In General.--Section 471(a)(25) of the Social Security Act (42 U.S.C. 671(a)(25)) is amended-- (1) by striking ``provide'' and insert ``provides''; and (2) by inserting ``, which, not later than October 1, 2022, shall include a centralized electronic interstate case processing system'' before the 1st semicolon. (b) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirement imposed by the amendments made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 4. GRANTS FOR THE DEVELOPMENT OF A CENTRALIZED ELECTRONIC SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION. (a) In General.--Section 437 of the Social Security Act (42 U.S.C. 637) is amended by adding at the end the following: ``(g) Grants for the Development of a Centralized Electronic System To Expedite the Interstate Placement of Children in Foster Care or Guardianship, or for Adoption.-- ``(1) Purpose.--The purpose of this subsection is to facilitate the development of a centralized electronic system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines. ``(2) Application requirements.--A State that desires a grant under this subsection shall submit to the Secretary an application containing the following: ``(A) A description of the goals and outcomes to be achieved during the period for which grant funds are sought, which goals and outcomes must result in-- ``(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines; ``(ii) improving administrative processes and reducing costs in the foster care system; and ``(iii) the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children. ``(B) A description of the activities to be funded in whole or in part with the grant funds, including the sequencing of the activities. ``(C) A description of the strategies for integrating programs and services for children who are placed across State lines. ``(D) Such other information as the Secretary may require. ``(3) Grant authority.--The Secretary may make a grant to a State that complies with paragraph (2). ``(4) Use of funds.--A State to which a grant is made under this subsection shall use the grant for the development of the centralized electronic system described in paragraph (1). ``(5) Evaluations.--Not later than 1 year after the final year in which grants are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, that contains the following information: ``(A) How using the centralized electronic system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines. ``(B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the centralized electronic system, and the number of interstate child placement cases that were processed outside the centralized electronic system, by each State in each year. ``(C) The progress made by States in implementing the centralized electronic system. ``(D) How using the centralized electronic system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines. ``(E) How using the centralized electronic system has affected administrative costs and caseworker time spent on placing children across State lines. ``(6) Data integration.--The Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the centralized electronic system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by-- ``(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems); ``(B) simplifying and improving reporting related to paragraphs (34) and (35) of section 471(a) regarding children or youth who have been identified as being a sex trafficking victim or children missing from foster care; and ``(C) improving the ability of States to quickly comply with background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B).''. SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND STABLE FAMILIES. Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is amended by striking ``2016'' and inserting ``2017''. SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF CHILDREN. Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is amended by adding at the end the following: ``(4) Improving the interstate placement of children.--The Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2017 for grants under subsection (g), and the amount so reserved shall remain available through fiscal year 2021.''.

Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include a centralized electronic case processing system. Grants are authorized for development of a centralized electronic system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2017 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2017, which reserved amount shall remain available through FY2021.

Modernizing the Interstate Placement of Children in Foster Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) of the nearly 800 bird species known to occur in the United States, approximately 500 migrate among countries, and the large majority of those species, the neotropical migrants, winter in Latin America and the Caribbean; (2) neotropical migratory bird species provide invaluable environmental, economic, recreational, and aesthetic benefits to the United States, as well as to the Western Hemisphere; (3)(A) many neotropical migratory bird populations, once considered common, are in decline, and some have declined to the point that their long-term survival in the wild is in jeopardy; and (B) the primary reason for the decline in the populations of those species is habitat loss and degradation (including pollution and contamination) across the species' range; and (4)(A) because neotropical migratory birds range across numerous international borders each year, their conservation requires the commitment and effort of all countries along their migration routes; and (B) although numerous initiatives exist to conserve migratory birds and their habitat, those initiatives can be significantly strengthened and enhanced by increased coordination. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to perpetuate healthy populations of neotropical migratory birds; (2) to assist in the conservation of neotropical migratory birds by supporting conservation initiatives in the United States, Latin America, and the Caribbean; and (3) to provide financial resources and to foster international cooperation for those initiatives. SEC. 4. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Neotropical Migratory Bird Conservation Account established by section 9(a). (2) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a species of neotropical migratory bird to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including-- (A) protection and management of neotropical migratory bird populations; (B) maintenance, management, protection, and restoration of neotropical migratory bird habitat; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--The Secretary shall establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. (b) Project Applicants.--A project proposal may be submitted by-- (1) an individual, corporation, partnership, trust, association, or other private entity; (2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; (3) a State, municipality, or political subdivision of a State; (4) any other entity subject to the jurisdiction of the United States or of any foreign country; and (5) an international organization (as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288)). (c) Project Proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that-- (1) includes-- (A) the name of the individual responsible for the project; (B) a succinct statement of the purposes of the project; (C) a description of the qualifications of individuals conducting the project; and (D) an estimate of the funds and time necessary to complete the project, including sources and amounts of matching funds; (2) demonstrates that the project will enhance the conservation of neotropical migratory bird species in Latin America, the Caribbean, or the United States; (3) includes mechanisms to ensure adequate local public participation in project development and implementation; (4) contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (5) demonstrates sensitivity to local historic and cultural resources and complies with applicable laws; (6) describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory birds; and (7) provides any other information that the Secretary considers to be necessary for evaluating the proposal. (d) Project Reporting.--Each recipient of assistance for a project under this Act shall submit to the Secretary such periodic reports as the Secretary considers to be necessary. Each report shall include all information required by the Secretary for evaluating the progress and outcome of the project. (e) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of each project shall be not greater than 33 percent. (2) Non-federal share.-- (A) Source.--The non-Federal share required to be paid for a project shall not be derived from any Federal grant program. (B) Form of payment.-- (i) Projects in the united states.--The non-Federal share required to be paid for a project carried out in the United States shall be paid in cash. (ii) Projects in foreign countries.--The non-Federal share required to be paid for a project carried out in a foreign country may be paid in cash or in kind. SEC. 6. DUTIES OF THE SECRETARY. In carrying out this Act, the Secretary shall-- (1) develop guidelines for the solicitation of proposals for projects eligible for financial assistance under section 5; (2) encourage submission of proposals for projects eligible for financial assistance under section 5, particularly proposals from relevant wildlife management authorities; (3) select proposals for financial assistance that satisfy the requirements of section 5, giving preference to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by relevant wildlife management authorities; and (4) generally implement this Act in accordance with its purposes. SEC. 7. COOPERATION. (a) In General.--In carrying out this Act, the Secretary shall-- (1) support and coordinate existing efforts to conserve neotropical migratory bird species, through-- (A) facilitating meetings among persons involved in such efforts; (B) promoting the exchange of information among such persons; (C) developing and entering into agreements with other Federal agencies, foreign, State, and local governmental agencies, and nongovernmental organizations; and (D) conducting such other activities as the Secretary considers to be appropriate; and (2) coordinate activities and projects under this Act with existing efforts in order to enhance conservation of neotropical migratory bird species. (b) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of neotropical migratory birds. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued. SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Neotropical Migratory Bird Conservation Account'', which shall consist of amounts deposited into the Account by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Account.--The Secretary of the Treasury shall deposit into the Account-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Account. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Account, without further Act of appropriation, to carry out this Act. (2) Administrative expenses.--Of amounts in the Account available for each fiscal year, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this Act. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Account. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Account to carry out this Act $8,000,000 for each of fiscal years 1999 through 2002, to remain available until expended, of which not less than 50 percent of the amounts made available for each fiscal year shall be expended for projects carried out outside the United States. Passed the Senate October 8 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities; (2) Federal, State, or local government entities or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations. Limits the Federal share of project costs to 33 percent. Authorizes the Secretary to convene an advisory group of individuals representing organizations involved in neotropical migratory bird conservation to assist in carrying out this Act. Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations to the Account for FY 1999 through 2002 to carry out this Act.

Neotropical Migratory Bird Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Tribunals Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000 attack on the USS COLE and the September 11, 2001 attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) In violation of the resolutions of the United Nations, the Taliban of Afghanistan provided a safe haven to the al Qaeda terrorist organization and its leaders and allowed the territory of that country to be used as a base from which to sponsor international terrorist operations. (4) The United Nations Security Council, in Resolution 1267, declared in 1999 that the actions of the Taliban constitute a threat to international peace and security. (5) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (6) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (7) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (8) The United States and its allies are engaged in armed conflict with al Qaeda and the Taliban. (9) Military trials of the terrorists may be appropriate to protect the safety of the public and those involved in the investigation and prosecution, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, and otherwise to protect national security interests. (10) Military trials that provide basic procedural guarantees of fairness, consistent with the international law of armed conflict and the International Covenant on Civil and Political Rights (opened for signature December 16, 1966), would garner the support of the community of nations. (11) Due process, including the writ of habeas corpus and the right to an appeals process, must be afforded to any person subject to a military tribunal. (12) Preliminary proceedings should be established to determine whether jurisdiction over the person and over the charge is properly vested in the tribunal. (13) Article I, section 8, of the Constitution provides that the Congress, not the President, has the power to ``constitute Tribunals inferior to the Supreme Court; ... define and punish ... Offenses against the Law of Nations; ... make Rules concerning Captures on Land and Water; ... make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.''. (14) Without protections and reporting requirements in place, persons detained for an indefinite amount of time would have no recourse. A significant danger exists that due process might be evaded simply by failing to bring detainees before a tribunal for trial. (15) Congressional authorization is necessary for the establishment of extraordinary tribunals to adjudicate and punish offenses arising from the September 11, 2001 attacks against the United States and to provide a clear and unambiguous legal foundation for such trials. (16) Judicial review of individual detentions is best handled by a court that would not have to appoint special masters or magistrates to do the necessary fact finding. SEC. 3. ESTABLISHMENT OF EXTRAORDINARY TRIBUNALS. (a) Authority.--The President is hereby authorized to establish tribunals for the trial of individuals who-- (1) are not United States persons or residents; (2) are members of al Qaeda who knowingly planned, authorized, committed, aided, or abetted one or more terrorist acts against the United States, or members of other terrorist organizations who knowingly cooperated with members of al Qaeda in planning, authorizing, committing, aiding, or abetting one or more terrorists acts against the United States; and (3) are not prisoners of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, done on August 12, 1949. (b) Jurisdiction.--Tribunals established under subsection (a) may adjudicate violations of the law of war, international laws of armed conflict, and crimes against humanity targeted against United States persons or residents. (c) Authority To Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the rules of evidence and procedure that are to apply to tribunals established under subsection (a). SEC. 4. PROCEDURAL REQUIREMENTS. (a) In General.--The rules prescribed for a tribunal under section 3(c) shall be designed to ensure a full and fair hearing of the charges against the accused. The rules shall require the following: (1) That the tribunal be independent and impartial. (2) That the accused be notified of the particulars of the offense charged or alleged without delay. (3) That the proceedings be made simultaneously intelligible for participants not conversant in the English language by translation or interpretation. (4) That the evidence supporting each alleged offense be given to the accused, except as provided in section 4(d) of this Act. (5) That the accused have the opportunity to be present at trial. (6) That the accused have a right to be represented by counsel. (7) That the accused have the opportunity-- (A) to respond to the evidence supporting each alleged offense; (B) to obtain exculpatory evidence from the prosecution; and (C) to present exculpatory evidence. (8) That the accused have the opportunity to confront and cross-examine adverse witnesses and to offer witnesses. (9) That the proceeding and disposition be expeditious. (10) That the tribunal apply reasonable rules of evidence designed to ensure admission only of reliable information or material with probative value. (11) That the accused be afforded all necessary means of defense before and after the trial. (12) That conviction of an alleged offense be based only upon proof of individual responsibility for the offense. (13) That conviction of an alleged offense not be based upon an act, offense, or omission that was not an offense under law when it was committed. (14) That the penalty for an offense not be greater than it was when the offense was committed. (15) That the accused-- (A) be presumed innocent until proven guilty, and (B) not be found guilty except upon proof beyond a reasonable doubt. (16) That the accused not be compelled to confess guilt or testify against himself. (17) That, subject to subsections (c) and (d), the trial be open and public and include public availability of the transcripts of the trial and the pronouncement of judgment. (18) That a convicted person be informed of remedies and appeals and the time limits for the exercise of the person's rights to the remedies and appeals under the rules. (19) That a preliminary proceeding be held within 30 days of detention to determine whether there is jurisdiction under section 3 over the person and the offenses charged. The preliminary proceeding may be continued for an additional 30 days for good cause shown. (20) That the privilege of the writ of habeas corpus under title 28, United States Code, or under any other provision of law not be infringed. (21) That the tribunal be comprised of a military judge and not less than five members. (b) Imposition of the Death Penalty.--The requirements of the Uniform Code of Military Justice for the imposition of the death penalty shall apply in any case in which a tribunal established under section 3 is requested to adjudge the death penalty. (c) Public Proceedings.--Any proceedings conducted by a tribunal established under section 3, and the proceedings on any appeal of an action of the tribunal, shall be accessible to the public consistent with any demonstrable necessity to secure the safety of observers, witnesses, tribunal judges, counsel, or other persons. (d) Confidentiality of Evidence.--Evidence available from an agency of the Federal Government that is offered in a trial by a tribunal established under section 3 may be kept secret from the public only when the head of the agency personally certifies in writing that disclosure will cause-- (1) identifiable harm to the prosecution of military objectives or interfere with the capture of members of al Qaeda anywhere; (2) significant, identifiable harm to intelligence sources or methods; or (3) substantial risk that such evidence could be used for planning future terrorist attacks. (e) Review.-- (1) Procedures required.--The Secretary of Defense shall provide for prompt review of convictions by tribunals established under section 3 to ensure that the procedural requirements of a full and fair hearing have been met and that the evidence reasonably supports the convictions. (2) United states court of appeals for the armed forces.-- The procedures established under paragraph (1) shall, at a minimum, allow for review of the proceedings of the tribunals, and the convictions and sentences of such tribunals, by the United States Court of Appeals for the Armed Forces established under the Uniform Code of Military Justice. (3) Supreme court.--The decisions of the United States Court of Appeals for the Armed Forces regarding proceedings of tribunals established under section 3 shall be subject to review by the Supreme Court by writ of certiorari. SEC. 5. DETENTION. (a) In General.--The President may direct the Secretary of Defense to detain any person who is subject to a tribunal established under section 3 pursuant to rules and regulations that are promulgated by the Secretary and are consistent with international law of armed conflict. (b) Duration of Detention.-- (1) Limitation.--A person may be detained under subsection (a) only while-- (A) there is in effect for the purposes of this section a certification by the President that the United States Armed Forces are engaged in a state of armed conflict with al Qaeda or Taliban forces in the region of Afghanistan or with al Qaeda forces elsewhere; or (B) an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person, pursuant to the provisions of this Act, is ongoing. (2) Certification and recertification.--A certification of circumstances made under paragraph (1) shall be effective for 180 days. The President may make successive certifications of the circumstances. (c) Disclosure of Evidence.--Evidence that may establish that an accused is not a person described in subsection (a) shall be disclosed to the accused and his counsel, except that a summary of such evidence shall be provided to the accused and his counsel when the Attorney General personally certifies that disclosure of the evidence would cause identifiable harm to the prosecution of military objectives, to the capture of other persons who are subject to this Act or reside outside the United States, or to the prevention of future terrorist acts directed against Americans. A summary of evidence shall be as complete as is possible in order to provide the accused with an evidentiary basis to seek release from detention. (d) Detention Review.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to review any determination under this section that the requirements of this section for detaining an accused are satisfied. Findings of fact shall be sustained unless they are clearly erroneous. Conclusions of law and mixed questions of law and fact shall be subject to de novo review. (e) Conditions of Detention.--A person detained under this section shall be-- (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the President should seek the cooperation of United States allies and other nations in conducting the investigations and prosecutions, including extraditions, of the persons who are responsible for the September 11, 2001 attacks on the United States, and use to the fullest extent possible multilateral institutions and mechanisms for carrying out such investigations and prosecutions. SEC. 7. REPORTS TO CONGRESS. Not less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify-- (1) each individual subject to, or detained pursuant to, a military tribunal authorized by this Act; and (2) each individual detained pursuant to any actual or planned act of terrorism occurring on or after September 11, 2001, who has not been referred for trial in connection with that act of terrorism to a criminal court or to a military tribunal authorized by this Act. SEC. 8. DEFINITIONS. In this Act: (1) September 11, 2001 attacks on the united states.--The term ``September 11, 2001 attacks on the United States'' means the attacks on the Pentagon in the metropolitan area of Washington, District of Columbia, and the World Trade Center, New York, New York, on September 11, 2001, and includes the hijackings of American Airlines flights 77 and 11 and United Airlines flights 175 and 93 on that date. (2) United states person or resident.--The term ``United States person or resident'' means-- (A) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (B) an alien lawfully admitted to the United States for permanent residence. SEC. 9. TERMINATION OF AUTHORITY. The authority under this Act shall terminate at the end of December 31, 2005.

Military Tribunals Act of 2002 - Authorizes the President to establish tribunals for the trial of individuals who: (1) are not U.S. persons or residents; (2) are members of the al Qaeda organization or other terrorist organizations who cooperated with the al Qaeda in planning, authorizing, committing, aiding, or abetting one or more terrorist attacks against the United States; and (3) are not prisoners of war. Directs the Secretary of Defense to prescribe rules of evidence and procedure, incorporating specified requirements, to apply to the tribunals.Authorizes the President to direct the Secretary of Defense to detain individuals subject to such tribunals in accordance with such rules and international law of armed conflict.Provides for judicial review of tribunal decisions and detention determinations.Expresses the sense of Congress that the President should seek the cooperation of U.S. allies and other nations in conducting investigations and prosecutions of such individuals.Requires the President to submit annual reports to Congress on the use of authority under this Act and on each individual subject to or detained for a tribunal.

To authorize the President to establish military tribunals to try the terrorists responsible for the September 11, 2001 attacks against the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2007''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Annual fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in the first academic year that begins after the date of enactment of the Campus Fire Safety Right-to-Know Act of 2007, and each year thereafter-- ``(A) prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report, which shall contain information with respect to the campus fire safety practices and standards of that institution, including: ``(i) a statement that identifies each student housing facility owned or controlled by the institution, and whether each such facility is equipped with a full fire sprinkler system or other fire safety systems, fire escape planning or protocols, or both; ``(ii) statistics for each student housing facility concerning the occurrence of fires and unwanted and false alarms in each such facility, during the 2 preceding calendar years for which data are available; ``(iii) for each such occurrence in facilities described in clauses (i) and (ii), a summary of the human injuries or deaths, structural and property damage, or combination thereof; ``(iv) information regarding rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvements in fire safety; and ``(v) information about fire safety education and training provided to students, faculty, and staff; and ``(B) submit to the Secretary a copy of the statistics required to be made available under subparagraph (A)(ii). ``(2) Fraternities, sororities, and other student groups that own, control, or occupy housing facilities.-- ``(A) Reports by organizing bodies.--Each institution participating in a program under this title shall, as a condition of recognizing and permitting the operation of any fraternity, sorority, or other student group that is recognized by the institution and that owns, controls, or occupies student housing facilities, require the national organizing body of such fraternity, sorority, or other student group, beginning in the first academic year that begins after the date of enactment of the Campus Fire Safety Right-to-Know Act of 2007, and each year thereafter-- ``(i) to collect the information described in subparagraph (A), for each building and property that contains student housing facilities and that is owned, controlled, or occupied by the fraternity, sorority, or group, respectively; ``(ii) beginning in the first academic year that begins after the date of enactment of the Campus Fire Safety Right-to-Know Act of 2007, and each year thereafter, to prepare, publish, and distribute, through appropriate publications (including the Internet) or mailings to all current members, and to any interested party upon request, an annual fire safety report in accordance with subparagraph (B) of this paragraph; and ``(iii) to submit to the Secretary a copy of the statistics described in paragraph (1)(A)(ii) and required to be collected under clause (i) of this subparagraph. ``(B) Contents of annual reports.--The annual fire safety reports required under subparagraph (A)(ii) of this paragraph shall contain the following: ``(i) Information concerning fire safety at any student housing facilities owned or controlled by the recognized fraternity, sorority, or other student group required to be collected under subparagraph (A)(i) of this paragraph. ``(ii) A statement concerning whether and how the recognized fraternity, sorority, or other student group owning, controlling, or occupying student housing facilities works with hosting academic institutions to make buildings and property owned or controlled by such fraternities, sororities, or student groups more fire safe. ``(3) Current information to campus community.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all on-campus fires, including the nature, date, time, and general location of each fire and all unwanted and false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection, and each such institution shall make annual reports to the campus community on such fires and unwanted and false fire alarms in a manner that will aid the prevention of similar occurrences. ``(4) Responsibilities of the secretary.--The Secretary shall-- ``(A) review the statistics submitted under paragraph (1)(B) and paragraph (2)(A)(iii); ``(B) make such statistics submitted to the Secretary available to the public; and ``(C) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, identify exemplary fire safety policies, procedures, programs, and practices and disseminate information to the United States Fire Administrator and make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of campus fires. ``(5) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection. ``(6) Definitions.--In this subsection, the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Within two years after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming student housing facilities up to the building codes in effect at the time of the report; (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund the cost described in paragraph (3); and (5) examples of exemplary fire safety education and training programs at colleges and universities and recommendations for wide adoption of similar programs among institutions of higher education.

Campus Fire Safety Right-to-Know Act of 2007 - Amends the Higher Education Act of 1965 to require each institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution. Requires such institutions to: (1) record all on-campus fires, including the nature, date, time, and general location of each fire and all unwanted and false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information annually to the campus community in a manner that will aid the prevention of similar occurrences. Directs each institution to require the national organizing bodies of the fraternities, sororities, and other student groups they recognize to collect specified fire safety information for each student housing facility they own, control, or occupy and report such information to the Secretary of Education, all current members, and to any interested party upon request. Requires the Secretary to report to Congress on fire safety systems and standards in institution and student housing facilities, and on exemplary fire safety education and training programs at such institutions.

To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. Sec. 303. Sunset. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. (c) Protection of Privacy.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin is not subject to the mandatory disclosure provisions of section 552 of title 5, United States Code, but may be released only as provided in subsection (b). SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost sharing requirements as specified in the last proviso under the heading ``united states geological survey-surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50). SEC. 303. SUNSET. The authority of the Secretary of the Interior to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk.

Upper Mississippi River Basin Protection Act - Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Requires the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin. (Sec. 102) Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (3) collaborate with other public and private monitoring efforts in establishing the monitoring program. (Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Title II: Computer Modeling and Research - (Sec. 201) Requires the Director of USGS to establish: (1) a computer modeling program of nutrient and sediment sources in the Basin; and (2) an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries. (Sec. 203) Requires the Director to provide to Congress and make available to the public: (1) an annual report regarding monitoring activities conducted in the Basin; and (2) a progress report, every three years, regarding modeling activities. Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to USGS, with one third made available for its Cooperative Water Program and the remainder for its Hydrologic Networks and Analysis Program, including sums to allow the Council to perform the required assessment. (Sec. 302) Makes funds available for USGS subject to the same cost-sharing requirements as in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (which limits the USGS share to 50% of the cost in any topographic mapping or water resources data collection and investigation carried on in cooperation with a state or municipality). (Sec. 303) Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arming Pilots Against Terrorism Act''. SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44921. Federal flight deck officer program ``(a) Establishment.--Not later than 90 days after the date of enactment of this section, the Under Secretary of Transportation for Security shall establish a program to deputize qualified volunteer pilots of passenger aircraft as Federal law enforcement officers to defend the flight decks of aircraft of air carriers engaged in air transportation or intrastate air transportation against acts of criminal violence or air piracy. Such officers shall be known as `Federal flight deck officers'. The program shall be administered in connection with the Federal air marshal program. ``(b) Qualified Pilot.--Under the program, a qualified pilot is a pilot of an aircraft engaged in air transportation or intrastate air transportation who-- ``(1) is employed by an air carrier; ``(2) has demonstrated to the satisfaction of the Under Secretary fitness to be a Federal flight deck officer under the program; and ``(3) has been the subject of an employment investigation (including a criminal history record check) under section 44936(a)(1). ``(c) Training, Supervision, and Equipment.--The Under Secretary of Transportation for Security shall provide training, supervision, and equipment necessary for a qualified pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot. ``(d) Deputization.-- ``(1) In general.--The Under Secretary shall deputize, as a Federal flight deck officer under this section, any qualified pilot who submits to the Under Secretary a request to be such an officer. ``(2) Initial deputization.--Not later than 120 days after the date of enactment of this section, the Under Secretary shall deputize not fewer than 500 qualified pilots who are former military or law enforcement personnel as Federal flight deck officers under this section. ``(3) Full implementation.--Not later than 24 months after the date of enactment of this section, the Under Secretary shall deputize any qualified pilot as a Federal flight deck officer under this section. ``(e) Compensation.--Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services provided as a Federal flight deck officer. ``(f) Authority To Carry Firearms.--The Under Secretary shall authorize a Federal flight deck officer under this section to carry a firearm while engaged in providing air transportation or intrastate air transportation. ``(g) Authority To Use Force.--Notwithstanding section 44903(d), a Federal flight deck officer may use force (including lethal force) against an individual in the defense of an aircraft in air transportation or intrastate air transportation if the officer reasonably believes that the security of the aircraft is at risk. ``(h) Limitation on Liability.-- ``(1) Liability of air carriers.--An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the air carrier employing a pilot of an aircraft who is a Federal flight deck officer under this section or out of the acts or omissions of the pilot in defending an aircraft of the air carrier against acts of criminal violence or air piracy. ``(2) Liability of federal flight deck officers.--A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct. ``(i) Regulations.--Not later than 90 days after the date of enactment of this section, the Under Secretary, in consultation with the Firearms Training Unit of the Federal Bureau of Investigation, shall issue regulations to carry out this section. ``(j) Pilot Defined.--The term `pilot' means an individual responsible for the operation of aircraft.''. (b) Conforming Amendments.-- (1) Chapter analysis.--The analysis for such chapter is amended by inserting after the item relating to section 44920 the following: ``44921. Federal flight deck officer program.''. (2) Employment investigations.--Section 44936(a)(1)(B) is amended-- (A) by aligning clause (iii) with clause (ii); (B) by striking ``and'' at the end of clause (iii); (C) by striking the period at the end of clause (iv) and inserting ``; and''; and (D) by adding at the end the following: ``(v) qualified pilots who are deputized as Federal flight deck officers under section 44921.''. (3) Flight deck security.--Section 128 of the Aviation and Transportation Security Act (Public Law 107-71) is repealed.

Arming Pilots Against Terrorism Act - Amends Federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize qualified volunteer pilots of passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers.Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct.

A bill to amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Families Together Act''. SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES. (a) In General.--An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of a border of the United States, unless one of the following has occurred: (1) A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105-89), or makes any similar determination that is legally authorized under State law. (2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that-- (A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or (C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others, except that, in the case that a child is removed from his or her parent or legal guardian under this section, an independent child welfare expert licensed by the State or county in which the child was so removed, authorizes the separation not later than 48 hours after such removal, and if such expert does not authorize such separation, the child shall be reunited with his or her parent or legal guardian not later than 48 hours after such determination. (b) Prohibition on Separation.-- (1) In general.--A designated agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws. (2) Penalty for family separation.--Any person who knowingly separates a child from his or her parent or legal guardian in violation of this section, shall be fined not more than $10,000. (c) Documentation Required.--The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by agents and officers of designated agencies, in order to standardize the implementation of section 2(a)(3). (b) Annual Review.--Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. (c) Requirement.--The guidance under subsection (a) shall incorporate the presumptions described in section 4. (d) Additional Requirements.-- (1) Evidence-based.--The guidance and training developed under this section shall incorporate evidence-based practices. (2) Training required.-- (A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section. (B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete-- (i) training on adherence to the guidance under this section; and (ii) 90 minutes of child welfare practice training that is evidence-based and trauma- informed. SEC. 4. PRESUMPTIONS. The presumptions described in this section are the following: (1) Family unity.--There shall be a strong presumption in favor of family unity. (2) Siblings.--To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. (3) Detention.--In general, there is a presumption that detention is not in the best interests of families and children. SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN. (a) In General.--Not later than 180 days after the after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section 2(a). In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies. (b) Written Notification.--The Secretary shall provide each parent or legal guardian who was separated, with written notice of the public guidance to locate a separated child. (c) Language Access.--All guidance shall be available in English and Spanish, and at the request of the parent or legal guardian, either in the parent or legal guardian's native language or in another language the parent or legal guardian understands, and manner that is understandable by the parent or legal guardian. SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMILIES. (a) In General.--Except as provided under subsection (c), the Secretary of Health and Human Services, in consultation with the heads of other designated agencies, on a weekly basis, shall provide the parent or legal guardian of a child who was separated, the following information, at a minimum: (1) A status report on the child's activities during the prior week. (2) Information about the education and health of the child, including any medical treatment provided to the child or medical treatment recommended for the child. (3) Information about changes to the child's immigration status. (4) Other information about the child, designed to promote and maintain family reunification, as the Secretary of Health and Human Services determines in his or her discretion. (b) Phone Communication.--Except as provided under subsection (c), the Secretary of Health and Human Services, in consultation with the heads of other designated agencies, on a weekly basis, shall provide the parent or legal guardian of a child who was separated with phone communication between the parent or legal guardian and his or her child. (c) Exception.--No information under subsection (a) or phone communication under subsection (b) shall be provided to a parent or legal guardian in the case that a qualified child welfare expert with care and custody of the child, a child's advocate, the child's legal representation, or the child him or herself concludes it is harmful or dangerous to the child to communicate with the parent or legal guardian. SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION. Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter, the Secretary, in consultation with the heads of other designated agencies, shall submit a report to the committees of jurisdiction, describing each instance in which a child was separated from a parent or legal guardian, including the following: (1) The relationship of the adult to the child. (2) The age and gender of the adult and child. (3) The length of separation. (4) Whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime. (5) Whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief. (6) Whether the adult was prosecuted if charged with a crime and the associated outcome of such charges. (7) The stated reason for, and evidence in support of, the separation. (8) If the child was part of a sibling group at the time of the separation, whether the group has had physical contact and visitation. (9) Whether the child was rendered an unaccompanied alien child. (10) Other information in the Secretary's discretion. SEC. 8. CLARIFICATION OF PARENTAL RIGHTS. If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that-- (1) the parental rights remain intact; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. SEC. 9. CLARIFICATION OF EXISTING LAW. (a) Federal Law.--Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105- 89). (b) State Law.--Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. SEC. 10. LIMITATION ON THE PROSECUTION OF ASYLUM SEEKERS. (a) In General.--An alien who has expressed a credible or reasonable fear of persecution, filed an application for asylum or withholding of removal, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the date on which any such application has been finally adjudicated, including any appeals thereto. (b) Affirmative Defense.--In the case that an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, filed an application for asylum or withholding of removal, or expressed an intent to file such an application, and that such application has not been finally adjudicated, including any appeals thereto. (c) Treaty Obligations.--In accordance with the treaty obligations of the United States under Article 31 of the United Nations Convention Relating to the Status of Refugees, no alien who has been granted asylum or withholding of removal in the United States may be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)). SEC. 11. DEFINITIONS. In this Act: (1) Designated agency.--The term ``designated agency'' means-- (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (2) Agent or officer.--The term ``agent or officer'' includes contractors of the Federal Government. (3) Child.--The term ``child'' means an individual who-- (A) has not reached the age of 18; and (B) has no permanent immigration status. (4) Committees of jurisdiction.--The term ``committees of jurisdiction'' means-- (A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary and the Committee on Education and the Workforce of the House of Representatives. (5) Finding.--The term ``finding'' means an individualized written assessment or screening formalized as required under section 2(c), and consistent with sections 3, 4, and 8. (6) In danger of abuse or neglect at the hand of the parent or legal guardian.--The term ``in danger of abuse or neglect at the hands of the parent or legal guardian'' does not include migrating to or crossing of a border of the United States. (7) Secretary.--Unless otherwise specified, the term ``Secretary'' means the Secretary of Homeland Security.

Keep Families Together Act This bill prohibits an agent or contractor of the Department of Homeland Security, the Department of Justice, or the Department of Health and Human Services from removing a child who is under the age of 18 and has no permanent immigration status from his or her parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless: an authorized state court determines that it is in the child's best interests to be removed; a state or county child welfare official with expertise in child trauma and development determines that it is in the child's best interests to be removed because of abuse or neglect; or the Chief Patrol Agent or the Area Port Director authorizes separation based on a documented finding that the child is a trafficking victim or is at significant risk of becoming a victim, a strong likelihood exists that the adult is not the parent or legal guardian, or the child is in danger of abuse or neglect. A child may not be removed from a parent or guardian unless an independent licensed child welfare expert authorizes the separation within 48 hours of such removal. An agency may not remove a child from a parent or legal guardian solely for the policy goals of deterring migration to the United States or of promoting immigration law compliance. The bill sets forth presumptions: (1) in favor of family and sibling unity and parental rights, and (2) that detention is not in the best interests of families and children. The bill limits the prosecution of asylum seekers.

Keep Families Together Act

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Jesse Louis Jackson, Sr. was born on October 8, 1941, in Greenville, South Carolina. (2) In 1965 Jesse L. Jackson, Sr. joined the civil rights movement full-time, beginning his activism as a student leader in the sit-in movement and continuing as a young organizer for the Southern Christian Leadership Conference as an assistant to Dr. Martin Luther King, Jr. (3) On June 30, 1968, Jesse L. Jackson, Sr. became an ordained minister, having attended the Chicago Theological Seminary. (4) Jesse L. Jackson, Sr. served as the national director for Operation Breadbasket and, in 1971 in Chicago, Illinois, founded People United to Save Humanity, known as PUSH. (5) In 1984 Jesse L. Jackson, Sr. founded the National Rainbow Coalition, a national social justice organization devoted to political empowerment and to expanding educational and employment opportunities for disadvantaged people and for communities of color. (6) In 1996 Jesse L. Jackson, Sr. merged the National Rainbow Coalition and PUSH to continue the philosophies of both organizations and to maximize their resources. (7) Jesse L. Jackson, Sr. is, and has been for more than 30 years, one of the foremost political figures in the United States, playing a pivotal role in virtually every movement for human rights, civil rights, peace, gender equality, empowerment, and economic and social justice. (8) Jesse L. Jackson, Sr. has been and continues to be counted on to serve as a champion and spokesman for a segment of the population whose voices all too often are not heard. (9) Jesse L. Jackson, Sr. has been called the ``conscience of the Nation'' and the ``great unifier'', challenging the United States to establish just and humane priorities. (10) Jesse L. Jackson, Sr. has led a myriad of successful delegations, marches, and missions for justice, peace, and reconciliation. (11) Jesse L. Jackson, Sr. is a highly respected world leader who has acted on many occasions as an international diplomat. (12) In 1984 Jesse L. Jackson, Sr. secured the release of a captured Navy pilot, Lieutenant Robert Goodman, who was shot down over Lebanon. He also negotiated the release of 22 Americans and 26 Cubans in Cuba during 1984. (13) In 1990 Jesse L. Jackson, Sr. won the release of hundreds of foreign nationals, including 47 Americans, being held in Iraq and Kuwait by Saddam Hussein. (14) In October 1997 Jesse L. Jackson, Sr. was appointed by President William Jefferson Clinton and by Secretary of State Madeleine K. Albright as the Special Envoy of the President and the Secretary of State for the Promotion of Democracy in Africa. (15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the negotiated release of Army Specialist Steven M. Gonzales and Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 United States soldiers who had spent 32 days in captivity in Yugoslavia as prisoners of war and hostages. (16) Jesse L. Jackson, Sr. has dedicated his life to the principles of freedom, peace, justice, international good will, and the struggle for civil rights and equality for Americans and for all peoples, at home and abroad. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Authorization of Appropriation.--Effective February 1, 2001, there are authorized to be appropriated $30,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Authorizes the President to present, on behalf of Congress, a gold medal to Jesse L. Jackson, Sr., in recognition of his outstanding and enduring contributions to the Nation.

To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Improvement Tax Cut Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. (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. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified scholarship contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $5,000 (one-half such amount in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified Scholarship Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified scholarship contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarships are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (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. Contributions to organizations providing elementary or secondary school scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. (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), as amended by this Act, is amended by inserting after section 25E the following new section: ``SEC. 25F. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified school materials contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $5,000 (one-half such amount in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified School Materials Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified school materials contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for-- ``(A) any cash contribution to any elementary or secondary school if such contribution is designated to be used solely to acquire qualified school materials, ``(B) any contribution of qualified school materials to any elementary or secondary school, and ``(C) any cash contribution to a school materials organization. ``(2) Elementary or secondary school.--The term `elementary or secondary school' means any organization described in section 170(b)(1)(A)(ii) which provides education solely at or below the 12th grade. ``(3) School materials organization.-- ``(A) In general.--The term `school materials organization' means any organization described in section 170(c)(2) if-- ``(i) the primary function of the organization is to raise funds for elementary or secondary schools, and ``(ii) the annual disbursements of the organization for qualified school materials which are provided to elementary and secondary schools are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Qualified school materials.--The term `qualified school materials' means-- ``(i) instructional materials and equipment, including library books and materials, computers, and computer software, and ``(ii) materials and equipment for school- sponsored extracurricular activities. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as amended by this Act, is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Contributions of and for instructional materials and materials for extracurricular activities.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Education Improvement Tax Cut Act - Amends the Internal Revenue Code to allow: (1) a tax credit up to $5,000 per year (adjusted annually for inflation after 2007) for contributions to a school tuition organization which distributes at least 90 percent of its annual gross income for elementary and secondary school scholarships; and (2) a tax credit up to $5,000 per year (adjusted annually for inflation after 2007) for contributions to a school materials organization which distributes at least 90 percent of its annual gross income to elementary and secondary schools for materials and equipment for instruction and for extracurricular activities.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts contributed to charitable organizations which provide elementary or secondary school scholarships and for contributions of, and for, instructional materials and materials for extracurricular activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Health Benefits Protection Act''. SEC. 2. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``SEC. 516. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS. ``(a) Maintenance of Benefits.-- ``(1) In general.--If-- ``(A) retiree health benefits or plan or plan sponsor payments in connection with such benefits are to be or have been terminated or reduced under an employee welfare benefit plan; and ``(B) an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or reduction, the court without requirement of any additional showing shall promptly order the plan and plan sponsor to maintain the retiree health benefits and payments at the level in effect immediately before the termination or reduction while the action is pending in any court. No security or other undertaking shall be required of any participant or beneficiary as a condition for issuance of such relief. An order requiring such maintenance of benefits may be refused or dissolved only upon determination by the court, on the basis of clear and convincing evidence, that the action is clearly without merit. ``(2) Exceptions.--Paragraph (1) shall not apply to any action if-- ``(A) the termination or reduction of retiree health benefits is substantially similar to a termination or reduction in health benefits (if any) provided to current employees which occurs either before, or at or about the same time as, the termination or reduction of retiree health benefits, or ``(B) the changes in benefits are in connection with the addition, expansion, or clarification of the delivery system, including utilization review requirements and restrictions, requirements that goods or services be obtained through managed care entities or specified providers or categories of providers, or other special major case management restrictions. ``(3) Modifications.--Nothing in this section shall preclude a court from modifying the obligation of a plan or plan sponsor to the extent retiree benefits are otherwise being paid by the plan sponsor. ``(b) Burden of Proof.--In addition to the relief authorized in subsection (a) or otherwise available, if, in any action to which subsection (a)(1) applies, the terms of the employee welfare benefit plan summary plan description or, in the absence of such description, other materials distributed to employees at the time of a participant's retirement or disability, are silent or are ambiguous, either on their face or after consideration of extrinsic evidence, as to whether retiree health benefits and payments may be terminated or reduced for a participant and his or her beneficiaries after the participant's retirement or disability, then the benefits and payments shall not be terminated or reduced for the participant and his or her beneficiaries unless the plan or plan sponsor establishes by a preponderance of the evidence that the summary plan description or other materials about retiree benefits-- ``(1) were distributed to the participant at least 90 days in advance of retirement or disability; ``(2) did not promise retiree health benefits for the lifetime of the participant and his or her spouse; and ``(3) clearly and specifically disclosed that the plan allowed such termination or reduction as to the participant after the time of his or her retirement or disability. The disclosure described in paragraph (3) must have been made prominently and in language which can be understood by the average plan participant. ``(c) Representation.--Notwithstanding any other provision of law, an employee representative of any retired employee or the employee's spouse or dependents may-- ``(1) bring an action described in this section on behalf of such employee, spouse, or dependents; or ``(2) appear in such an action on behalf of such employee, spouse or dependents. ``(d) Retiree Health Benefits.--For the purposes of this section, the term `retiree health benefits' means health benefits (including coverage) which are provided to-- ``(1) retired or disabled employees who, immediately before the termination or reduction, have a reasonable expectation to receive such benefits upon retirement or becoming disabled; and ``(2) their spouses or dependents.'' (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 515 the following new item: ``Sec. 516. Rules governing litigation involving retiree health benefits.'' (c) Effective Date.--The amendments made by this section shall apply to actions relating to terminations or reductions of retiree health benefits which are pending or brought, on or after March 23, 1995.

Retiree Health Benefits Protection Act - Amends the Employee Retirement Income Security Act of 1974 to add rules governing litigation involving the termination or reduction of retiree health benefits.

Retiree Health Benefits Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Buy-Down Act''. SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--Every individual with adjusted income tax liability for any taxable year may designate that a portion of such liability (not to exceed 10 percent thereof) shall be used to reduce the public debt. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of tax imposed by chapter 1 for the taxable year. The designation shall be made on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Adjusted Income Tax Liability.--For purposes of this section, the adjusted income tax liability of an individual for any taxable year is the income tax liability of the individual for the taxable year determined under section 6096(b), reduced by any amount designated under section 6096(a).''. (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation for Reduction of Public Debt''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following section: ``SEC. 9512. PUBLIC DEBT REDUCTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Public Debt Reduction Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Public Debt Reduction Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation for public debt reduction). ``(c) Expenditures.--Amounts in the Public Debt Reduction Trust Fund shall be used by the Secretary for purposes of paying at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation held by the Federal Old-Age and Survivors Insurance Trust Fund, or the Department of Defense Military Retirement Fund). Any obligation which is paid, redeemed, or bought with amounts from the Public Debt Reduction Trust Fund shall be canceled and retired and may not be reissued.''. (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9512. Public Debt Reduction Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act. SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE PUBLIC DEBT. (a) Sequestration To Reduce the Public Debt.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT. ``(a) Sequestration.--Within 15 days after Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, and under section 5(b) of the Statutory Pay-As-You- Go Act of 2010, but after any sequestration required by those sections, there shall be a sequestration equivalent to the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending 1 year before the beginning of that session of Congress, as estimated by the Department of the Treasury on October 1 and as modified by the total of-- ``(1) any amounts by which net discretionary spending is reduced by an Act of Congress to be below the discretionary spending limits that is enacted after the date of enactment of this section and relate to the fiscal year subject to the sequestration (or, in the absence of such limits, any net deficit change from the baseline amount calculated under section 257); and ``(2) the net deficit change that has resulted from all direct spending legislation enacted after the date of enactment of this section that relate to the fiscal year subject to the sequestration, as estimated by the Office of Management and Budget. If the reduction in spending under paragraphs (1) and (2) for a fiscal year is greater than the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for that fiscal year, then there shall be no sequestration under this section. ``(b) Applicability.-- ``(1) In general.--Notwithstanding sections 255 and 256, and except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority reduced under this section shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--No order issued under this section may-- ``(A) reduce benefits payable to the old-age and survivors insurance program established under title II of the Social Security Act; ``(B) reduce retired or retainer pay payable to a member or former member of the uniformed services; or ``(C) reduce payments for net interest (all of major functional category 900).''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by adding at the end of the table the following new item: ``October 1.................... Department of the Treasury report to Congress estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''; (2) in subsection (c)-- (A) in paragraph (1), by inserting ``, and sequestration to reduce the public debt,'' after ``sequestration''; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following: ``(5) Reports on sequestration to reduce the public debt.-- The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(b).''; and (3) in subsection (f)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Reports on sequestration to reduce the public debt.-- The final reports shall contain all of the information contained in the public debt taxation designation report required on October 1.''. (c) Conforming Amendment.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following: ``Sec. 253A. Sequestration to reduce the public debt.''. (d) Sunset.--The amendments made by this section shall cease to have force or effect after the first fiscal year during which there is no public debt.

Debt Buy-Down Act This bill amends the Internal Revenue Code to allow individual taxpayers to designate up to 10% of their adjusted income tax liability for the reduction of the public debt. The bill also establishes in the Treasury a Public Debt Reduction Trust Fund to hold tax revenues generated by this bill for the reduction of the public debt. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) require spending to be reduced annually by an amount equivalent to the revenue generated by this bill, and (2) enforce the requirement for spending reductions using a sequestration, with exemptions for Social Security retirement benefits, veterans benefits, and net interest payments on the debt. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)

Debt Buy-Down Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Reauthorization Act of 2006''. SEC. 2. FINDINGS. Section 2 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress makes the following findings: ``(1) The Government of the Republic of Belarus has engaged in a pattern of clear and uncorrected violations of human rights and fundamental freedoms. ``(2) The Government of Belarus has engaged in a pattern of clear and uncorrected violations of basic principles of democratic governance, including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy of executive and legislative authority in that country. ``(3) The most recent presidential elections in Belarus held on March 19, 2006, failed to meet the commitments of the Organization for Security and Cooperation in Europe (OSCE) for democratic elections and the arbitrary use of state power and widespread detentions show a disregard for the basic rights of freedom of assembly, association, and expression, and raise doubts regarding the willingness of authorities in Belarus to tolerate political competition. ``(4) The regime of Aleksandr Lukashenka has maintained power in Belarus by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, extend his term of office, and remove applicable term limits. ``(5) The Government of Belarus has failed to make a credible effort to solve the cases of disappeared opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky in 1999 and journalist Dmitry Zavadsky in 2000, even though credible allegations and evidence exist linking top officials of the Lukashenka regime with these disappearances. ``(6) Political opposition figures Aleksandr Kozulin, Tsimafei Dranchuk, Mikalay Astreyka, Artur Finkevich, Mikalay Razumau, Katsyaryna Sadouskaya, Zmitser Dashkevich, Mikhail Marynich, Mikalay Statkevych, Pavel Sevyarinets, Andrei Klimau, Valery Levaneusky, and Siarhei Skrebets have been imprisoned or served `corrective labor' sentences because of their political activity. ``(7) Hundreds of pro-democratic political activists have been subjected to frequent harassment and jailings, especially during, and in the aftermath of the fatally flawed March 19, 2006, presidential elections in Belarus. ``(8) The Government of Belarus has attempted to maintain a monopoly over the country's information space, targeting independent media for systematic reprisals and elimination, while suppressing the right to freedom of speech and expression of those dissenting from the regime. ``(9) The Belarusian authorities have perpetuated a climate of fear in Belarus by mounting a systematic crackdown on civil society through the harassment, repression, and closure of nongovernmental organizations and independent trade unions. ``(10) The Lukashenka regime has increasingly subjected leaders and members of minority and unregistered religious communities to harassment, including the imposition of heavy fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith. ``(11) The Belarusian authorities have further attempted to silence dissent through retribution against human rights and pro- democracy activists through threats, firings, expulsions, beatings and other forms of intimidation.''. SEC. 3. STATEMENT OF POLICY. The Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended-- (1) by striking section 8; (2) by redesignating sections 3 through 7 as sections 4 through 8, respectively; and (3) by inserting after section 2 the following new section: ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States-- ``(1) to call upon the immediate release without preconditions of all political prisoners in Belarus; ``(2) to support the aspirations of the people of the Republic of Belarus for democracy, human rights, and the rule of law; ``(3) to support the aspirations of the people of the Republic of Belarus to preserve the independence and sovereignty of their country; ``(4) to seek and support the growth of democratic movements and institutions in Belarus, with the ultimate goal of ending tyranny in that country; ``(5) to refuse to accept the results of the fatally flawed March 19, 2006, presidential elections held in Belarus and support the call for new presidential elections; ``(6) to refuse to recognize any possible referendum, or the results of any referendum, that would affect the sovereignty of Belarus; and ``(7) to work closely with other countries and international organizations, including the European Union, to promote the conditions necessary for the integration of Belarus into the European community of democracies.''. SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) Purposes of Assistance.--Section 4(a) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended-- (1) in paragraph (1), by striking ``regaining their freedom and to enable them'' and inserting ``their pursuit of freedom, democracy, and human rights and in their aspiration''; (2) in paragraph (2)-- (A) by striking ``free and fair'' and inserting ``free, fair, and transparent''; and (B) by adding at the end before the period the following: ``and independent domestic observers''; and (3) in paragraph (3), by striking ``restoring and strengthening institutions of democratic governance'' and inserting ``the development of a democratic political culture and civil society''. (b) Activities Supported.--Section 4(c) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (2) by striking paragraphs (1) through (5) and inserting the following new paragraphs: ``(1) expanding independent radio and television broadcasting to and within Belarus; ``(2) facilitating the development of independent broadcast, print, and Internet media working within Belarus and from locations outside the country and supported by nonstate-controlled printing facilities; ``(3) aiding the development of civil society through assistance to nongovernmental organizations promoting democracy and supporting human rights, including youth groups, entrepreneurs, and independent trade unions; ``(4) supporting the work of human rights defenders; ``(5) enhancing the development of democratic political parties; ``(6) assisting the promotion of free, fair, and transparent electoral processes;''; and (3) in paragraph (7) (as redesignated), by inserting ``enhancing'' before ``international exchanges''. (c) Authorization of Appropriations.-- (1) Amendment.--Section 4(d)(1) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking ``2005 and 2006'' and inserting ``2007 and 2008''. (2) Rule of construction.--The amendment made by paragraph (1) shall not be construed to affect the availability of funds appropriated pursuant to the authorization of appropriations under section 4(d) of the Belarus Democracy Act of 2004 (as redesignated) before the date of the enactment of this Act. SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS. (a) Purpose.--Section 5(a) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking ``radio broadcasting'' and inserting ``radio and television broadcasting''. (b) Authorization of Appropriations.--Section 5(b) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking ``radio broadcasting'' and inserting ``radio and television broadcasting''. (c) Conforming Amendment.--Section 5 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended in the heading by striking ``radio broadcasting'' and inserting ``radio and television broadcasting''. SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended to read as follows: ``SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. ``(a) Application of Sanctions.--The sanctions described in subsections (c) through (f) should apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). ``(b) Conditions.--The conditions referred to in subsection (a) are the following: ``(1) The release of individuals in Belarus who have been jailed based on political or religious beliefs. ``(2) The withdrawal of politically motivated legal charges against all opposition activists and independent journalists in Belarus. ``(3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are in any way responsible for their disappearances. ``(4) The cessation of all forms of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, youth groups, religious organizations (including their leadership and members), and the political opposition in Belarus. ``(5) The prosecution of senior leadership of the Government of Belarus responsible for the administration of fraudulent elections. ``(6) A full accounting of the embezzlement of state assets by senior leadership of the Government of Belarus, their family members, and other associates. ``(7) The holding of free, fair and transparent presidential and parliamentary elections in Belarus consistent with OSCE standards and under the supervision of internationally recognized observers and independent domestic observers. ``(c) Denial of Entry Into the United States of Senior Leadership of the Government of Belarus.--Notwithstanding any other provision of law, the President may exercise the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who-- ``(1) holds a position in the senior leadership of the Government of Belarus; ``(2) is an immediate family member of a person inadmissible under subparagraph (A); or ``(3) through his or her business dealings with senior leadership of the Government of Belarus derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Belarus. ``(d) Prohibition on Loans and Investment.-- ``(1) United states government financing.--It is the sense of Congress that no loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by any agency of the Government of the United States (including the Export-Import Bank of the United States and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. ``(2) Trade and development agency.--It is the sense of Congress that no funds available to the Trade and Development Agency should be available for activities of the Agency in or for Belarus. ``(e) Multilateral Financial Assistance.--The Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. ``(f) Blocking of Assets and Other Prohibited Activities.-- ``(1) Blocking of assets.--It is the sense of Congress that the President should block all property and interests in property, including all commercial, industrial, or public utility undertakings or entities, that, on or after the date of the enactment of the Belarus Democracy Reauthorization Act of 2006-- ``(A) are owned, in whole or in part, by the Government of Belarus, or by any member or family member closely linked to any member of the senior leadership of the Government of Belarus, or any person who through his or her business dealings with senior leadership of the Government of Belarus derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Belarus; and ``(B) are in the United States, or in the possession or control of the Government of the United States or of any United States financial institution, including any branch or office of such financial institution that is located outside the United States. ``(2) Prohibited activities.--Activities prohibited by reason of the blocking of property and interests in property under paragraph (1) should include-- ``(A) payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, to the Government of Belarus, to any person or entity acting for or on behalf of, or owned or controlled, directly or indirectly, by that government, or to any member of the senior leadership of the Government of Belarus; ``(B) the export or reexport to any entity owned, controlled, or operated by the Government of Belarus, directly or indirectly, of any goods, technology, or services, either-- ``(i) by a United States person; or ``(ii) involving the use of any air carrier (as defined in section 40102 of title 49, United States Code) or a vessel documented under the laws of the United States; and ``(C) the performance by any United States person of any contract, including a contract providing a loan or other financing, in support of an industrial, commercial, or public utility operated, controlled, or owned by the Government of Belarus. ``(3) Payment of expenses.--All expenses incident to the blocking and maintenance of property blocked under paragraph (1) should be charged to the owners or operators of such property. Such expenses may not be paid from blocked funds. ``(4) Rule of construction.--Nothing in this subsection shall be construed to prohibit any contract or other financial transaction with any private or nongovernmental organization or business in Belarus. ``(5) Exceptions.--Paragraphs (1) and (2) do not apply to-- ``(A) assistance authorized under section 4 or 5 of this Act; or ``(B) medicine, medical equipment or supplies, food, as well as any other form of humanitarian assistance provided to Belarus as relief in response to a humanitarian crisis. ``(6) Penalties.--Any person who violates any prohibition or restriction imposed under this subsection should be subject to the penalties under section 6 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as for a violation under that Act. ``(7) Definitions.--In this subsection: ``(A) Air carrier.--The term `air carrier' has the meaning given that term in section 40102 of title 49, United States Code. ``(B) United states person.--The term `United States person' means-- ``(i) any United States citizen or alien admitted for permanent residence to the United States; ``(ii) any entity organized under the laws of the United States; and ``(iii) any person in the United States.''. SEC. 7. MULTILATERAL COOPERATION. Section 7 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended-- (1) by striking ``to coordinate with'' and inserting ``the support of''; and (2) by striking ``a comprehensive'' and inserting ``for a comprehensive''. SEC. 8. DEFINITIONS. Section 9(3) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended-- (1) in subparagraph (A), by inserting ``governors, heads of state enterprises,'' after ``Chairmen of State Committees,''; and (2) in subparagraph (B)-- (A) by striking ``who is'' and inserting the following: ``who-- ``(i) is''; (B) by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following new clause: ``(ii) is otherwise engaged in public corruption in Belarus; and''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Belarus Democracy Reauthorization Act of 2006 - (Sec. 3) Amends the Belarus Democracy Act of 2004 to state that it is U.S. policy to: (1) call for the immediate release of all political prisoners in Belarus; (2) support the aspirations of the people of the Republic of Belarus for democracy, human rights, the rule of law, and to preserve their country's independence; (3) support the growth of democratic movements and institutions in Belarus; (4) refuse to accept the results of the March 2006 presidential elections in Belarus and support new presidential elections; (5) refuse to recognize any referendum that would affect Belarus' sovereignty; and (6) work with other countries and international organizations to promote Belarus' integration into the European community of democracies. (Sec. 4) Revises the activities which may be supported by assistance under this Act, including support for youth groups, independent trade unions and entrepreneurs, human rights defenders, independent media, democratic political parties, and international exchanges. Extends authorization of appropriations through FY2008 for such purposes. (Sec. 5) Includes television broadcasting within the scope of increased support and funding for U.S. government and surrogate broadcasting to Belarus. (Currently, such support is limited to radio broadcasting.) (Sec. 6) Establishes specified economic and U.S. entry sanctions against Belarus until the President certifies to the appropriate congressional committees that the government of Belarus has made progress in meeting specified conditions respecting: (1) release of political and religious prisoners and accounting for the disappearances of opposition leaders and journalists; (2) cessation of political harassment; (3) prosecution of senior government leaders for embezzlement of state assets and administration of fraudulent elections; and (4) holding free presidential and parliamentary elections under independent supervision. Authorizes the President to deny U.S. entry to any alien who: (1) is in the senior leadership of the government of Belarus; (2) is an immediate family member of such person; or (3) through business dealings with senior government leadership derives significant financial benefit from policies or actions that undermine democratic institutions or impede Belarus' transition to democracy. Expresses the sense of Congress that: (1) no loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by any U.S. agency (including the Export-Import Bank and the Overseas Private Investment Corporation) to the government of Belarus, except for humanitarian goods and agricultural or medical products; and (2) no funds available to the Trade and Development Agency should be available for Agency activities in or for Belarus. Expresses the sense of Congress that the President should block all property and property interests that on or after the date of the enactment of this Act: (1) are owned in whole or in part by the government of Belarus, or by any member or family member closely linked to senior government leadership, or any person who through business dealings with senior government leadership derives significant financial benefit from policies or actions that undermine or injure democratic institutions or impede Belarus' transition to democracy; and (2) are in the United States, or in the possession or control of the U.S. government or of any U.S. financial institution, including any branch or office located outside the United States. States that activities prohibited by the blocking of such property interests should include: (1) payments or transfers of property or anything of economic value by any U.S. person to the government of Belarus or to any entity or person acting on its behalf, or to any member of its senior leadership; (2) the export or reexport to any entity owned, controlled, or operated by the government of Belarus of any goods, technology, or services, either by a U.S. person or involving the use of any air carrier or a vessel documented under U.S. law; and (3) the performance by any U.S. person of any contract, including a contract providing a loan or other financing, in support of an industrial, commercial, or public utility operated, controlled, or owned by the government of Belarus. Exempts from such prohibitions: (1) assistance under sections 4 or 5 of this Act; or (2) medicine, medical equipment, food, or other humanitarian assistance provided to Belarus in response to a humanitarian crisis. States that such prohibitions shall be not construed to prohibit financial transactions with any private or nongovernmental organization or business in Belarus. Subjects violators of such asset and property prohibitions to specified penalties under the International Emergency Economic Powers Act. (Sec. 8) Amends the definition of "senior leadership of the government of Belarus."

To reauthorize the Belarus Democracy Act of 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Taxpayer Protection Act of 2001''. SEC. 2. REGULATION OF INCOME TAX RETURN PREPARERS AND REFUND ANTICIPATION LOAN PROVIDERS. (a) Definitions.--In this Act: (1) Income tax return preparer.-- (A) In general.--The term ``income tax return preparer'' means any individual who is an income tax return preparer (within the meaning of section 7701(a)(36) of the Internal Revenue Code of 1986) who prepares not less than 5 returns of tax imposed by subtitle A of such Code or claims for refunds of tax imposed by such subtitle A per taxable year. (B) Exception.--Such term shall not include a federally authorized tax practitioner within the meaning of section of 7526(a)(3) of such Code. (2) Refund anticipation loan provider.--The term ``refund anticipation loan provider'' means a person who makes a loan of money or of any other thing of value to a taxpayer because of the taxpayer's anticipated receipt of a Federal tax refund. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Regulations.-- (1) Registration required.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that-- (i) require the registration of income tax return preparers and of refund anticipation loan providers with the Secretary or the designee of the Secretary, and (ii) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number. (B) No disciplinary action.--The regulations shall require that an applicant for registration must not have demonstrated any conduct that would warrant disciplinary action under part 10 of title 31, Code of Federal Regulations. (C) Burden of registration.--In promulgating the regulations, the Secretary shall minimize the burden and cost on the registrant. (2) Rules of conduct.--All registrants shall be subject to rules of conduct that are consistent with the rules that govern federally authorized tax practitioners. (3) Reasonable fees and interest rates.--The Secretary, after consultation with any expert as the Secretary deems appropriate, shall include in the regulations guidance on reasonable fees and interest rates charged to taxpayers in connection with loans to taxpayers made by refund anticipation loan providers. (4) Renewal of registration.--The regulations shall determine the time frame required for renewal of registration and the manner in which a registered income tax return preparer or a registered refund anticipation loan provider must renew such registration. (5) Fees.-- (A) In general.--The Secretary may require the payment of reasonable fees for registration and for renewal of registration under the regulations. (B) Purpose of fees.--Any fees required under this paragraph shall inure to the Secretary for the purpose of reimbursement of the costs of administering the requirements of the regulations. (c) Prohibition.--Section 6695 of the Internal Revenue Code of 1986 (relating to other assessable penalties with respect to the preparation of income tax returns for other persons) is amended by adding at the end the following new subsection: ``(h) Actions on a Taxpayer's Behalf by a Non-Registered Person.-- Any person not registered pursuant to the regulations promulgated by the Secretary under the Low Income Taxpayer Protection Act of 2001 who-- ``(1) prepares a tax return for another taxpayer for compensation, or ``(2) provides a loan to a taxpayer that is linked to or in anticipation of a tax refund for the taxpayer, shall be subject to a $500 penalty for each incident of noncompliance.''. (d) Coordination with Section 6060(a).--The Secretary shall determine whether the registration required under the regulations issued pursuant to this section should be in lieu of the return requirements of section 6060. (e) Paperwork Reduction.--The Secretary shall minimize the amount of paperwork required of a income tax return preparer or a refund anticipation loan provider to meet the requirements of these regulations. SEC. 3. IMPROVED SERVICES FOR TAXPAYERS. (a) Electronic Filing Efforts.-- (1) In General.--The Secretary shall focus electronic filing efforts on benefiting the taxpayer by-- (A) reducing the time between receipt of an electronically filed return and remitting a refund, if any, (B) reducing the cost of filing a return electronically, (C) improving services provided by the Internal Revenue Service to low and moderate income taxpayers, and (D) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the efforts made pursuant to paragraph (1). (b) Volunteer Income Tax Assistance Program.-- (1) Study.--The Secretary shall undertake a study on the expansion of the volunteer income tax assistance program to service more low income taxpayers. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the study conducted pursuant to paragraph (1). (3) Authorization of Appropriations.-- (A) In general.--There is authorized to be appropriated to the Secretary for volunteer income tax assistance clinics $6,000,000, to remain available until expended. (B) Use of funds.--Such amounts appropriated under subparagraph (A) shall be used for the operating expenses of volunteer income tax assistance clinics, expenses for providing electronic filing expenditures through such clinics, and related expenses. (c) Tele-Filing.--The Secretary shall ensure that tele-filing is available for all taxpayers for the filing of tax returns with respect to taxable years beginning in 2001. (d) Deposit Indicator Program.-- (1) Review.--The Secretary shall review the decision to reinstate the Deposit Indicator program. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the review made pursuant to paragraph (1). (e) Direct Deposit Accounts.--The Secretary shall allocate resources to programs to assist low income taxpayers in establishing accounts at financial institutions that receive direct deposits from the United States Treasury. (f) Pilot Program for Mobile Tax Return Filing Offices.-- (1) In general.--The Secretary shall establish a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities. (2) Location of service.-- (A) In general.--The mobile tax return filing offices shall be located in communities that the Secretary determines have a high incidence of taxpayers claiming the earned income tax credit. (B) Indian reservation.--At least one mobile tax return filing office shall be on or near an Indian reservation (as defined in section 168(j)(6) of the Internal Revenue Code of 1986).

Low Income Taxpayer Protection Act of 2001 - Amends the Internal Revenue Code to require the promulgation of regulations that: (1) require the registration of income tax return preparers and of refund anticipation loan providers; and (2) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number.Requires the Secretary of the Treasury to focus electronic filing efforts on benefitting the taxpayer by: (1) reducing the time between receipt of an electronically filed return and remitting a refund; (2) reducing the cost of filing a return electronically; (3) improving services provided by the Internal Revenue Service to low and moderate income taxpayers; and (4) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers.Provides for a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities.

A bill to assist low income taxpayers in preparing and filing their tax returns and to protect taxpayers from unscrupulous refund anticipation loan providers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Riayan Tejeda Memorial Act of 2005''. SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN COMBAT ZONE DURING OPERATION IRAQI FREEDOM. (a) In General.--An alien described in subsection (b) may be naturalized without regard to the requirements of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) if the alien-- (1) files an application for naturalization in accordance such procedures to carry out this section as may be established by regulation by the Secretary of Homeland Security; and (2) takes the oath required by section 337 of such Act (8 U.S.C. 1448) in accordance with such procedures. (b) Aliens Described.--An alien described in this subsection is an alien who-- (1) while an alien or noncitizen national of the United States, served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom; and (2) if separated from such service, was never separated except under honorable conditions. (c) Prohibition on Imposition of Fees Relating to Naturalization.-- Notwithstanding any other provision of law, no fee shall be charged or collected from an applicant under this section for filing an application for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. (d) Naturalization Proceedings Overseas for Members of the Armed Forces.--Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under this section are available through United States embassies, consulates, and as practicable, United States military installations overseas. SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, CHILDREN, AND PARENTS. (a) Treatment as Immediate Relatives.-- (1) Spouses.--Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom and died as a result of injury or disease incurred in or aggravated by that service, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act. (2) Children.-- (A) In general.--In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom and died as a result of injury or disease incurred in or aggravated by that service, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. (B) Petitions.--An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (3) Parents.-- (A) In general.--In the case of an alien who was the parent of a citizen of the United States at the time of the citizen's death, if the citizen served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom and died as a result of injury or disease incurred in or aggravated by that service, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. (B) Petitions.--An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (C) Exception.--Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen described in subparagraph (A) does not have to be 21 years of age for a parent to benefit under this paragraph. (b) Applications for Adjustment of Status by Surviving Spouses, Children, and Parents.-- (1) In general.--Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), any alien who was the spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(B), may have such application adjudicated as if such death had not occurred. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (c) Spouses and Children of Lawful Permanent Resident Aliens.-- (1) Treatment as immediate relatives.-- (A) In general.--A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien, shall be considered (if the spouse or child has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. (B) Petitions.--An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). (2) Self-petitions.--Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland Security, but only if the spouse or child files a petition within 2 years after such date. Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. (3) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (d) Parents of Lawful Permanent Resident Aliens.-- (1) Self-petitions.--Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a petition within 2 years after such date. For purposes of such Act, such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such parent shall be eligible for deferred action, advance parole, and work authorization. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) served honorably for any period of time in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom; (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) was granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-1). (e) Adjustment of Status.--Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), an alien physically present in the United States who is the beneficiary of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a), paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this section, may apply to the Secretary of Homeland Security for adjustment of status to that of an alien lawfully admitted for permanent residence. (f) Waiver of Certain Grounds of Inadmissibility.--In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in paragraphs (4), (6), (7), and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (g) Inapplicability of Prohibition on Benefits to Survivors.-- Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 1440- 1) shall not apply to the benefits granted under this Act to relatives of a person granted posthumous citizenship by reason of service in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom. (h) Naturalization of Survivors.--Any person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom, and who, in the case of a surviving spouse, was living in marital union with the citizen spouse at the time of death, may be naturalized upon compliance with all the requirements of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required. SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS. In processing applications for naturalization, the Secretary of Homeland Security shall give priority to-- (1) applications filed under section 2 of this Act; and (2) applications filed under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) for naturalization of a parent, spouse, or child of a person who has served honorably in the Army, Navy, Air Force, Marine Corps (including reserve components), or in the Coast Guard or Coast Guard Reserve, in a combat zone designated in connection with Operation Iraqi Freedom.

Riayan Tejeda Memorial Act of 2005 - Authorizes naturalization without regard to specified Immigration and Nationality Act requirements for an alien or noncitizen national of the United States who: (1) served honorably in a combat zone designated in connection with Operation Iraqi Freedom; and (2) if separated from such service, was not separated except under honorable conditions. Prohibits imposition of any Federal or State naturalization fee. Provides for overseas naturalization proceedings. Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably in such combat zone. States that an application for status adjustment by the alien wife, child, or parent of an alien member of the Armed Forces who was granted service-related posthumous citizenship based upon service in such zone may be adjudicated as if the death had not occurred. Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship based upon service in such zone as a valid petitioner for immediate relative status. Permits such aliens to apply for adjustment to lawful permanent resident status. Waives specified grounds of inadmissibility for surviving spouses, children, and parents granted posthumous benefits under this Act. Authorizes the naturalization of surviving spouses, children, or parents of U.S. citizens who die in Operation Iraqi Freedom and states that no prior residence or specified physical presence in the United States shall be required. Gives priority to the naturalization applications referenced in this Act.

To provide for naturalization through service in a combat zone designated in connection with Operation Iraqi Freedom, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Tribute to Constance Baker Motley Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the ``LDF''), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) In addition to writing briefs in Brown v. Board of Education, Motley was trial or appellate counsel in 57 civil rights cases in the United States Supreme Court, 82 cases in Federal courts of appeals, 48 cases in Federal district courts, and numerous cases in State courts. She argued four appeals in desegregation cases in one day. She won cases that ended de jure segregation in White only restaurants and lunch counters. She protected the right of protestors to march, sit-in, freedom ride, and demonstrate in other ways. She represented Dr. Martin Luther King, Jr., and other jailed civil rights activists and forced their release when they were arrested and locked up in Southern jails. She secured the right for Blacks to register, vote, and have access to the political power structure. She won education desegregation cases in almost every State in the South and the District of Columbia and secured the right for Blacks to attend formerly all White public schools, colleges, and universities including the representation of James Meredith against the University of Mississippi, Charlayne Hunter Gault and Hamilton Holmes against the University of Georgia, Autherine Lucy against the University of Alabama, Harvey Gantt against Clemson College, and Ernest Morial against Louisiana State University. Without her victories in the courtroom, the goal of ending racial segregation in public schools, colleges, and universities, public accommodations, and voting--a goal of the Civil Rights Movement--may not have been achieved. (6) As the country celebrates the 50th Anniversary of the ``Birmingham Movement'', it is noted that Motley was the attorney who went South and represented Dr. King, defended his right to march in Birmingham, Alabama, and Albany, Georgia, and obtained the court order which mandated the reinstatement of over 1,000 school children who had been expelled from school for demonstrating with Dr. King in Birmingham fifty years ago. She represented ``Freedom Riders'' who rode buses to test the Supreme Court's 1960 ruling prohibiting segregation in interstate transportation. She protected the right of Blacks to ride and sit in any vacant seat on buses and trains, to use bathroom facilities and drink from fountains in bus and train stations, to be served and eat at lunch counters and restaurants, to vote, stay in hotels, and to go to parks, museums, and places of public accommodations on an equal basis with Whites. She won the case in the Supreme Court that led to the reversal of all arrests and convictions of all of the thousands of sit-in activists. (7) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one. (8) Constance Baker Motley's only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African- American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (9) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (10) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (11) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (12) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (13) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (14) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (15) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (16) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel Motley III, her 3 grandchildren, her brother, Edward Baker of Florida, and her sisters Eunice Royster and Marian Green, of New Haven, Connecticut. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. NATIONAL MEDALS. (a) National Medal.--The medal struck under section 3 is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States.

Congressional Tribute to Constance Baker Motley Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Small Business Opportunity Act of 2007''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``active duty'' has the meaning given that term in section 101 of title 10, United States Code; (2) the terms ``Administration'' and ``Administrator'' means the Small Business Administration and the Administrator thereof, respectively; (3) the term ``member of the Guard or Reserve'' means a member of a reserve component of the Armed Forces, as defined in section 101 of title 10, United States Code; (4) the term ``Secretary'' means the Secretary of Defense; and (5) the terms ``service-disabled veteran'', ``small business concern'', ``small business concern owned and controlled by service-disabled veterans'', ``small business concern owned and controlled by veterans'', and ``veteran'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL BUSINESSES. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended by adding at the end the following: ``(5) Relief from time limitations.-- ``(A) In general.--Any time limitation on any qualification, certification, or period of participation imposed under this Act on any program available to small business concerns shall be extended for a small business concern that-- ``(i) is owned and controlled by-- ``(I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States Code, on or after September 11, 2001; or ``(II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active military, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after September 11, 2001; and ``(ii) was subject to the time limitation during such period of active duty. ``(B) Duration.--Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.''. SEC. 4. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING RELATIONS BETWEEN EMPLOYERS AND THEIR RESERVE COMPONENT EMPLOYEES. (a) Study Required.--The Secretary shall conduct a study on options for promoting positive working relations between employers and Reserve component employees of such employers, including assessing options for improving the time in which employers of members of the Guard or Reserve are notified of the call or order of such members to active duty other than for training. (b) Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). (2) Contents.--The report submitted under paragraph (1) shall-- (A) describe what measures, if any, are being taken to inform members of the Guard or Reserve of the obligations and responsibilities of such members to their employers; (B) how effective such measures have been; and (C) whether there are additional measures that could be taken to promote positive working relations between members of the Guard or Reserve and their employers, including any steps that could be taken to ensure that employers are timely notified of a call to active duty. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Small Business and Entrepreneurship of the Senate; and (2) the Committee on Armed Services and the Committee on Small Business of the House of Representatives. SEC. 5. LOANS. (a) Guard and Reserve Loans.-- (1) In general.--Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) is amended-- (A) in subparagraph (E), by striking ``$1,500,000'' each place such term appears and inserting ``$2,000,000''; and (B) by adding at the end the following: ``(G) Notwithstanding any other provision of law, a loan not greater than $25,000 may be made under this paragraph without collateral.''. (2) Loan information.-- (A) In general.--The Administrator and the Secretary shall develop a joint website and printed materials providing information regarding any program for small business concerns that is available to veterans or Members of the Guard or Reserve. (B) Marketing.--The Administrator is authorized-- (i) to advertise and promote the program under section 7(b)(3) of the Small Business Act jointly with the Secretary and veterans' service organizations; and (ii) to advertise and promote participation by lenders in such program jointly with trade associations for banks or other lending institutions. (b) Study.-- (1) In general.--The Administrator and the Secretary shall jointly conduct a study of the feasibility of increasing the utilization of credit unions affiliated with the Department of Defense in programs administered by the Administrator. (2) Report.--Not later than 6 months after the date of enactment of this Act, the Administrator and the Secretary shall submit a joint report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the study conducted under paragraph (1). SEC. 6. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS DEVELOPMENT. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (c) and inserting the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsections (a) and (b), to remain available until expended-- ``(1) $2,000,000 for fiscal year 2008; ``(2) $2,100,000 for fiscal year 2009; and ``(3) $2,200,000 for fiscal year 2010.''. SEC. 7. INTERAGENCY TASK FORCE. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following: ``(d) Interagency Task Force.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Veterans Small Business Opportunity Act of 2007, the President shall establish an interagency task force to coordinate the efforts of Federal agencies necessary to increase capital and business development opportunities for, and increase the award of Federal contracting and subcontracting opportunities to, small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans (in this section referred to as the `task force'). ``(2) Membership.--The members of the task force shall include-- ``(A) the Administrator, who shall serve as chairperson of the task force; and ``(B) a representative from-- ``(i) the Department of Veterans Affairs; ``(ii) the Department of Defense; ``(iii) the Administration (in addition to the Administrator); ``(iv) the Department of Labor; ``(v) the General Services Administration; and ``(vi) the Office of Management and Budget. ``(3) Duties.--The task force shall coordinate administrative and regulatory activities and develop proposals relating to-- ``(A) increasing capital access and capacity of small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans through loans, surety bonding, and franchising; ``(B) increasing access to Federal contracting and subcontracting for small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans through increased use of contract reservations, expanded mentor-protege assistance, and matching such small business concerns with contracting opportunities; ``(C) increasing the integrity of certifications of status as a small business concern owned and controlled by service-disabled veterans or a small business concern owned and controlled by veterans; ``(D) reducing paperwork and administrative burdens on veterans in accessing business development and entrepreneurship opportunities; and ``(E) making other improvements relating to the support for veterans business development by the Federal Government. ``(4) Reporting.--The task force shall submit an annual report regarding its activities and proposals to-- ``(A) the Committee on Small Business and Entrepreneurship and the Committee on Veterans' Affairs of the Senate; and ``(B) the Committee on Small Business and the Committee on Veterans' Affairs of the House of Representatives.''. SEC. 8. VETERAN-OWNED BUSINESS DATABASE IMPROVEMENTS. (a) Elimination of Duplicative Registrations.--Not later than 1 year after the date of enactment of this Act, the Administrator and the Secretary of Veterans Affairs shall review any registration database operated by the Administration or the Department of Veterans Affairs (including the Pro-Net database of the Administration, the Vendor Information Pages database of the Department of Veterans Affairs, or any successor to either such database) and take appropriate action to ensure that one-stop online registration for all such databases is available to small business concerns owned and controlled by service- disabled veterans and small business concerns owned and controlled by veterans seeking to participate in Federal contracting and subcontracting. (b) Certification Integrity.--The Administrator and the Secretary of Veterans Affairs shall establish criteria for the one-stop online registration described in subsection (a) that are in accordance with the requirements under any provision of law relating to the definitions of, certifications by, or representations of status as a small business concern owned and controlled by service-disabled veterans or a small business concern owned and controlled by veterans. SEC. 9. BUSINESS DEVELOPMENT AND MENTOR-PROTEGE ASSISTANCE. Section 36 of the Small Business Act (15 U.S.C. 657f) is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: ``(e) Business Development and Mentor-Protege Assistance.-- ``(1) In general.-- ``(A) In general.--Subject to subparagraph (B), the Administrator, in cooperation with the Secretary of Veterans Affairs, may develop a program for business development assistance (including mentor-protege assistance) for small business concerns owned and controlled by service-disabled veterans (in this subsection referred to as the `program'). ``(B) Condition.--In implementing the program, the Administrator shall take steps to ensure that the program helps to expand contracting opportunities for small business concerns owned and controlled by service-disabled veterans, while ensuring the continued success of procurement programs for other small business concerns. ``(2) Report.--Not later than 1 year after the date of enactment of the Veterans Small Business Opportunity Act of 2007, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report regarding-- ``(A) the feasibility of establishing and administering the program; and ``(B) the terms of assistance and internal controls proposed for the program.''. SEC. 10. COMPLIANCE WITH EXECUTIVE ORDER 13360. Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by inserting after subsection (e), as added by this Act, the following: ``(f) Executive Order 13360.--Implementation of this section shall be consistent with the requirements of Executive Order 13360 (69 Fed. Reg. 62549; relating to providing opportunities for service-disabled veteran-owned businesses), as in effect on October 20, 2004.''.

Veterans Small Business Opportunity Act of 2007 - Amends the Small Business Act to extend certain small business loan time limits with respect to a small business owned and controlled by: (1) a veteran called to active duty on or after September 11, 2001; or (2) a service-disabled veteran who became disabled due to an injury or illness incurred or aggravated during a period of active duty on or after such date. Extends such time limits by the period that the veteran was on active duty. Directs the Secretary of Defense to conduct a study for promoting positive working relations between employers and their reserve component employees. Increases: (1) certain Small Business Administration (SBA) loan limits for small business owners who are members of the National Guard or reserves; and (2) SBA funding for the Office of Veterans Business Development. Directs the President to establish an interagency task force to coordinate federal efforts to increase capital and business development opportunities for, and increase the award of federal contracting and subcontracting opportunities to, small businesses owned and controlled by disabled veterans and other veterans (businesses). Requires the SBA Administrator and the Secretary of Veterans Affairs to ensure one-stop online registration for such small businesses. Authorizes the Secretary to develop business development assistance for such small businesses.

A bill to provide additional relief for small business owners ordered to active duty as members of reserve components of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Trade Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (2) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (3) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; (4) the Castro regime has a record of harboring fugitives from United States justice and denying its people basic human and civil rights; (5) expanding bilateral trade with the Cuban people is one of the most effective ways of influencing change from within Cuba's repressive society and promoting progress on human rights and democratic rule; (6) since many United States trading partners, including all other countries in the Western Hemisphere, trade with Cuba, the affect of the United States policy is to disadvantage United States farmers and businesses that could otherwise compete in the Cuban market; (7) Cuba was one of the founding members of the General Agreement on Tariffs and Trade in 1947 and is an original member of the World Trade Organization; and (8) extending permanent normal trade relations to Cuba, as the United States has done with nearly every other member of the World Trade Organization, would enable the United States to avail itself of all rights under the World Trade Organization with respect to Cuba. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the enactment of this Act. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4) by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106-387 (114 Stat. 1549A-67)) is amended-- (1) in section 906(a)(1) by striking ``Cuba''; (2) in section 908-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--'' (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909; (4) by striking section 910; and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection (other than paragraph (2)(A)(iv)) shall not apply to Cuba after the date that is 60 days after the date of the enactment of this sentence.''. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Subsection (c) of section 902 of the Food Security Act of 1985 (7 U.S.C. 1446g note) is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT. (a) Sense of Congress.-- (1) In general.--It is the sense of the Congress that-- (A) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (B) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use article XXI of the GATT 1994 with respect to Cuba, understanding that the President retains full authority to invoke article XXI of the GATT 1994 and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances. (2) Definitions.--In this section, the term ``GATT 1994'' and ``Uruguay Round Agreements'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (b) Extension of Nondiscriminatory Treatment to the Products of Cuba.-- (1) Harmonized tariff schedule amendments.--General note 3(b) of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``to section 401 of the Tariff Classification Act of 1962,''; and (B) by striking ``Cuba''. (2) Repeal of section 401 of the tariff classification act of 1962.--Section 401 of the Tariff Classification Act of 1962 (76 Stat. 78) is repealed. (3) Termination of application of title iv of the trade act of 1974 to cuba.-- (A) Extension of nondiscriminatory treatment.-- Nondiscriminatory treatment (normal trade relations treatment) shall apply to the products of Cuba. (B) Termination of application of title iv.--Title IV of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) shall cease to apply to Cuba. (4) Effective date.--This section, and the amendments and repeal made by this section, shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (c) Report to Congress.--The President shall submit to the Congress, not later than 18 months after the date of the enactment of this Act, a report on trade relations between the United States and Cuba. SEC. 9. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 10. EFFECTIVE DATE. Except as provided in section 8, this Act shall take effect 60 days after the date of the enactment of this Act.

United States-Cuba Trade Act of 2003 - Amends the Foreign Assistance Act of 1961 (including other specified laws) to repeal the embargo placed upon all trade with Cuba.Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba (except that such requirement shall apply to countries that have been determined to repeatedly provide support for acts of international terrorism).Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents.Requires the U.S. Postal Service to provide direct mail service to and from Cuba.Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights.Expresses the sense of Congress that: (1) the United States should promote democratic change and economic reform by normalizing trade relations with Cuba; and (2) upon the enactment of this Act, it will no longer be necessary for the United States to continue to use Article XXI of the General Agreement on Tariffs and Trade (GATT) 1994 with respect to Cuba, understanding that the President retains full authority to invoke Article XXI and comparable provisions in other Uruguay Round Agreements in the future in all appropriate circumstances.Amends the Harmonized Tariff Schedule of the United States to extend nondiscriminatory treatment (normal trade relations) to the products of Cuba.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make. Declares that this prohibition does not prohibit the prosecution or conviction of any person committing a criminal offense relating to the laundering of money or engaging in monetary transactions in property derived from unlawful activities.

A bill to lift the trade embargo on Cuba, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eradication of Slavery in Sudan Act of 2007''. SEC. 2. ESTABLISHMENT AND COMPOSITION. (a) In General.--There is established the United States Commission to Monitor Slavery and its Eradication in Sudan (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of five members, who are not employees of the Federal Government and who shall be appointed as follows: (A) One member of the Commission shall be appointed by the President. (B) One member of the Commission shall be appointed by the Speaker of the House of Representatives. (C) One member of the Commission shall be appointed by the majority leader of the Senate. (D) One member shall be appointed by the minority leader of the House of Representatives. (E) One member shall be appointed by the minority leader of the Senate. (2) Selection.-- (A) In general.--Members of the Commission shall be selected from among distinguished individuals noted for their knowledge about Sudan and who have experience in fields relevant to the issues of abduction and enslavement of persons, human rights, and international law. (B) Security clearances.--Each member of the Commission shall be required to obtain an appropriate security clearance necessary to carry out the purposes of this Act. (3) Time of appointment.--The appointments required under paragraph (1) shall be made not later than 90 days after the date of the enactment of this Act. (c) Term of Office.--The term of office of each member of the Commission shall be three years. Members of the Commission shall be eligible for reappointment to a second term. (d) Time for Meetings and Elections of Chair.-- (1) Initial meeting.--Not later than 60 days after all the appointments have been made under subsection (b), the Commission shall hold its initial meeting. (2) Election of chair.--A majority of the members of the Commission present and voting at the initial meeting shall elect the Chair of the Commission. (3) Subsequent meetings.--The Commission shall meet at the call of the Chair or, if no Chair has been elected for that calendar year, at the call of three voting members of the Commission. (4) Subsequent elections of chair.--At the first meeting of the Commission in each calendar year, a majority of the members of the Commission present and voting shall elect the Chair of the Commission. (e) Executive Director.--Not later than 60 days after the initial meeting under subsection (d)(1), the Chair, in consultation with the members of the Commission, shall hire an Executive Director. (f) Duties of Executive Director.--The Executive Director hired under subsection (e) shall-- (1) prepare a workplan for the Commission's duties under section 3; (2) devise a budget for the annual operations of the Commission; (3) hire staff and consultants for the Commission; (4) develop working relationships with like-minded civil society organizations; and (5) work with the General Services Administration to identify offices for the Commission and take all necessary actions for the Commission to occupy its space, acquire equipment, and secure all necessary services. (g) Quorum.--Three voting members of the Commission shall constitute a quorum for purposes of conducting the affairs of the Commission. (h) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (i) Administrative Support.--The President shall provide working space for the Commission at no cost through the General Services Administration. (j) Funding.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 3. RESPONSIBILITIES OF THE COMMISSION. (a) In General.--The Commission shall have as its primary responsibilities-- (1) reporting on progress made by the Government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the Government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) assessing and reporting on the needs of former slaves for access to basic education and skills training, as well as medical, social, and psychological support for their effective rehabilitation and reintegration into society; (5) identifying those individuals and groups responsible for slavery and reporting on whether such individuals and groups are brought to justice; (6) reviewing programs of relevant United States Government agencies with respect to slavery in Sudan, including the United States Agency for International Development, the Department of State, the President's Interagency Task Force to Monitor and Combat Trafficking in Persons, and the Human Smuggling and Trafficking Center; and (7) recommending actions to be taken by the United States Government with respect to the Government of Sudan in response to the Sudanese Government's inaction to eradicate slavery, in accordance with subsection (c). (b) Hearings and Sessions.--The Commission may, for the purpose of carrying out its duties under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines necessary. (c) Policy Review and Recommendations.-- (1) In general.--The Commission, in evaluating United States Government policies, shall consider policy options and recommend actions to be taken by the United States Government in accordance with paragraph (2) with respect to the Government of Sudan. (2) Failure to act to eradicate slavery.--To the extent that the Government of Sudan fails to act to eradicate slavery, such options and actions referred to in paragraph (1) may include diplomatic inquiries, diplomatic protests, official public protest, demarche of protest, condemnation within multilateral fora, delay or cancellation of cultural or scientific exchanges, delay or cancellation of working, official, or state visits, reduction or termination of certain assistance funds, imposition of targeted or broad trade sanctions, and withdrawal of the chief of mission. SEC. 4. REPORT OF THE COMMISSION. (a) In General.--Not later than October 1st of each year, the Commission shall submit to the Secretary of State a report on the efforts of the Commission with respect to its responsibilities under subsection (a) of section 3. (b) Classified Form of Report.--The report may be submitted in classified form, together with a public summary of policy recommendations made pursuant to section 3(c), if the classification of information would further the purposes of this Act. (c) Individual or Dissenting Views.--Each member of the Commission may include the individual or dissenting views of the member. SEC. 5. APPLICABILITY OF OTHER LAWS. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission $1,500,000 for fiscal year 2008 and $2,000,000 for fiscal year 2009 to carry out the purposes of this Act. (b) Availability of Funds.--Amounts authorized to be appropriated under subparagraph (a) are authorized to remain available until expended, but not later than the date of the termination of the Commission. SEC. 7. TERMINATION. The Commission shall terminate six years after the initial appointment of all of the members of the Commission.

Eradication of Slavery in Sudan Act of 2007 - Establishes the United States Commission to Monitor Slavery and its Eradication in Sudan, which shall have as its primary responsibility: (1) reporting on progress made by the government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) ensuring that former slaves have access to basic education and skill training, as well as medical, social, and psychological support needed for their rehabilitation and reintegration into society; (5) ensuring that those individuals responsible for slavery are brought to justice; and (6) recommending U.S. government actions in response to the Sudanese government's inaction to eradicate slavery. Terminates the Commission six years after the initial appointment of all of the members.

To establish the United States Commission to Monitor Slavery and its Eradication in Sudan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deepwater Port Modernization Act''. SEC. 2. DEFINITIONS. Section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10)) is amended-- (1) by striking ``for the loading or unloading'' and inserting ``for the transportation, storage,''; and (2) by inserting after ``section 23'' the following: ``, and for any other use consistent with the purposes of this Act, including transportation of oil from the Outer Continental Shelf of the United States''. SEC. 3. LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A DEEPWATER PORT. Section 4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended-- (1) in subsection (a), by striking the last sentence; (2) in subsection (c)-- (A) by striking paragraph (7); and (B) by redesignating paragraphs (8) through (10) as paragraphs (7) through (9), respectively; (3) in subsection (e)-- (A) by striking ``(e)(1) In'' and inserting the following: ``(e) Terms of Licenses.-- ``(1) Conditions.-- ``(A) In general.--In''; (B) in paragraph (1)-- (i) in the first sentence, by striking ``any conditions which he'' and inserting ``only such conditions as the Secretary''; (ii) by striking ``On petition'' and inserting the following: ``(B) Preference for license conditions.--To the maximum extent practicable-- ``(i) conditions required to carry out this Act shall be addressed in license conditions rather than regulations; and ``(ii) a license shall allow the operating procedures of a deepwater port to be specified in an operations manual, prepared in accordance with section 10(a) and approved by the Secretary of the department in which the Coast Guard is operating, rather than in detailed and specific license conditions or regulations. ``(C) Review of conditions.--On petition''; (iii) by striking ``The Secretary'' and inserting the following: ``(D) Amendment and rescission of conditions.-- ``(i) In general.--The Secretary''; and (iv) in subparagraph (D) (as so designated), by adding at the end the following: ``(ii) Procedures for amendments.--An amendment of a license or operations manual-- ``(I) shall not be considered to be a rulemaking or adjudication within the meaning of chapter 5 of title 5, United States Code; and ``(II) may be made in accordance with such procedures as the Secretary determines are appropriate given the issues involved.''; and (C) in paragraph (2)(A), by striking ``application, as approved,'' and inserting ``license''; and (4) by striking subsection (f) and inserting the following: ``(f) Amendment, Transfer, or Reinstatement of License.--The Secretary may amend, transfer, or reinstate a license issued under this Act on finding that the amendment, transfer, or reinstatement is consistent with the purposes of this Act.''. SEC. 4. EXEMPTIONS FROM CERTAIN INFORMATION REQUIREMENTS. Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)) is amended by adding at the end the following: ``(3) Exemptions from certain information requirements.-- The Secretary may exempt a person from any information requirement under paragraph (2), or under any other provision of this Act, if the Secretary determines that the information is not necessary to facilitate the determinations of the Secretary under section 4.''. SEC. 5. ANTITRUST REVIEW. Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is amended-- (1) by striking subsections (a) and (b)(1); (2) by striking ``(2) Nothing'' and inserting the following: ``(a) Authority To Challenge Anti-Competitive Situations.-- Nothing''; (3) by striking ``(3) Nothing'' and inserting the following: ``(b) Effect on Antitrust Laws.--Nothing''; and (4) in subsections (a) and (b) (as so redesignated), by striking ``section'' each place it appears and inserting ``Act''. SEC. 6. COMMON CARRIER STATUS. Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 1507) is amended-- (1) in subsection (a), by inserting ``and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which the license of the deepwater port is issued,'' before ``except as provided''; and (2) in subsection (b), by striking ``(b) A licensee'' and all that follows through ``However, a licensee is not'' and inserting the following: ``(b) Exceptions.--A licensee shall not be considered to be discriminating for the purpose of subsection (a) and shall not be''. SEC. 7. MARINE PROTECTION AND NAVIGATIONAL SAFETY. Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a)) is amended-- (1) by striking ``shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules'' and inserting ``, with respect to a deepwater port, shall prescribe and enforce procedures, by regulation or through the operations manual of a licensee,''; (2) by striking ``unloading procedures'' and inserting ``unloading''; and (3) by adding at the end the following: ``Compliance by a licensee with its operations manual, as approved by the Secretary of the department in which the Coast Guard is operating, shall constitute compliance with all requirements under this Act applicable to the subjects addressed in the operations manual.''.

Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) that is located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf. Eliminates: (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports. Authorizes the Secretary to exempt a person from certain information requirements with respect to the issuance of a deepwater port license. Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary of Transportation first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws. Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it. Directs the Secretary to prescribe and enforce marine protection and navigational safety procedures with respect to a deepwater port through the operations manual of a deepwater port licensee. (Currently, such procedures are enforced by regulation.)

Deepwater Port Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Penalty Enhancement Act of 2002''. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ``Sec. 1028A. Aggravated identity theft ``(a) Offenses.-- ``(1) In general.--Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ``(2) Terrorism offense.--Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ``(b) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place on probation any person convicted of a violation of this section; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; ``(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ``(c) Definition.--For purposes of this section, the term `felony violation enumerated in subsection (c)' means any offense that is a felony violation of-- ``(1) section 664 (relating to theft from employee benefit plans); ``(2) section 911 (relating to false personation of citizenship); ``(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); ``(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); ``(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); ``(6) any provision contained in chapter 69 (relating to nationality and citizenship); ``(7) any provision contained in chapter 75 (relating to passports and visas); ``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses); ``(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); ``(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or ``(11) section 208, 1107(b), or 1128B(a) of the Social Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a)) (relating to false statements relating to programs under the Act).''. (b) Amendment to Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following new item: ``1028A. Aggravated identity theft.''. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7)-- (A) by striking ``transfers'' and inserting ``transfers, possesses,''; and (B) by striking ``abet,'' and inserting ``abet, or in connection with,''; (2) in subsection (b)(1)(D), by striking ``transfer'' and inserting ``transfer, possession,''; (3) in subsection (b)(2), by striking ``three years'' and inserting ``5 years''; and (4) in subsection (b)(4), by inserting after ``facilitate'' the following: ``an act of domestic terrorism (as defined under section 2331(5) of this title) or''.

Identity Theft Penalty Enhancement Act of 2002 - Amends the Federal criminal code to establish penalties for aggravated identity theft.Prescribes a sentence of: (1) two years imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including felonies relating to theft from employee benefit plans and to various fraud and immigration offenses), in addition to the punishment provided for such felony; and (2) five years imprisonment for knowingly taking such action during and in relation to specified felony violations pertaining to terrorist acts, in addition to the punishment provided for such felony.Bars probation for any person convicted of such violations. Provides for consecutive sentences, subject to specified limitations.Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.

To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Data Quality Act of 2004''. SEC. 2. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by amending the section heading to read as follows: ``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS.''. (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) Use of Certain Data.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available or the best scientific data available, the Secretary shall-- ``(1) ensure that such data comply with guidelines issued under section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A- 171) by the Director of the Office of Management and Budget, and any guidance issued by the Secretary pursuant to such guidelines, except as provided in this Act; ``(2) ensure that such data include timely field survey data to the extent such data are available; and ``(3) give greater weight to interpretations of data derived from or verified by timely field work (commonly referred to as `empirical data') that have been subjected to peer-review.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Establishment of criteria for scientific data to support listing.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met in order to determine under this section that data is the best scientific and commercial data available and for best scientific data available to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(10) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination or designation, respectively, is supported by data obtained by timely fields. ``(B) Data from real property owners and operators.--The Secretary shall-- ``(i) accept data during the appropriate public comment period regarding the status of a species that is collected by an individual who is an owner of real property or who holds or is an applicant for a contract, lease, or other permit for real property through observation of the species on the real property; and ``(ii) acknowledge receipt of data submitted under clause (i) and include such data in the rulemaking record compiled under this section for any determination that the species is an endangered species or a threatened species.''. (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6) Additional data.-- ``(A) Identification.--The Secretary shall-- ``(i) identify and publish in the Federal Register with the notice of a proposed regulation published pursuant to subsection (b)(5)(A)(i), and with notice of any final regulation published pursuant to subsection (b)(6), a description of additional scientific and commercial data that would assist in the preparation of a recovery plan; ``(ii) invite any person to submit such data to the Secretary; and ``(iii) describe the steps that the Secretary plans to take to acquire additional data. ``(B) Consideration.--Data identified and obtained under subparagraph (A) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan in accordance with section 5.''. SEC. 3. PEER REVIEW. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Covered action.--The term `covered action' means-- ``(i) a proposed determination under subsection (a)(1) that a species is an endangered species or a threatened species under subsection (a)(1); ``(ii) a proposed determination under subsection (a)(1) that would change the status of a species as an endangered species or a threatened species or would remove such a species from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); and ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species, including the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3). ``(B) Qualified individual.--The term `qualified individual' means an individual-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the species or a similar species or other scientific expertise relevant to the covered action; ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the covered action that is the subject of the review; and ``(iii) who has not advocated a position, and is not employed by a person who has advocated a position, with respect to the outcome of the covered action that is the subject of the review, or of any previous covered action with respect to the affected species. ``(C) Conflict of interest.--The term `conflict of interest'-- ``(i) shall have such meaning as is established by regulations as shall be issued by the Secretary; and ``(ii) shall include, in accordance with such regulations, direct financial interests in the outcome of the action that will be the subject of the review, including consulting arrangements, grants, honoraria, or employment. ``(2) Recommendation of independent reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and the governors of affected States of qualified individuals to serve as independent reviewers for a covered action. ``(3) Appointment of independent scientific reviewers.--(A) Before making the final decision on any covered action, the Secretary shall appoint, from among the individuals recommended under paragraph (2), 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the covered action is based. ``(B) The selection and activities of the independent reviewers appointed pursuant to this paragraph shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) If funds are available, the Secretary shall provide compensation to an individual for service as an independent reviewer under this paragraph, at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-14 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as an independent reviewer. ``(4) Information for review.--The Secretary shall transmit to the independent reviewers all available scientific and commercial data identified in the administrative record for the action at the time of the transmission. ``(5) Response of independent reviewers.--The independent reviewers shall provide the Secretary, within 3 months after the transmission of the data under paragraph (4), their reviews regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(6) Notice of data availability.-- ``(A) Following receipt of the reviews provided under paragraph (5) and not less than 30 days before making the final decision on a covered action described in paragraph (1)(A)(i) or (ii), the Secretary shall publish a notice of the availability of the draft determination of which data available qualify as the best scientific and commercial data available on which the final decision will be based and which do not, including any ongoing assessments that are expected to produce such data. ``(B) The Secretary shall provide the public with not less than 15 days to identify any additional information that should be considered as best scientific and commercial data available data with respect to a covered action described in paragraph (1)(A)(i) or (ii), including the reasons why such information should be so considered. ``(C) The Secretary shall explain, in the notice of final covered action with respect to a covered action described in paragraph (1)(A)(i) or (ii), why information identified under subparagraph (B) did or did not qualify as the best scientific and commercial data available. ``(D) The Secretary shall identify the data that qualified as the best scientific and commercial data available on which the final decision with respect to a covered action described in paragraph (1)(A)(iii) or (iv) is based in a final biological opinion or final recovery plan for the covered action. ``(7) Final determination.--The Secretary shall evaluate the reviews received pursuant to paragraph (5) and include in the final determination-- ``(A) a summary of each independent review; and ``(B) in any case in which the Secretary does not accept a recommendation of an independent reviewer with respect to data reviewed pursuant to this subsection, an explanation of why the recommendation was not followed. ``(8) Public notice.--The reviews received by the Secretary pursuant to paragraph (5) shall be included in the official record of the final decision on the action and shall be available for public review as soon as the final decision is issued.''. SEC. 4. IMPROVED CONSULTATION. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) Use of state information.--In conducting a consultation under subsection (a)(2), the Secretary-- ``(i) shall actively solicit and consider information from the governor of the State where the agency action is located; and ``(ii) shall provide an opportunity for the governor of any State otherwise affected by the agency action, as determined by the Secretary, to submit information.''. (b) Opportunity To Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D) Opportunity to participate in consultations.-- ``(i) In general.--In conducting a consultation under subsection (a)(2), the Secretary shall provide to any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation or who holds or is an applicant for a Federal contract, lease, or other permit that may be materially affected by an agency action that is the subject of the consultation-- ``(I) the opportunity, before the development of a draft biological opinion, to submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and any actions that could serve as reasonable and prudent measures or reasonable and prudent alternatives in the event such measures or alternatives are necessary to complete the consultation; ``(II) information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including any associated statement under subsection (b)(4); and ``(III) a copy, on request, of the draft biological opinion, including any draft statement under subsection (b)(4), that was provided to the Federal agency and, before issuance of the final biological opinion and statement, the opportunity to submit comments on the draft biological opinion and statement and to discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion and statement. ``(ii) Explanation.--If reasonable and prudent alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall explain to the person why those alternatives were not included in the opinion. ``(iii) Public access to information.-- Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''. Amend the title so as to read: ``A bill to amend the Endangered Species Act of 1973 to provide guidance and direction on the development and use of data under that Act, and for other purposes.''.

Endangered Species Data Quality Act of 2004 - (Sec. 2) Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required to use the best scientific and commercial data available or the best scientific data available in determining that a species is an endangered or threatened species, to: (1) ensure that such data complies with specified guidelines and includes timely field survey data to the extent such data is available; and (2) give greater weight to scientific and commercial data that is empirical or that has been field-tested or peer-reviewed. Directs the Secretary to promulgate regulations that establish criteria for selecting and using such data. Prohibits the Secretary from determining that a species is endangered or threatened unless the determination is supported by timely field data. Requires the Secretary to include in the rule-making record of such a determination data collected by real property owners or persons holding or applying for contracts, leases, or other permits for real property. Requires the Secretary to publish, with notice of a proposed or final regulation, a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. (Sec. 3) Directs the Secretary to: (1) solicit recommendations from the National Academy of Sciences and the governors of affected States for qualified individuals to serve as independent reviewers for "covered actions" (defined to include proposed listings, delistings, or reclassifications of endangered or protected species, the development of recovery plans, and jeopardy determinations); and (2) appoint from such list three individuals who shall report to the Secretary on the scientific information and analyses on which a covered action is based. Requires: (1) the Secretary to transmit to the independent reviewers all available scientific and commercial data in the administrative record with regard to an action; and (2) the reviewers to provide the Secretary with their response within three months of such transmission. Directs the Secretary to: (1) publish notice of the draft determination regarding data on which a final determination will be based and provide an opportunity for public comment following receipt of the reviewers' response; and (2) include in the final determination a summary of each independent review (and, if reviewers' recommendations are rejected, an explanation for that decision). (Sec. 4) Requires the Secretary, when consulting with a Federal agency to determine whether agency action will jeopardize an endangered or threatened species or destroy the critical habitat of such species, to: (1) actively solicit and consider information provided by governors of States where the agency action is located; (2) provide governors of States otherwise affected by such action with an opportunity to submit information; and (3) allow any person who has sought agency authorization or funding for an action to participate in related consultations and to make related comments or other information publicly available.

To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed, and for other purposes.

SECTION 1. SHORT TITLES. This Act may be cited as the ``Strengthening Privacy, Oversight, and Transparency Act'' or the ``SPOT Act''. SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) is amended by inserting ``and conduct foreign intelligence activities'' after ``terrorism'' in the following provisions: (1) Paragraphs (1) and (2) of subsection (c). (2) Subparagraphs (A) and (B) of subsection (d)(1). (3) Subparagraphs (A), (B), and (C) of subsection (d)(2). SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by section 2, is further amended-- (1) in subsection (d), by adding at the end the following new paragraph: ``(5) Whistleblower complaints.-- ``(A) Submission to board.--An employee of, or contractor or detailee to, an element of the intelligence community may submit to the Board a complaint or information that such employee, contractor, or detailee believes relates to a privacy or civil liberties concern. ``(B) Authority of board.--The Board may take such action as the Board considers appropriate with respect to investigating a complaint or information submitted under subparagraph (A) or transmitting such complaint or information to any other Executive agency or the congressional intelligence committees. ``(C) Relationship to existing laws.--The authority under subparagraph (A) of an employee, contractor, or detailee to submit to the Board a complaint or information shall be in addition to any other authority under another provision of law to submit a complaint or information. Any action taken under any other provision of law by the recipient of a complaint or information shall not preclude the Board from taking action relating to the same complaint or information. ``(D) Relationship to actions taken under other laws.--Nothing in this paragraph shall prevent-- ``(i) any individual from submitting a complaint or information to any authorized recipient of the complaint or information; or ``(ii) the recipient of a complaint or information from taking independent action on the complaint or information.''; and (2) by adding at the end the following new subsection: ``(n) Definitions.--In this section, the terms `congressional intelligence committees' and `intelligence community' have the meaning given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).''. SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA POWER. Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended-- (1) in paragraph (1)(D), by striking ``submit a written request to the Attorney General of the United States that the Attorney General''; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Section 1061(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Appointment in absence of chairman.--If the position of chairman of the Board is vacant, during the period of the vacancy the Board, at the direction of the majority of the members of the Board, may exercise the authority of the chairman under paragraph (1).''. SEC. 6. TENURE AND COMPENSATION OF PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD MEMBERS AND STAFF. (a) In General.--Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by sections 2 and 3, is further amended-- (1) in subsection (h)-- (A) in paragraph (1), by inserting ``full-time'' after ``4 additional''; and (B) in paragraph (4)(B), by striking ``, except that'' and all that follows through the end and inserting a period; (2) in subsection (i)(1)-- (A) in subparagraph (A), by striking ``level III of the Executive Schedule under section 5314'' and inserting ``level II of the Executive Schedule under section 5313''; and (B) in subparagraph (B), by striking ``level IV of the Executive Schedule'' and all that follows through the end and inserting ``level III of the Executive Schedule under section 5314 of title 5, United States Code.''; and (3) in subsection (j)(1), by striking ``level V of the Executive Schedule under section 5316'' and inserting ``level IV of the Executive Schedule under section 5315''. (b) Effective Date; Applicability.-- (1) In general.--The amendments made by subsection (a) shall-- (A) take effect on the date of enactment of this Act; and (B) except as provided in paragraph (2), apply to any appointment to a position as a member of the Privacy and Civil Liberties Oversight Board made on or after the date of the enactment of this Act. (2) Exceptions.-- (A) Compensation changes.--The amendments made by paragraphs (2)(A) and (3) of subsection (a) shall take effect on the first day of the first pay period beginning after the date of the enactment of this Act. (B) Election to serve full time by incumbents.-- (i) In general.--An individual serving as a member of the Privacy and Civil Liberties Oversight Board on the date of the enactment of this Act, including a member continuing to serve as a member under section 1061(h)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)(4)(B)), (in this subparagraph referred to as a ``current member'') may make an election to-- (I) serve as a member of the Privacy and Civil Liberties Oversight Board on a full-time basis and in accordance with section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by this Act; or (II) serve as a member of the Privacy and Civil Liberties Oversight Board on a part-time basis in accordance with such section 1061, as in effect on the day before the date of enactment of this Act, including the limitation on service after the expiration of the term of the member under subsection (h)(4)(B) of such section, as in effect on the day before the date of the enactment of this Act. (ii) Election to serve full time.--A current member making an election under clause (i)(I) shall begin serving as a member of the Privacy and Civil Liberties Oversight Board on a full-time basis on the first day of the first pay period beginning not less than 60 days after the date on which the current member makes the election. SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. The Attorney General should fully inform the Privacy and Civil Liberties Oversight Board about any activities carried out by the Government under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), including by providing to the Board-- (1) copies of each detailed report submitted to a committee of Congress under such Act; and (2) copies of each decision, order, and opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review required to be included in the report under section 601(a) of such Act (50 U.S.C. 1871(a)).

Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board (PCLOB) to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence. Allows intelligence community employees, contractors, or detailees to submit to the PCLOB a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the PCLOB to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees. Authorizes the PCLOB to subpoena persons (other than agencies and elements of the executive branch) to produce documentary or testimonial evidence. (Currently, the PCLOB submits a request for the Attorney General to issue a subpoena.) Permits the PCLOB, at the direction of the majority of its members, to exercise the authority of the PCLOB chairman to appoint and fix compensation of PCLOB staff when the position of chairman is vacant. Provides for members of the PCLOB to serve in a full-time capacity. Removes exceptions to the requirement that members continue to serve after the expiration of their term of office until a successor has been appointed and qualified. Revises the compensation of the PCLOB chairman, members, and staff. Directs the Attorney General to fully inform the PCLOB about government activities under the Foreign Intelligence Surveillance Act of 1978 (FISA), including by providing to the PCLOB copies of: (1) FISA reports submitted to Congress; and (2) FISA court decisions, orders, and opinions that include significant construction or interpretation of FISA.

SPOT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Silicone Breast Implant Research and Information Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) According to the Institute of Medicine, it is estimated that 1,000,000 to 2,000,000 American women have received silicone breast implants over the last 35 years. (2) Silicone breast implants have been used primarily for breast augmentation, but also as an important part of reconstruction surgery for breast cancer or other conditions. (3) Women with breast cancer or other medical conditions seek access to the broadest possible treatment options, including silicone breast implants. (4) Women need complete and accurate information about the potential health risks and advantages of silicone breast implants so that women can make informed decisions. (5) Although the rate of implant rupture and silicone leakage has not been definitively established, estimates are as high as 70 percent. (6) According to a 1997 Mayo Clinic study, 1 in 4 women required additional surgery because of their implants within 5 years of receiving them. (7) In addition to potential systemic complications, local changes in breast tissue such as hardening, contraction of scar tissue surrounding implants, blood clots, severe pain, burning rashes, serious inflammation, or other complications requiring surgical intervention following implantation have been reported. (8) According to the Institute of Medicine, concern remains that exposure to silicone or other components in silicone breast implants may result in currently undefined connective tissue or autoimmune diseases. (9) A group of independent scientists and clinicians convened by the National Institute of Arthritis and Musculoskeletal and Skin Diseases in April of 1997 addressed concerns that an association may exist between atypical connective tissue disease and silicone breast implants, and called for additional basic research on the components of silicone as well as biological responses to silicone. (10) According to many reports, including a study published in the Journal of the National Cancer Institute, the presence of silicone breast implants may create difficulties in obtaining complete mammograms. (11) According to a 1995 Food and Drug Administration publication, although silicone breast implants usually do not interfere with a woman's ability to nurse, if the implants leak, there is some concern that the silicone may harm the baby. Some studies suggest a link between breast feeding with implants and problems with the child's esophagus. (b) Purpose.--It is the purpose of this Act to promote research to identify and evaluate the health effects of silicone breast implants, and to ensure that women and their doctors receive accurate information about such implants. (c) Rule of Construction.--Nothing in this Act shall be construed to affect any rule or regulation promulgated under the authority of the Food, Drug and Cosmetic Act that is in effect on the date of enactment of this Act relating to the availability of silicone breast implants for reconstruction after mastectomy, correction of congenital deformities, or replacement for ruptured silicone implants for augmentation. SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. SILICONE BREAST IMPLANT RESEARCH. ``(a) Institute-Wide Coordinator.--The Director of NIH shall appoint an appropriate official of the Department of Health and Human Services to serve as the National Institutes of Health coordinator regarding silicone breast implant research. Such coordinator shall encourage and coordinate the participation of all appropriate Institutes in research on silicone breast implants, including-- ``(1) the National Institute of Allergy and Infectious Diseases; ``(2) the National Institute of Arthritis and Musculoskeletal and Skin Diseases; ``(3) the National Institute of Child Health and Human Development; ``(4) the National Institute of Environmental Health Sciences; ``(5) the National Institute of Neurological Disorders and Stroke; and ``(6) the National Cancer Institute. ``(b) Study Sections.--The Director of NIH shall establish a study section or special emphasis panel if determined to be appropriate, for the National Institutes of Health to review extramural research grant applications regarding silicone breast implants to ensure the appropriate design and high quality of such research and shall take appropriate action to ensure the quality of intramural research activities. ``(c) Clinical Study.-- ``(1) In general.--The Director of NIH shall conduct or support research to expand the understanding of the health implications of silicone breast implants. Such research should, if determined to be scientifically appropriate, include a multidisciplinary, clinical, case-controlled study of women with silicone breast implants. Such a study should involve women who have had such implants in place for at least 8 years, focus on atypical disease presentation, neurological dysfunction, and immune system irregularities, and evaluate to what extent if any, their health differs from that of suitable controls, including women with saline implants as a subset. ``(2) Annual report.--The Director of NIH shall annually prepare and submit to the appropriate Committees of Congress a report concerning the results of the study conducted under paragraph (1).''. SEC. 4. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION. To assist women and doctors in receiving accurate and complete information about the risks of silicone breast implants, the Commissioner on Food and Drugs shall-- (1) ensure that the toll-free Consumer Information Line and materials concerning breast implants provided by the Food and Drug Administration are available, up to date, and responsive to reports of problems with silicone breast implants, and that timely aggregate data concerning such reports shall be made available to the public upon request and consistent with existing confidentiality standards; (2) revise the Administration's breast implant information update to clarify the procedure for reporting problems with silicone implants or with the conduct of adjunct studies, and specifically regarding the use of the Medwatch reporting program; (3) require that manufacturers of silicone breast implants update implant package inserts and informed consent documents regularly to reflect accurate information about such implants, particularly the rupture rate of such implants; and (4) require that any manufacturer of such implants that is conducting an adjunct study on silicone breast implants-- (A) amend such study protocol and informed consent document to reflect that patients must be provided with a copy of informed consent documents at the initial, or earliest possible, consultation regarding breast prosthesis; (B) amend the informed consent to inform women about how to obtain a Medwatch form and encourage any woman who withdraws from the study, or who would like to report a problem, to submit a Medwatch form to report such problem or concerns with the study and reasons for withdrawing; and (C) amend the informed consent document to provide potential participants with the inclusion criteria for the clinical trial and the toll-free Consumer Information number. SEC. 5. PRESIDENT'S INTERAGENCY COMMITTEE ON SILICONE BREAST IMPLANTS. (a) Establishment.--There is established an interagency committee, to be known as the President's Interagency Committee on Silicone Breast Implants (referred to in this Act as the ``Committee''), to ensure the strategic management, communication, and oversight of the policy formation, research, and activities of the Federal Government regarding silicone breast implants. (b) Composition.--The Committee shall be composed of-- (1) an individual to be appointed by the President who represents the White House domestic policy staff; (2) a representative, to be appointed by the Secretary of Health and Human Services, from-- (A) the Office of Women's Health at the Department of Health and Human Services; (B) the National Institutes of Health; (C) the Food and Drug Administration; and (D) the Centers for Disease Control and Prevention; (3) a representative of the Department of Defense with experience in the Department's breast cancer research program; (4) representatives of any other agencies deemed necessary to accomplish the mission of the Committee, including the Social Security Administration if appropriate; (5) up to 4 individuals to be appointed by the President from scientists with established credentials and publications in the area of silicone breast implants; and (6) 2 women who have or have had silicone breast implants to be appointed by the President. (c) Chairperson.-- (1) In general.--The individual appointed under subsection (b)(2)(A), or other official if the President determines that such other official is more appropriate, shall service as the chairperson of the Committee. (2) Duties.--The chairperson of the Committee shall-- (A) not less than twice each year, convene meetings of the Committee; and (B) compile information for the consideration of the full Committee at such meetings. (d) Meetings.--The meetings of the Committee shall be open to the public and public witnesses shall be given the opportunity to speak and make presentations at such meetings. Each member of the Committee shall make a presentation to the full Committee at each such meeting concerning the activities conducted by such member or by the entity that such member is representing related to silicone breast implants. (e) Administrative Provisions.-- (1) Terms and vacancies.--A member of the Committee shall serve for a term of 2 or 4 years (rotating terms). A member may be reappointed 2 times, but shall not exceed 8 years of service. Any vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to carry out the duties of the Committee. (2) Compensation; reimbursement of expenses.--Members of the Committee may not receive compensation for service on the Committee. Such members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Committee. (3) Staff; administrative support.--The Secretary of Health and Human Services shall, on a reimbursable basis, provide to the Committee such staff, administrative support, and other assistance as may be necessary for the Committee to effectively carry out the duties under this section. (4) Conflict of interest.--The members of the Committee shall not be in violation of any Federal conflict of interest laws. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.

Silicone Breast Implant Research and Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Guard Retention and College Access Act''. SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. (a) Findings.--Congress makes the following findings: (1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander in Chief and, unlike other National Guards, is permanently federalized. (2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. (3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. (4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. (5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. (6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. (7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. (8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. (9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. (b) Educational Assistance Program Authorized.--The commanding general of the District of Columbia National Guard (in this section referred to as the ``commanding general'') may provide financial assistance under this section to a member of the District of Columbia National Guard who has satisfactorily completed required initial active duty service and executes a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years, to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, master's, vocational, or technical degree or certification. (c) Maintenance of Eligibility.--To continue to be eligible for financial assistance under this section, a member of the District of Columbia National Guard must-- (1) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard; (2) be enrolled on a full-time or part-time basis (at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and (3) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). (d) Covered Expenses.--Financial assistance received by a member of the District of Columbia National Guard under this section may be used to cover-- (1) tuition and fees charged by an approved institution of higher education involved; (2) the cost of books; and (3) laboratory expenses. (e) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under this section may be up to $400 per credit hour, but not to exceed $5,500 per year. If the commanding general determines that the amount available to provide assistance under this section in any year will be insufficient, the commanding general may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. (f) Relation to Other Assistance.--A member of the District of Columbia National Guard may receive financial assistance under this section in addition to assistance provided under any other provision of law, except that the member may not receive financial assistance under this section if the member receives a Reserve Officer Training Corps scholarship. (g) Administration.--The commanding general, in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of this section. Nothing in this section shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. (h) Repayment.--A member of the District of Columbia National Guard who receives assistance under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by subsection (b) or fails to comply with the eligibility conditions specified in subsection (c) shall be subject to the repayment provisions of section 373 of title 37, United States Code. (i) Funding Sources and Gifts.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the commanding general to provide financial assistance under this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. (2) Transfer of funds.--The commanding general may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under this section. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the commanding general to provide financial assistance under this section. (3) Donations.--The commanding general concerned may accept, use, and dispose of donations of services or property for purposes of providing assistance under this section. (j) Definition.--In this section, the term ``approved institution of higher education'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- (1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) has entered into an agreement with the commanding general containing an assurance that funds made available under this section are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. (k) Implementation of Program.--Financial assistance may be provided under this section to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2010.

District of Columbia National Guard Retention and College Access Act - Authorizes the commanding general of the District of Columbia National Guard to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for a period of not less than six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education.

To establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Advertising and Family Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alcohol is by far the drug most widely used and abused by young people in the United States today, even though it is illegal for youths under the age of 21 to purchase alcohol in all 50 of the States and the District of Columbia. (2) According to the National Institute on Alcohol Abuse and Alcoholism, an estimated 18,000,000 persons in the United States who are 18 or older currently experience problems as a result of alcohol use. An estimated 4,500,000 young people are dependent on alcohol or are problem drinkers. (3) According to the 1995 National Institute on Drug Abuse survey of high school students and young adults (entitled ``Monitoring the Future''), 80 percent of high school seniors, 71 percent of tenth graders, and 56 percent of eighth graders had used alcohol at least once. Twenty-eight percent of high school seniors, 24 percent of tenth graders, and 15 percent of eighth graders had experienced a ``binge'' of 5 or more drinks in a row within the past 2 weeks. Among college students, 88 percent reported having used alcohol and 40 percent reported occasions of binge drinking, including 31 percent of the females and 52 percent of the males. (4) The average age at which young people begin drinking is 13. By age 13, approximately 30 percent of boys and 22 percent of girls classify themselves as drinkers. According to the 1995 ``Monitoring the Future'' survey, 14 percent of high school seniors reported having been drunk by eighth grade, 30 percent by ninth grade, 43 percent by tenth grade, and 60 percent by twelfth grade. Studies demonstrate that the use of alcohol before the age of 15 appears to be one of the predictors of later heavy alcohol and other drug use. (5) According to a national survey on youth and alcohol (Inspector General of the Department of Health and Human Services, 1991), the average binge drinker is a 16 year-old male in the tenth grade who was 12 years old when he took his first drink. (6) Young people are not well informed about the hazards of alcohol use. More than one quarter of high school seniors do not view taking one or two drinks nearly every day as entailing great risk. Approximately 45 percent of eighth graders, 47 percent of tenth graders, and 53 percent of twelfth graders do not perceive having 5 or more drinks once or twice a weekend as entailing a great risk (1995 ``Monitoring the Future'' survey). More than 2.6 million students do not know a person can die from an overdose of alcohol. A projected 259,000 students think that wine coolers or beer cannot get a person drunk, make a person sick, or do as much harm as other alcoholic beverages (Inspector General of the Department of Health and Human Services, 1991). (7) According to Healthy People 2000, the National Health Promotion and Disease Prevention Objectives-- (A) nearly one-half of all deaths from motor vehicle crashes are alcohol-related; (B) alcohol is implicated in nearly one-half of all fatal intentional injuries such as suicides and homicides; and (C) victims are intoxicated in approximately one- third of all homicides, drownings, and boating deaths. (8) An estimated 25 percent of all hospitalized persons have alcohol-related problems. (9) Alcohol in combination with other drugs is the leading cause of emergency room drug abuse episodes. (10) In 1995, chronic liver disease, including cirrhosis, was the 11th leading cause of death in the United States. Of 41,000 deaths attributed to liver disease in the United States, 46 percent diagnostically were associated with alcohol. Heavy alcohol use is considered the most important risk factor for chronic liver disease. Even among liver disease deaths not coded as alcohol-related, approximately 50 percent are thought to be due to alcohol use. (11) Between 5 and 24 percent of hypertension cases are associated with alcohol. Many cases diagnosed as essential hypertension (high blood pressure having no known causes) may actually have chronic alcohol ingestion as their cause. (12) Alcohol abuse is strongly associated with increased risk of cancer, especially cancer of the liver, esophagus, nasopharynx, and larynx. Alcohol is also associated with dietary deficiency that may increase cancer risk. (13) Treatment costs for fetal alcohol syndrome (referred to in this paragraph as ``FAS'') and other alcohol-related birth defects in the United States are estimated at nearly a third of a billion dollars. FAS is one of the top 3 known causes of birth defects with accompanying mental retardation and the only known preventable cause among the top three. Among children born to women who drink heavily, the incidence of FAS may be as high as 25 per 1,000 live births. Among children born to other women, the FAS incidence is between 1 to 3 infants with the syndrome per 1,000 live births. The incidence of other alcohol-related birth defects is estimated to be 3 times greater than that of FAS. (14) The alcoholic-beverage industry spends approximately $2,000,000,000 each year on advertising and promotions in the United States. (15) Alcohol advertising, especially in the broadcast media, represents the single greatest source of alcohol education for persons in the United States. According to a 1990 study of 10 to 13 year- olds, funded by the American Automobile Association Foundation for Traffic Safety, there is a relationship between exposure and attention by an individual to beer advertising and expectations that the individual drink as an adult. (16) A major 1981 federally funded study found a significant relationship between-- (A) exposure of individuals to alcoholic-beverage advertising as youth; and (B) drinking behaviors and attitudes of the individuals that can lead to certain forms of problem drinking. (17) According to the Department of Health and Human Services, sponsorships and promotions on college campuses by alcohol producers and the use of celebrities and youth-oriented musical groups in advertising create a pro-drinking environment. (18) Over 80 percent of 2,000 adults surveyed in 1988 for the Bureau of Alcohol, Tobacco, and Firearms by the Opinion Research Corporation believe that alcohol advertising influences underage youth to drink alcoholic beverages. The survey also found that the general public feels that the young people of the United States constitute the group that is most at risk from drinking alcoholic beverages. (19) The 1988 Surgeon General's Workshop on Drunk Driving has recommended-- (A) that the level of alcoholic-beverage advertising be matched with an equal number of pro- health and pro-safety messages; and (B) the inclusion of health warning messages in all alcohol advertising. (20) The National Commission on Drug-Free Schools' September 1990 Final Report, ``Toward a Drug-Free Generation: A Nation's Responsibility'' recommends that Congress-- (A) require additional health and safety messages on all alcohol products and advertising for the products; and (B) consider enacting a ban on advertising and promotion of alcohol if alcohol advertising still targets youth and glamorizes alcohol use two years following the publication of the report. (21) Over two-thirds of persons surveyed in a 1989 Wall Street Journal poll favor requiring warnings about the dangers of drinking both on alcoholic-beverage containers and in alcohol advertisements. Nearly three- fourths of persons surveyed in a 1990 Gallup Poll favor requiring health warning messages in alcohol advertising. SEC. 3. HEALTH WARNINGS. (a) In General.--On and after the expiration of the 6-month period following the date of enactment of this Act, it shall be an unfair or deceptive act or practice under section 6 of the Federal Trade Commission Act for any person to-- (1) advertise or cause to be advertised through magazines, newspapers, brochures, and promotional displays within the United States any alcoholic beverage unless the advertising bears, in accordance with requirements of section 3(a), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink. Drinking alcohol during pregnancy may cause mental retardation and other birth defects. Avoid alcohol during pregnancy. If you are pregnant and can't stop drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. If you know someone who has an alcohol or other drug problem or has trouble controlling their drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license or even your life. Alcohol impairs your ability to drive a car or operate machinery. If you or people you love drink and drive, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. For more information call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die. You can be poisoned by alcohol if you drink [insert number of drinks] in [insert time]. To find out more about alcohol poisoning call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drinking increases your risks of high blood pressure, liver disease, and cancer. The more you drink, the more likely it is that you will have such health problems. To find out how to prevent getting such health problems call [insert appropriate toll free number]., or (2) advertise or cause to be advertised through radio, television broadcasting (including cable broadcasting and paid per view or subscription television), or other electronic means any alcoholic beverage unless the advertising includes, in accordance with requirements of section 3(b), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink alcohol. Alcohol may cause mental retardation and other birth defects. SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license or even your life. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die of alcohol poisoning. SURGEON GENERAL'S WARNING: Drinking too much alcohol increases your risk of high blood pressure, liver disease, and cancer. (b) Toll Free Numbers.--The Secretary of Health and Human Services shall be responsible for establishing and maintaining the toll free numbers referred to in the health warnings required by subsection (a)(1). The Secretary shall report to Congress annually on the number of calls received using those numbers. SEC. 4. REQUIREMENTS. (a) In General.--The health warnings required for alcoholic beverage advertisements by section 3(a)(1) shall-- (1) be located in a conspicuous and prominent place on each such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect no later than 6 months after the date of the enactment of this Act, (2) shall require that all the regulations issued by the Secretary under paragraph (1) shall require that all letters in such health warnings appear in conspicuous and legible type that is not script or italic and that such health warnings be in contrast by typography, layout, and color with all other printed material in the advertisement, be surrounded by typographic lines that form a box, and, on an appropriate visual medium, appear on the front of an advertisement as indicated by labeling of the manufacturer or importer, and (3) be rotated in an alternating sequence on each advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under paragraph (3) by a manufacturer or importer that assures that each sequence of the same or substantially similar advertisement for a brand style has displayed upon it an equal distribution of each health warning at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (b) Radio and Television.-- (1) Warnings.--The health warnings required for alcoholic beverage advertisements placed on radio or television broadcasting by section 2(a)(2) shall-- (A) be included in a conspicuous and prominent manner in such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect not later than 6 months after the date of the enactment of this Act, and (B) be rotated in an alternating sequence on each such advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under subparagraph (B) by a manufacturer or importer that assures that an equal distribution of each of the health warnings is displayed on each sequence of the same or substantially similar advertisement for a brand style at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (2) Regulations.--The regulations issued by the Secretary under paragraph (1) shall require-- (A) that such health warnings be read as part of an alcoholic beverage advertisement in an audible and deliberate manner and in a length of time that allows for a clear understanding of the health warning message by the intended audience, and (B) that for television a graphic representation of such health warning be included after each advertisement, that all letters in such health warning appear in conspicuous and legible type that is not script or italic, that such health warning be surrounded by typographic lines that form a box, and that such health warning appear in the same length of time simultaneously with the reading of the message required by subparagraph (A). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``alcoholic beverage'' includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human consumption, (2) the term ``person'' includes a State, a State agency, or an officer or employee of a State or State agency, and (3) the term ``State'' includes-- (A) any political subdivision of a State, (B) the District of Columbia, (C) the Commonwealth of Puerto Rico, (D) the Commonwealth of the Northern Mariana Islands, (E) Guam, (F) the Virgin Islands, (G) American Samoa, (H) Wake Island, (I) the Midway Islands, (J) Kingman Reef, and (K) Johnston Island. SEC. 6. REPORT TO CONGRESS. (a) Investigation.--Not earlier than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct an appropriate investigation and consult with the Surgeon General to determine whether available scientific information would justify a change in, an addition to, or deletion of, a health warning set forth in section 3. (b) Report.--If the Secretary of Health and Human Services finds that available scientific information would justify the change, addition, or deletion described in subsection (a), the Secretary shall promptly submit a report to the appropriate committees of Congress containing-- (1) the information; and (2) specific recommendations for such amendments to this Act as the Secretary determines to be appropriate and in the public interest.

Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings.

Sensible Advertising and Family Education Act

SECTION 1. SHORT TITLE. The Act may be cited as the ``Oil Price Reduction Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Oil producing countries, including the nations of the Organization of Petroleum Exporting Countries (OPEC), took concerted actions in March and September of 1999 to cut oil production and hold back from the market 4,000,000 barrels a day representing approximately six percent of the global supply. (2) OPEC, in its capacity as an oil cartel, has been a critical factor in driving prices from approximately $11 a barrel in December 1998 to a high of $30 a barrel in mid- February 2000, levels not seen since the Persian Gulf Conflict. (3) On February 10, 2000, a hearing before the Committee on International Relations of the House of Representatives on ``OPEC and the Northeast Energy Crisis'' clearly demonstrated that OPEC's goal of reducing its oil stocks was the major reason behind price increases in heating oil, gasoline, and diesel oil stocks. (4) During this hearing, the Assistant Secretary in the Office of International Affairs of the Department of Energy noted that artificial supply constraints placed on the market are ultimately self-defeating in so far as they increase volatility in the market, lead to boom and bust cycles, and promote global instability, particularly in developing countries whose economies are extremely vulnerable to sharp price increases. (5) These price increases have caused inflationary shocks to the United States economy and could threaten the global economic recovery now underway in Europe and Asia where the demand of oil is rising. (6) The transportation infrastructure of the United States is under stress and tens of thousands of small- to medium-sized trucking firms throughout the Northeast region are on the verge of bankruptcy because of the rise in diesel oil prices to more than $2 per gallon--a 43 percent increase in the Central Atlantic region and a 55 percent increase in the New England region--an increase that has had the effect of requiring these trucking firms to use up to 20 percent of their operating budgets for the purchase of diesel oil. (7) Many elderly and retired Americans on fixed incomes throughout the Northeast region of the United States cannot afford to pay the prevailing heating oil costs and all too often are faced with the choice of paying the grocery bills or staying warm. (8) Several key oil producing nations relied on the United States military for their protection in 1990 and 1991, including during the Persian Gulf Conflict, and these nations still depend on the United States for their security. (9) Many of these nations enjoy a close economic and security relationship with the United States which is a fundamental underpinning of global security and cooperation. (10) A continuation of the present policies put in place at a meeting of OPEC Ministers in March and September of 1999 threatens the relationship that many of the OPEC nations enjoy with the United States. SEC. 3. POLICY OF THE UNITED STATES. (a) Policy With Respect to Oil Exporting Countries.--It shall be the policy of the United States that its political, economic, and security relations with countries that are major net oil exporters will be determined to a great extent by whether such countries engage in oil price fixing. (b) Policy With Respect to Oil Importing Countries.--It shall be the policy of the United States to work multilaterally with other countries that are major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements. SEC. 4. REPORT TO CONGRESS. Not later than 30 days after the date of enactment of this Act, the President shall transmit to the Congress a report that contains the following: (1) A description of the overall economic and security relationship between the United States and each country that is a major net oil exporter, including each country that is a member of OPEC. (2) A description of the effect that coordination among the countries described in paragraph (1) with respect to oil production and pricing has had on the United States economy and global energy supplies. (3) Detailed information on any and all assistance programs under the Foreign Assistance Act of 1961 and the Arms Export Control Act, including licenses for the export of defense articles and defense services under section 38 of such Act, provided to the countries described in paragraph (1). (4) A determination made by the President in accordance with section 5 for each country described in paragraph (1). SEC. 5. DETERMINATIONS BY THE PRESIDENT OF MAJOR OIL EXPORTING COUNTRIES ENGAGED IN PRICE FIXING. The report submitted pursuant to section 4 shall include-- (1) the determination of the President with respect to each country described in section 4(1) as to whether or not, as of the date on which the President makes the determination, that country is engaged in oil price fixing to the detriment of the United States economy; and (2) a memorandum of justification with respect to each determination submitted in accordance with paragraph (1), including in the case of any determination that a country described in section 4(1) is not engaged in oil price fixing to the detriment of the United States economy an explanation whether that determination rests on a finding that the country is not engaged in oil price fixing, or a finding that it is engaged in oil price fixing but that price fixing is not detrimental to the United States economy. SEC. 6. REDUCTION, SUSPENSION, OR TERMINATION OF UNITED STATES ASSISTANCE. Not later than 10 days after the date on which the President transmits to the Congress the report pursuant to section 4, the President shall reduce, suspend, or terminate assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act, including the license for export of defense articles or defense services under section 38 of such Act, to each country determined by the President pursuant to section 5 to be engaged in oil price fixing to the detriment of the United States economy. SEC. 7. DIPLOMATIC EFFORTS. (a) Efforts With Respect to Oil Exporting Countries.--It is the sense of the Congress that the United States should continue to undertake a concerted diplomatic campaign to convince all countries that are major net oil exporters that the current oil price levels are unsustainable and will negatively effect global economic growth rates in oil consuming and developing countries. (b) Efforts With Respect to Oil Importing Countries.--It is the sense of Congress that the United States should undertake a concerted diplomatic campaign to convince other countries that are major net oil importers to join in multilateral efforts to bring about the complete dismantlement of international oil price fixing arrangements. (c) Report on Diplomatic Efforts.--Not later than 90 days after the date of enactment of this Act, the President shall transmit to the Congress a report describing the United States diplomatic efforts undertaken in accordance with subsection (a) and (b), and the results achieved by those efforts. SEC. 7. DEFINITIONS. In this Act: (1) Oil price fixing.--The term ``oil price fixing'' means participation in any agreement, arrangement, or understanding with other countries that are oil exporters to increase the price of oil or natural gas by means of, inter alia, limiting oil or gas production or establishing minimum prices for oil or gas. (2) OPEC.--The term ``OPEC'' means the Organization of Petroleum Exporting Countries.

Directs the President to report to Congress with respect to: (1) the overall economic and security relationship between the United States and each major net oil exporting country (including Organization of Petroleum Exporting Countries (OPEC) countries); (2) the effect that coordination among such countries with respect to oil production and pricing has had on the U.S. economy and global energy supplies; (3) information on all assistance programs under the Foreign Assistance Act of 1961 and the Arms Export Control Act (including licenses for the export of defense articles and defense services) provided to such countries; and (4) whether or not each country is engaging in oil price fixing to the detriment of the U.S. economy. Requires the President, pursuant to such report, to reduce, suspend, or terminate such assistance to each country determined by the President to be engaged in oil price fixing to the detriment of the U.S. economy. Expresses the sense of Congress that the United States should continue to undertake a diplomatic campaign to convince: (1) all major net oil exporting countries that the current oil price levels are unsustainable and will negatively affect global economic growth rates in oil consuming and developing countries; and (2) other major net oil importing countries to join in multilateral efforts to bring about the complete dismantlement of international oil price fixing arrangements. Requires the President to report to Congress with respect to such diplomatic efforts.

Oil Price Reduction Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants to eligible multistate housing and energy nonprofit organizations. Sec. 103. Quality assurance program. TITLE II--STATE ENERGY PROGRAMS Sec. 201. Reauthorization of State energy programs. SEC. 2. FINDINGS. Congress finds that-- (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) (referred to in this section as ``SEP'') and the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) (referred to in this section as ``WAP'') have proven to be beneficial, long- term partnerships among Federal, State, and local partners; (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through-- (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.); (B) the Energy Conservation and Production Act (42 U.S.C. 6801 et seq.); (C) the State Energy Efficiency Programs Improvement Act of 1990 (Public Law 101-440; 104 Stat. 1006); (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); and (F) the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.); (3) the SEP, also known as the ``State energy conservation program''-- (A) was first created in 1975 to implement a State- based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP-- (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM. Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking ``appropriated--'' and all that follows through the period at the end and inserting ``appropriated $450,000,000 for each of fiscal years 2015 through 2019.''. SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: ``SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; ``(2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; ``(3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low- income energy retrofit programs of the covered organizations; and ``(4) to ensure that the covered organizations make the energy retrofit projects undertaken by the covered organizations with awarded funds self-sustaining by the time grant funds have been expended. ``(b) Definition.--In this section, the term `covered organization' means an organization that-- ``(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and ``(2) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). ``(c) In General.--The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. ``(d) Award Factors.--In making grants under this section, the Secretary shall consider-- ``(1) the number of low-income homes the applicant-- ``(A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and ``(B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; ``(2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; ``(3) the number and diversity of States, communities, and climates in which the applicant works and the diversity of housing types requiring weatherization as of the date of the application; ``(4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; ``(5) the extent to which the applicant could successfully replicate the proposed energy retrofit project and sustain the project after the grant funds have been expended; and ``(6) such other factors as the Secretary determines to be appropriate. ``(e) Applications.-- ``(1) In general.--Not later than 120 days after the date of enactment of this section, the Secretary shall solicit proposals from covered organizations. ``(2) Administration.--To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Awards.--Not later than 90 days after the closing date established by the Secretary for receipt of proposals, the Secretary shall award grants under this section. ``(f) Eligible Uses of Grant Funds.--A grant under this section may be used to-- ``(1) conduct energy efficiency audits; ``(2) perform cost-effective retrofit and related weatherization activities, including purchase of energy efficient materials and supplies; ``(3) conduct training activities and provide ongoing technical assistance; ``(4) provide information to homeowners on proper maintenance and energy savings behaviors; ``(5) conduct data collection, measurement, and verification activities to facilitate program monitoring, oversight, evaluation, and reporting; ``(6) manage and administer the grant (up to a maximum of 10 percent of the total grant); and ``(7) obtain and conduct such other materials and activities as the Secretary determines to be appropriate. ``(g) Maximum Amount.--The amount of a grant provided under this section shall not exceed $5,000,000. ``(h) Guidelines.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. ``(2) Administration.--The guidelines shall establish-- ``(A) criteria for allowable expenditures; ``(B) a methodology to determine a minimum energy savings-to-investment ratio; ``(C) criteria for-- ``(i) the conduct of weatherization training programs; ``(ii) the conduct of energy audits and program activities; ``(iii) the conduct of project monitoring activities; and ``(iv) the use of methodologies to verify energy and cost savings; ``(D) liability insurance requirements; and ``(E) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. ``(i) Review and Evaluation.--The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. ``(j) Compliance With State and Local Law.--Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. ``(k) Annual Reports.--The Secretary shall submit to Congress annual reports that provide a description of energy and cost savings achieved and actions taken under this section. ``(l) Funding.--Of the funds made available to carry out this part for each of fiscal years 2015 through 2019 under section 422, the Secretary shall make available to carry out this section-- ``(1) 2 percent of the amount if less than $225,000,000 is available; ``(2) 5 percent of the amount if $225,000,000 or more but less than $260,000,000 is available; ``(3) 10 percent of the amount if $260,000,000 or more but less than $400,000,000 is available; and ``(4) 20 percent of the amount if $400,000,000 or more is available.''. SEC. 103. QUALITY ASSURANCE PROGRAM. Section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865) is amended by adding at the end the following: ``(f) Quality Assurance Program.-- ``(1) Contractor qualification.--Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be-- ``(A) accredited by the Building Performance Institute; ``(B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or ``(C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. ``(2) Grants to nonprofit organizations.-- ``(A) In general.--To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who-- ``(i) is certified or accredited in accordance with paragraph (1); and ``(ii) supervises the work performed with grant funds. ``(B) Volunteer labor.--A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. ``(3) Minimum efficiency standards.--Effective beginning October 1, 2015, the Secretary shall ensure that-- ``(A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; ``(B) at least 10 percent of such dwelling units are randomly inspected by a third party accredited as described in paragraph (1) (A) through (C) to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and ``(C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary.''. TITLE II--STATE ENERGY PROGRAMS SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAMS. Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for each of fiscal years 2007 through 2012'' and inserting ``$75,000,000 for each of fiscal years 2015 through 2019''.

Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act - Amends the Energy Conservation and Production Act to extend the Weatherization Assistance Program for low-income persons through FY2019. Requires the Secretary of Energy (DOE) to make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofit uses that include: energy efficiency audits, cost-effective retrofit, and related weatherization activities; energy efficiency materials and supplies; training and technical assistance; information to homeowners on proper maintenance and energy savings behaviors; data collection, measurement, and verification activities to facilitate program monitoring, oversight, evaluation, and reporting; and management and administration. Requires contractors carrying out weatherization with funds under the Act to be selected through a competitive bidding process and be accredited as specified by this Act. Requires organizations, in order to receive a grant, to use a crew chief who is certified or accredited as required by this Act. Requires the Secretary, beginning on October 1, 2015, to ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards established by the Secretary, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. Amends the Energy Policy and Conservation Act to extend the program for state energy conservation plans through FY2019.

Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Relief Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States. (2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States. (3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border. (4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties. (5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border. (6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes. (7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes. (8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the region. SEC. 3. BORDER RELIEF GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to an eligible law enforcement agency to provide assistance to such agency to address-- (A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the United States border; and (B) the failure of the United States Government to adequately secure its borders. (2) Duration.--Grants may be awarded under this subsection during fiscal years 2006 through 2010. (3) Competitive basis.--The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community-- (A) with a population of less than 50,000; and (B) located no more than 100 miles from a United States border with-- (i) Canada; or (ii) Mexico. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including-- (1) to obtain equipment; (2) to hire additional personnel; (3) to upgrade and maintain law enforcement technology; (4) to cover operational costs, including overtime and transportation costs; and (5) such other resources as are available to assist that agency. (c) Application.-- (1) In general.--Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. (d) Definitions.--For the purposes of this section: (1) Eligible law enforcement agency.--The term ``eligible law enforcement agency'' means a tribal, State, or local law enforcement agency-- (A) located in a county no more than 100 miles from a United States border with-- (i) Canada; or (ii) Mexico; or (B) located in a county more than 100 miles from any such border, but where such county has been certified by the Secretary as a High Impact Area. (2) High impact area.--The term ``High Impact Area'' means any county designated by the Secretary as such, taking into consideration-- (A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county; (B) the relationship between the failure of the United States to secure its borders and the rise, if any, of criminal activity in that county; and (C) any other unique challenges that local law enforcement face due to a lack of security along the United States border. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $30,000,000 for each of fiscal years 2006 through 2010 to carry out the provisions of this section. (2) Division of authorized funds.--Of the amounts authorized under paragraph (1)-- (A) \2/3\ shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; and (B) \1/3\ shall be set aside for areas designated as a High Impact Area under subsection (d). (f) Supplement Not Supplant.--Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this Act. SEC. 4. REPORT REQUIREMENT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a written report to Congress describing the costs incurred by State and local law enforcement agencies in connection with-- (1) criminal activity related to such agencies' proximity to the United States border with-- (A) Canada; or (B) Mexico; and (2) the failure of the Federal Government to secure the borders of the United States. SEC. 5. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this Act shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.

Border Law Enforcement Relief Act of 2005 - Authorizes the Secretary of Homeland Security to award grants to a tribal, state, or local law enforcement agency located in a county within 100 miles of a U.S. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by the Secretary as a high impact area, to provide assistance in addressing: (1) criminal activity that occurs by virtue of proximity to the border; and (2) the U.S. government's failure to adequately secure its borders. Directs the Comptroller General to report to Congress on the costs incurred by law enforcement agencies in connection with such criminal activity or failure.

A bill to provide financial aid to local law enforcement officials along the Nation's borders, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) Paraprofessionals are not substitutes for certified teachers. (2) Small class size is fundamental to all learning, but particularly in the early grades. (3) Putting more adults in the classroom helps to increase the attention paid to each student and to improve discipline. (4) Expanding the availability of entry-level classroom jobs that include opportunities for training and professional development should encourage more adults to enter teacher training and careers in education. SEC. 2. FUNDS FOR RECRUITING, HIRING, AND TRAINING PARAPROFESSIONALS. (a) State Allocations.--From the amount appropriated to carry out this Act for each fiscal year, the Secretary of Education-- (1) shall make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities under this Act; and (2) shall allocate the remainder by providing each State the same percentage of that remainder as it received of the funds allocated to States under section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554. (b) Local Agency Allocations.--Each State that receives funds under this Act shall distribute 100 percent of such funds to local educational agencies, of which-- (1) 80 percent of such amount shall be allocated to local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by a local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and (2) 20 percent of such amount shall be allocated to local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (c) Uses of Funds.-- (1) Purpose.--The basic purpose and intent of this Act is to decrease the ratio of students to personnel in public elementary and secondary school classrooms by assisting local educational agencies in the recruitment, hiring, and training of 100,000 new classroom paraprofessionals. Each local educational agency that receives funds under this Act shall use such funds to carry out effective approaches to achieving such ratio reductions in order to improve educational achievement for both regular and special needs children, with particular consideration given to making such reductions in the early elementary grades. (2) Recruitment, hiring, and training.-- (A) In general.--Each local educational agency that receives funds under this Act-- (i) may use up to 100 percent of the funds under this Act for recruiting (including through the use of signing bonuses and other financial incentives), hiring, and training paraprofessionals to assist teachers, including teachers employed in bilingual education, special education, and migrant education; and (ii) may use up to 25 percent of the funds under this Act-- (I) for providing professional development (which may include such activities as those described in section 2210 of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of the enactment of the No Child Left Behind Act of 2001 (Public Law 107-110; 115 Stat. 1425)), opportunities for paraprofessionals to attend multi-week institutes, such as those made available during the summer months, that provide intensive professional development in partnership with local educational agencies, and initiatives that promote retention and mentoring), to paraprofessionals, including paraprofessionals who assist teachers employed in bilingual education, special education, and migrant education; or (II) to provide assistance to new and existing paraprofessionals to ensure that such individuals are highly qualified consistent with the requirements of subsections (c) and (d) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319). (B) Special rule.--In the case of a local educational agency that has already reduced the ratio of students to instructional personnel in grades kindergarten through 3 to 18 or less (or has already reduced such ratio to a State or local goal that was in effect on the day before the enactment of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763), if that State or local educational agency goal is 20 or less) may use 100 percent of the funds received under this Act-- (i) to make further student-to-personnel ratio reductions in grades kindergarten through 3; (ii) to reduce the student-to-personnel ratio in other grades; (iii) to carry out activities to improve paraprofessional quality, including professional development; or (iv) to assist paraprofessionals to obtain the education necessary to become licensed and certified teachers. (3) Supplement, not supplant.--Each local educational agency that receives funds under this Act shall use such funds only to supplement, and not to supplant, State and local funds that, in the absence of funds under this Act, would otherwise be spent for activities under this Act. (4) Limitation.--No funds made available under this Act may be used to increase the salaries or provide benefits, other than participation in professional development, education, or enrichment programs, to paraprofessionals who are not hired under this Act. (d) Reporting.-- (1) In general.--Each State receiving funds under this Act shall submit to the Secretary on a biennial basis a report containing data on the use of funds, the types of services furnished, and the students served under this Act. (2) Reports to parents.--Each State and local educational agency receiving funds under this Act shall publicly report to parents on its progress in decreasing the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals and on the impact such activities have had, if any, on increasing student academic achievement. (3) Disclosure of qualifications.--Each school receiving funds under this Act shall provide to parents, upon request, the qualifications of each member of their child's classroom instructional staff. (e) Administrative Costs.--A local educational agency that receives funds under this Act may use not more than 2 percent of such funds for local administrative costs. (f) Application.--Each local educational agency that desires to receive funds under this Act shall include in the application required under section 5133 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7215b) a description of the agency's program to reduce the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals. (g) Definitions.--For purposes of this Act: (1) The term ``paraprofessional'' means an individual who is employed in a public elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education, and migrant education. (2) The term ``local educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term ``Secretary'' means the Secretary of Education. (4) The term ``State'' is defined as that term is used in section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554. (h) Authorization of Appropriations.--To carry out this Act, there is authorized to be appropriated $1,000,000,000 for each of fiscal years 2014 through 2018.

Directs the Secretary of Education to allot funds to states for distribution to local educational agencies (LEAs) to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children. Requires that 80% of a state's allotment be allocated to LEAs on the basis of each LEA's proportion of low-income schoolchildren in the state, and that the remainder be allocated on the basis of each LEA's proportion of the overall population of schoolchildren in the state.

To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Premier Certified Lenders Program Improvement Act of 2004''. SEC. 2. LOSS RESERVES OF PREMIER CERTIFIED LENDERS TEMPORARILY DETERMINED ON THE BASIS OF OUTSTANDING BALANCE OF DEBENTURES. Paragraph (6) of section 508(c) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(c)) is amended-- (1) by striking ``The Administration'' and inserting the following: ``(A) In general.--The Administration''; and (2) by adding at the end the following new subparagraph: ``(B) Temporary reduction based on outstanding balance.-- Notwithstanding subparagraph (A), during the 2-year period beginning on the date that is 90 days after the date of the enactment of this subparagraph, the Administration shall allow the certified development company to withdraw from the loss reserve such amounts as are in excess of 1 percent of the aggregate outstanding balances of debentures to which such loss reserve relates. The preceding sentence shall not apply with respect to any debenture before 100 percent of the contribution described in paragraph (4) with respect to such debenture has been made.''. SEC. 3. ALTERNATIVE LOSS RESERVE PILOT PROGRAM FOR CERTAIN PREMIER CERTIFIED LENDERS. (a) In General.--Subsection (c) of section 508 of the Small Business Investment Act of 1958 (15 U.S.C. 697e) is amended by adding at the end the following new paragraphs: ``(7) Alternative loss reserve.-- ``(A) Election.--With respect to any eligible calendar quarter, any qualified high loss reserve PCL may elect to have the requirements of this paragraph apply in lieu of the requirements of paragraphs (2) and (4) for such quarter. ``(B) Contributions.-- ``(i) Ordinary rules inapplicable.--Except as provided under clause (ii) and paragraph (5), a qualified high loss reserve PCL that makes the election described in subparagraph (A) with respect to a calendar quarter shall not be required to make contributions to its loss reserve during such quarter. ``(ii) Based on loss.--A qualified high loss reserve PCL that makes the election described in subparagraph (A) with respect to any calendar quarter shall, before the last day of such quarter, make such contributions to its loss reserve as are necessary to ensure that the amount of the loss reserve of the PCL is-- ``(I) not less than $100,000; and ``(II) sufficient, as determined by a qualified independent auditor, for the PCL to meet its obligations to protect the Federal Government from risk of loss. ``(iii) Certification.--Before the end of any calendar quarter for which an election is in effect under subparagraph (A), the head of the PCL shall submit to the Administrator a certification that the loss reserve of the PCL is sufficient to meet such PCL's obligation to protect the Federal Government from risk of loss. Such certification shall be in such form and submitted in such manner as the Administrator may require and shall be signed by the head of such PCL and the auditor making the determination under clause (ii)(II). ``(C) Disbursements.-- ``(i) Ordinary rule inapplicable.--Paragraph (6) shall not apply with respect to any qualified high loss reserve PCL for any calendar quarter for which an election is in effect under subparagraph (A). ``(ii) Excess funds.--At the end of each calendar quarter for which an election is in effect under subparagraph (A), the Administration shall allow the qualified high loss reserve PCL to withdraw from its loss reserve the excess of-- ``(I) the amount of the loss reserve, over ``(II) the greater of $100,000 or the amount which is determined under subparagraph (B)(ii) to be sufficient to meet the PCL's obligation to protect the Federal Government from risk of loss. ``(D) Recontribution.--If the requirements of this paragraph apply to a qualified high loss reserve PCL for any calendar quarter and cease to apply to such PCL for any subsequent calendar quarter, such PCL shall make a contribution to its loss reserve in such amount as the Administrator may determine provided that such amount does not exceed the amount which would result in the total amount in the loss reserve being equal to the amount which would have been in such loss reserve had this paragraph never applied to such PCL. The Administrator may require that such payment be made as a single payment or as a series of payments. ``(E) Risk management.--If a qualified high loss reserve PCL fails to meet the requirement of subparagraph (F)(iii) during any period for which an election is in effect under subparagraph (A) and such failure continues for 180 days, the requirements of paragraphs (2), (4), and (6) shall apply to such PCL as of the end of such 180-day period and such PCL shall make the contribution to its loss reserve described in subparagraph (D). The Administrator may waive the requirements of this subparagraph. ``(F) Qualified high loss reserve pcl.--The term `qualified high loss reserve PCL' means, with respect to any calendar year, any premier certified lender designated by the Administrator as a qualified high loss reserve PCL for such year. The Administrator shall not designate a company under the preceding sentence unless the Administrator determines that-- ``(i) the amount of the loss reserve of the company is not less than $100,000; ``(ii) the company has established and is utilizing an appropriate and effective process for analyzing the risk of loss associated with its portfolio of PCLP loans and for grading each PCLP loan made by the company on the basis of the risk of loss associated with such loan; and ``(iii) the company meets or exceeds 4 or more of the specified risk management benchmarks as of the most recent assessment by the Administration or the Administration has issued a waiver with respect to the requirement of this clause. ``(G) Specified risk management benchmarks.--For purposes of this paragraph, the term `specified risk management benchmarks' means the following rates, as determined by the Administrator: ``(i) Currency rate. ``(ii) Delinquency rate. ``(iii) Default rate. ``(iv) Liquidation rate. ``(v) Loss rate. ``(H) Qualified independent auditor.--For purposes of this paragraph, the term `qualified independent auditor' means any auditor who-- ``(i) is compensated by the qualified high loss reserve PCL; ``(ii) is independent of such PCL; and ``(iii) has been approved by the Administrator during the preceding year. ``(I) PCLP loan.--For purposes of this paragraph, the term `PCLP loan' means any loan guaranteed under this section. ``(J) Eligible calendar quarter.--For purposes of this paragraph, the term `eligible calendar quarter' means-- ``(i) the first calendar quarter that begins after the end of the 90-day period beginning with the date of the enactment of this paragraph; and ``(ii) the 7 succeeding calendar quarters. ``(K) Calendar quarter.--For purposes of this paragraph, the term `calendar quarter' means-- ``(i) the period which begins on January 1 and ends on March 31 of each year; ``(ii) the period which begins on April 1 and ends on June 30 of each year; ``(iii) the period which begins on July 1 and ends on September 30 of each year; and ``(iv) the period which begins on October 1 and ends on December 31 of each year. ``(L) Regulations.--Not later than 45 days after the date of the enactment of this paragraph, the Administrator shall publish in the Federal Register and transmit to the Congress regulations to carry out this paragraph. Such regulations shall include provisions relating to-- ``(i) the approval of auditors under subparagraph (H); and ``(ii) the designation of qualified high loss reserve PCLs under subparagraph (F), including the determination of whether a process for analyzing risk of loss is appropriate and effective for purposes of subparagraph (F)(ii). ``(8) Bureau of pclp oversight.-- ``(A) Establishment.--There is hereby established in the Small Business Administration a bureau to be known as the Bureau of PCLP Oversight. ``(B) Purpose.--The Bureau of PCLP Oversight shall carry out such functions of the Administration under this subsection as the Administrator may designate. ``(C) Deadline.--Not later than 90 days after the date of the enactment of this Act-- ``(i) the Administrator shall ensure that the Bureau of PCLP Oversight is prepared to carry out any functions designated under subparagraph (B), and ``(ii) the Office of the Inspector General of the Administration shall report to the Congress on the preparedness of the Bureau of PCLP Oversight to carry out such functions.''. (b) Increased Reimbursement for Losses Related to Debentures Issued During Election Period.--Subparagraph (C) of section 508(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)) is amended by inserting ``(15 percent in the case of any such loss attributable to a debenture issued by the company during any period for which an election is in effect under subsection (c)(7) for such company)'' before ``; and''. (c) Conforming Amendments.-- (1) Subparagraph (D) of section 508(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)) is amended by striking ``subsection (c)(2)'' and inserting ``subsection (c)''. (2) Paragraph (5) of section 508(c) of the Small Business Investment Act of 1958 (15 U.S.C. 697e(c)) is amended by striking ``10 percent''. (d) Study and Report.-- (1) In general.--The Administrator shall enter into a contract with a Federal agency experienced in community development lending and financial regulation or with a member of the Federal Financial Institutions Examinations Council to study and prepare a report regarding-- (A) the extent to which statutory requirements have caused overcapitalization in the loss reserves maintained by certified development companies participating in the Premier Certified Lenders Program established under section 508 of the Small Business Investment Act of 1958 (15 U.S.C. 697e); and (B) alternatives for establishing and maintaining loss reserves that are sufficient to protect the Federal Government from the risk of loss associated with loans guaranteed under such Program. (2) Transmission of report.--The report described in paragraph (1) shall be transmitted to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate not later than 90 days after the date of the enactment of this Act. (3) Limitation.--The amount of the contract described in paragraph (1) shall not exceed $75,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. 

Premier Certified Lenders Program Improvement Act of 2003 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to allow a certified development company to withdraw from its loss reserve amounts in excess of one percent of the aggregate outstanding balances of debentures to which such loss reserve relates (with an exception). Makes loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $100,000; and (2) sufficient, as determined by an independent auditor, for the PCL to meet its obligations to protect the Federal Government from risk of loss. Designates such PCLs as qualified high loss reserve PCLs. Requires such PCLs to certify quarterly to the SBA Administrator as to the sufficiency of such reserves. Requires: (1) the Administrator to allow the qualified high loss reserve PCL to withdraw funds in excess of the required reserve; (2) PCL recontribution when the reserve does not meet such minimum requirements; and (3) the PCL to meet specified SBA risk management benchmarks when not qualified as a high loss reserve PCL.Establishes in the SBA the Bureau of PCLP Oversight to carry out PCL Program functions designated by the Administrator.Increases the reimbursement required from a PCL to the Administrator for losses sustained by the SBA as a result of PCL default on debentures issued by the PCL and guaranteed by the SBA during any period in which the PCL elects to operate under the alternative loss reserve requirements of this Act to 15 percent of the total principal and interest on such debentures. (Currently, ten percent reimbursement is required when a PCL is operating under normal loss reserve requirements.)Directs the Administrator to contract with either a Federal agency experienced in community development lending and financial regulation or a member of the Federal Financial Institutions Examination Council to study and prepare a report regarding: (1) the extent to which statutory requirements have caused overcapitalization in the loss reserves maintained by certified PCLs participating in the PCL Program; and (2) alternatives for establishing and maintaining loss reserves sufficient to protect the Federal Government from the risk of loss associated with loans guaranteed under the Program. Requires the report to be transmitted to the congressional small business committees.

To amend the Small Business Investment Act of 1958 to allow certain premier certified lenders to elect to maintain an alternative loss reserve.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) school transportation issues remain a concern for parents, local educational agencies, lawmakers, the National Highway Traffic Safety Administration, the National Transportation Safety Board, and the Environmental Protection Agency; (2) millions of children face potential future health problems because of exposure to noxious fumes emitted from older school buses; (3) many rural local educational agencies are operating outdated, unsafe school buses that are failing inspection, resulting in a depletion of the school bus fleets of the local educational agencies; and (4) many rural local educational agencies are unable to afford newer and safer buses. (b) Purpose.--The purpose of this Act is to establish within the Department of Education a Federal cost-sharing program to assist rural local educational agencies with older, unsafe school bus fleets in purchasing newer, safer school buses. SEC. 3. DEFINITIONS. In this Act: (1) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), with respect to which-- (A) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; (B) all schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary of Education; or (C) all schools served by the local educational agency have been designated, by official action taken by the legislature of the State in which the local educational agency is located, as rural schools for purposes relating to the provision of educational services to students in the State. (2) School bus.--The term ``school bus'' means a vehicle the primary purpose of which is to transport students to and from school or school activities. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) In General.--From amounts made available under subsection (e) for a fiscal year, the Secretary shall provide grants, on a competitive basis, to rural local educational agencies to pay the Federal share of the cost of purchasing new school buses. (b) Application.-- (1) In general.--Each rural local educational agency that seeks to receive a grant under this Act shall submit to the Secretary for approval an application at such time, in such manner, and accompanied by such information (in addition to information required under paragraph (2)) as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) documentation that, of the total number of school buses operated by the rural local educational agency, not less than 50 percent of the school buses are in need of repair or replacement; (B) documentation of the number of miles that each school bus operated by the rural local educational agency traveled in the most recent 9-month academic year; (C) documentation that the rural local educational agency is operating with a reduced fleet of school buses; (D) a certification from the rural local educational agency that-- (i) authorizes the application of the rural local educational agency for a grant under this Act; and (ii) describes the dedication of the rural local educational agency to school bus replacement programs and school transportation needs (including the number of new school buses needed by the rural local educational agency); and (E) an assurance that the rural local educational agency will pay the non-Federal share of the cost of the purchase of new school buses under this Act from non-Federal sources. (c) Priority.-- (1) In general.--In providing grants under this Act, the Secretary shall give priority to rural local educational agencies that, as determined by the Secretary-- (A) are transporting students in a bus manufactured before 1977; (B) have a grossly depleted fleet of school buses; or (C) serve a school that is required, under section 1116(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(9)), to provide transportation to students to enable the students to transfer to another public school served by the rural local educational agency. (d) Payments; Federal Share.-- (1) Payments.--The Secretary shall pay to each rural local educational agency having an application approved under this section the Federal share described in paragraph (2) of the cost of purchasing such number of new school buses as is specified in the approved application. (2) Federal share.--The Federal share of the cost of purchasing a new school bus under this Act shall be 75 percent. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $50,000,000 for fiscal year 2006; and (2) such sums as are necessary for each of fiscal years 2007 through 2011.

Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2005 - Directs the Secretary of Education to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the federal share (75%) of costs of purchasing new school buses. Requires the Secretary, in providing such grants, to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA.

A bill to provide grants for use by rural local educational agencies in purchasing new school buses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Extension Act of 2005, Part VI''. SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM. (a) Authorization of Contract Authority.--Section 4(a) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147, 119 Stat. 325) is amended by striking ``$292,179,920'' and inserting ``$309,260,880''. (b) Limitation on Obligations.--Of the obligation limitation made available for Federal-aid highways and highway safety construction programs for fiscal year 2005 by division H of Public Law 108-447 (118 Stat. 3204) not more than $17,080,960 shall be available, in addition to any obligation limitation previously provided, for administrative expenses of the Federal Highway Administration for the period of July 30, 2005, through August 14, 2005. (b) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat. 1146, 119 Stat. 325) is amended by striking ``July 30'' and inserting ``August 14''. SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (a) In General.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay the administrative expenses of the National Highway Traffic Administration in carrying out the highway safety programs authorized by sections 157 and 163 of chapter 1 of title 23, United States Code, and sections 402, 403, 405, and 410 of chapter 4 of such title, the National Driver Register under chapter 303 of title 49, United States Code, the motor vehicle safety program under chapter 301 of such title 49, and the motor vehicle information and cost savings program under part C of subtitle VI of such title 49 $4,125,000 for the period of July 30, 2005, through August 14, 2005. (b) Contract Authority.--Funds made available by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended. SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM. Section 7(a)(1) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended-- (1) by striking ``$213,799,290'' and inserting ``$224,383,414''; and (2) by striking ``July 30'' and inserting ``August 14''. SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS. (a) Authorization of Appropriations.--Section 5338(f)(2) of title 49, United States Code, is amended-- (1) in the heading by striking ``july 30'' and inserting ``august 14''; (2) in subparagraph (A)(vii)-- (A) by striking ``$54,350,686'' and inserting ``$57,650,686''; and (B) by striking ``July 30'' and inserting ``August 14''; and (3) in subparagraph (B)(vii) by striking ``July 30'' and inserting ``August 14''. (b) Obligation Ceiling.--Section 3040(7) of the Transportation Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118 Stat. 1158; 119 Stat. 333) is amended-- (1) by striking ``$6,398,695,996'' and inserting ``$6,401,995,996''; and (2) by striking ``July 30'' and inserting ``August 14''. SEC. 6. BUREAU OF TRANSPORTATION STATISTICS. (a) In General.--Section 5001(a)(4) of the Transportation Equity Act for the 21st Century (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking ``$25,730,000 for the period of October 1, 2004, through July 30, 2005'' and inserting ``$27,000,000 for the period of October 1, 2004, through August 14, 2005''. (b) Limitation on Obligations.--Of the obligation limitation made available for Federal-aid highways and highway safety construction programs for fiscal year 2005 by division H of Public Law 108-447 (118 Stat. 3204) not more than $1,270,000 shall be available, in addition to any obligation limitation previously provided, for administrative expenses of the Bureau of Transportation Statistics for the period of July 30, 2005, through August 14, 2005. SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR OBLIGATIONS UNDER TEA-21. (a) Highway Trust Fund.-- (1) In general.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended-- (A) in the matter before subparagraph (A), by striking ``July 31, 2005'' and inserting ``August 15, 2005'', (B) by striking ``or'' at the end of subparagraph (O), (C) by striking the period at the end of subparagraph (P) and inserting ``, or'', (D) by inserting after subparagraph (P) the following new subparagraph: ``(Q) authorized to be paid out of the Highway Trust Fund under the Surface Transportation Extension Act of 2005, Part VI.'', and (E) in the matter after subparagraph (Q), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (2) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (A) in the matter before subparagraph (A), by striking ``July 31, 2005'' and inserting ``August 15, 2005'', (B) in subparagraph (M), by striking ``or'' at the end of such subparagraph, (C) in subparagraph (N), by inserting ``or'' at the end of such subparagraph, (D) by inserting after subparagraph (N) the following new subparagraph: ``(O) the Surface Transportation Extension Act of 2005, Part VI,'', and (E) in the matter after subparagraph (O), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (3) Exception to limitation on transfers.--Subparagraph (B) of section 9503(b)(6) of such Code is amended by adding at the end the following: ``The preceding sentence shall be applied by substituting `August 15, 2005' for the date therein.''. (b) Aquatic Resources Trust Fund.-- (1) Sport fish restoration account.--Paragraph (2) of section 9504(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subparagraphs (A), (B), and (C) shall each be applied by substituting `Surface Transportation Extension Act of 2005, Part VI' for `Surface Transportation Extension Act of 2005, Part V'.''. (2) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (A) by striking ``July 31, 2005'' and inserting ``August 15, 2005'', and (B) by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (3) Exception to limitation on transfers.--Paragraph (2) of section 9504(d) of such Code is amended by adding at the end the following new sentence: ``The preceding sentence shall be applied by substituting `August 15, 2005' for the date therein.''. (c) Temporary Rule Regarding Adjustments.--During the period beginning on the date of the enactment of the Surface Transportation Extension Act of 2003 and ending on August 14, 2005, for purposes of making any estimate under section 9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway Trust Fund, the Secretary of the Treasury shall treat-- (1) each expiring provision of paragraphs (1) through (4) of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through the end of the 24-month period referred to in section 9503(d)(1)(B) of such Code, and (2) with respect to each tax imposed under the sections referred to in section 9503(b)(1) of such Code, the rate of such tax during the 24-month period referred to in section 9503(d)(1)(B) of such Code to be the same as the rate of such tax as in effect on the date of the enactment of the Surface Transportation Extension Act of 2003. (d) Subsequent Repeal of Certain Temporary Provisions.--Each of the following provisions of the Internal Revenue Code of 1986 are amended by striking the last sentence thereof: (1) Section 9503(b)(6)(B). (2) Section 9504(b)(2). (3) Section 9504(d)(2). (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Subsequent repeal.--The amendments made by subsection (d) shall take effect on the date of the enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and shall be executed immediately before the amendments made by such Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Surface Transportation Extension Act of 2005, Part VI - Extends, through August 14, 2005, the authorization of appropriations from the Highway Trust Fund (HTF) for: (1) administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs; and (2) the Bureau of Transportation Statistics. Prohibits, after August 14, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multiyear law reauthorizing the federal-aid highway program. Amends the Internal Revenue Code to authorize until August 15, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund.

To provide an extension of administrative expenses for highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Retained Income During Growth and Expansion Act of 2001'' or the ``BRIDGE Act of 2001''. SEC. 2. DEFERRED PAYMENT OF TAX BY CERTAIN SMALL BUSINESSES. (a) In General.--Subchapter B of chapter 62 of the Internal Revenue Code of 1986 (relating to extensions of time for payment of tax) is amended by adding at the end the following new section: ``SEC. 6168. EXTENSION OF TIME FOR PAYMENT OF TAX FOR CERTAIN SMALL BUSINESSES. ``(a) In General.--An eligible small business may elect to pay the tax imposed by chapter 1 in 4 equal installments. ``(b) Limitation.--The maximum amount of tax which may be paid in installments under this section for any taxable year shall not exceed whichever of the following is the least: ``(1) The tax imposed by chapter 1 for the taxable year. ``(2) The amount contributed by the taxpayer into a BRIDGE Account during such year. ``(3) The excess of $250,000 over the aggregate amount of tax for which an election under this section was made by the taxpayer (or any predecessor) for all prior taxable years. ``(c) Eligible Small Business.--For purposes of this section-- ``(1) In general.--The term `eligible small business' means, with respect to any taxable year, any person if-- ``(A) such person meets the active business requirements of section 1202(e) throughout such taxable year, ``(B) the taxpayer has gross receipts of $10,000,000 or less for the taxable year, ``(C) the gross receipts of the taxpayer for such taxable year are at least 10 percent greater than the average annual gross receipts of the taxpayer (or any predecessor) for the 2 prior taxable years, and ``(D) the taxpayer uses an accrual method of accounting. ``(2) Certain rules to apply.--Rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply for purposes of this subsection. ``(d) Date for Payment of Installments; Time for Payment of Interest.-- ``(1) Date for payment of installments.-- ``(A) In general.--If an election is made under this section for any taxable year, the first installment shall be paid on or before the due date for such installment and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment. ``(B) Due date for first installment.--The due date for the first installment for a taxable year shall be whichever of the following is the earliest: ``(i) The date selected by the taxpayer. ``(ii) The date which is 2 years after the date prescribed by section 6151(a) for payment of the tax for such taxable year. ``(2) Time for payment of interest.--If the time for payment of any amount of tax has been extended under this section-- ``(A) Interest for period before due date of first installment.--Interest payable under section 6601 on any unpaid portion of such amount attributable to the period before the due date for the first installment shall be paid annually. ``(B) Interest during installment period.--Interest payable under section 6601 on any unpaid portion of such amount attributable to any period after such period shall be paid at the same time as, and as a part of, each installment payment of the tax. ``(C) Interest in the case of certain deficiencies.--In the case of a deficiency to which subsection (e)(3) applies for a taxable year which is assessed after the due date for the first installment for such year, interest attributable to the period before such due date, and interest assigned under subparagraph (B) to any installment the date for payment of which has arrived on or before the date of the assessment of the deficiency, shall be paid upon notice and demand from the Secretary. ``(e) Special Rules.-- ``(1) Application of limitation to partners and s corporation shareholders.-- ``(A) In general.--In applying this section to a partnership which is an eligible small business-- ``(i) the election under subsection (a) shall be made by the partnership, ``(ii) the amount referred to in subsection (b)(1) shall be the sum of each partner's tax which is attributable to items of the partnership and assuming the highest marginal rate under section 1, and ``(iii) the partnership shall be treated as the taxpayer referred to in paragraphs (2) and (3) of subsection (b). ``(B) Overall limitation also applied at partner level.--In the case of a partner in a partnership, the limitation under subsection (b)(3) shall be applied at the partnership and partner levels. ``(C) Similar rules for s corporations.--Rules similar to the rules of subparagraphs (A) and (B) shall apply to shareholders in an S corporation. ``(2) Acceleration of payment in certain cases.-- ``(A) In general.--If-- ``(i) the taxpayer ceases to meet the requirement of subsection (c)(1)(A), or ``(ii) there is an ownership change with respect to the taxpayer, then the extension of time for payment of tax provided in subsection (a) shall cease to apply, and the unpaid portion of the tax payable in installments shall be paid on or before the due date for filing the return of tax imposed by chapter 1 for the first taxable year following such cessation. ``(B) Ownership change.--For purposes of subparagraph, in the case of a corporation, the term `ownership change' has the meaning given to such term by section 382. Rules similar to the rules applicable under the preceding sentence shall apply to a partnership. ``(3) Proration of deficiency to installments.--Rules similar to the rules of section 6166(e) shall apply for purposes of this section. ``(f) BRIDGE Account.--For purposes of this section-- ``(1) In general.--The term `BRIDGE Account' means a trust created or organized in the United States for the exclusive benefit of an eligible small business, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deferral under subsection (b) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) Amounts in the trust may be used only-- ``(i) as security for a loan to the business or for repayment of such loan, or ``(ii) to pay the installments under this section. ``(2) Account taxed as grantor trust.--The grantor of a BRIDGE Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(3) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a BRIDGE Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/2\ months after the close of such taxable year. ``(g) Reports.--The Secretary may require such reporting as the Secretary determines to be appropriate to carry out this section. ``(h) Application of Section.--This section shall apply to taxes imposed for taxable years beginning after the date of the enactment of this section and before January 1, 2006.'' (b) Priority of Lender.--Subsection (b) of section 6323 of such Code is amended by adding at the end the following new paragraph: ``(11) Loans secured by bridge accounts.--With respect to a BRIDGE account (as defined in section 6168(f)) with any bank (as defined in section 408(n)), to the extent of any loan made by such bank without actual notice or knowledge of the existence of such lien, as against such bank, if such loan is secured by such account.'' (c) Clerical Amendment.--The table of sections for subchapter B of chapter 62 of such Code is amended by adding at the end the following new item: ``Sec. 6168. Extension of time for payment of tax for certain small businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (e) Study by General Accounting Office.-- (1) Study.--In consultation with the Secretary of the Treasury, the Comptroller General of the United States shall undertake a study to evaluate the applicability (including administrative aspects) and impact of the BRIDGE Act of 2001, including how it affects the capital funding needs of businesses under the Act and number of businesses benefiting. (2) Report.--Not later than March 31, 2005, the Comptroller General shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report presenting the results of the study conducted pursuant to this subsection, together with such recommendations for legislative or administrative changes as the Comptroller General determines are appropriate.

Business Retained Income During Growth and Expansion Act of 2001 or the BRIDGE Act of 2001 - Amends the Internal Revenue Code to permit an eligible small business to elect to pay its tax in four equal installments. Limits the maximum amount of tax which may be paid in installments for any taxable year to whichever of the following is the least: (1) the tax imposed for the taxable year; (2) the amount contributed by the taxpayer into a BRIDGE Account during such year; or (3) the excess of $250,000 over the aggregate amount of tax for which an election was made by the taxpayer for all prior taxable years. Limits the above provisions to taxes imposed for taxable years beginning after enactment and before January 1, 2006.Sets forth provisions: (1) defining an eligible small business; (2) setting dates for installment payments and interest payments; (3) establishing BRIDGE accounts; and (4) providing for a study and report.

To amend the Internal Revenue Code of 1986 to allow certain small businesses to defer payment of tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Rides Act''. SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS. (a) In General.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Grants for low-income car ownership programs.-- ``(A) Purposes.--The purposes of this paragraph are to-- ``(i) assist low-income families obtain dependable, affordable automobiles to improve their employment opportunities and access to training; and ``(ii) provide incentives to States, Indian tribes or tribal organizations, localities, and nonprofit entities to develop and administer programs that provide assistance with automobile ownership for low-income families. ``(B) Definitions.--In this paragraph: ``(i) Locality.--The term `locality' means a municipality that does not administer a State program funded under this part. ``(ii) Low-income families.--The term `low- income families' means families with total income of not more than 200 percent of the poverty line (as defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). ``(iii) Nonprofit entity.--The term `nonprofit entity' means a school, local agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. ``(C) Authority to award grants.--The Secretary may award grants to States, counties, localities, Indian tribes or tribal organizations, and nonprofit entities to promote improving access to dependable, affordable automobiles by low-income families. ``(D) Grant approval criteria.--The Secretary shall establish criteria for approval of an application for a grant under this paragraph that include consideration of-- ``(i) the extent to which the proposal, if funded, is likely to improve access to training and employment opportunities and child care services by low-income families by means of car ownership; ``(ii) the level of innovation in the applicant's grant proposal; and ``(iii) any partnerships between the public and private sector in the applicant's grant proposal. ``(E) Use of funds.-- ``(i) In general.--A grant awarded under this paragraph shall be used to administer programs that assist low-income families with dependable automobile ownership, and maintenance of, or insurance for, the purchased automobile. ``(ii) Supplement not supplant.--Funds provided to a State, Indian tribe or tribal organization, county, or locality under a grant awarded under this paragraph shall be used to supplement and not supplant other State, county, or local public funds expended for car ownership programs. ``(iii) General rules governing use of funds.--The rules of section 404, other than subsection (b) of that section, shall not apply to a grant made under this paragraph. ``(iv) Rule of interpretation.--For purposes of any requirement, limitation, or prohibition imposed on an individual or family by or pursuant to this part, assistance provided to a low-income family pursuant to a program referred to in clause (i) shall not be considered assistance under a State program funded under this part. ``(F) Application.--Each applicant desiring a grant under this paragraph shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(G) Reversion of funds.--Any funds paid from a grant made under this paragraph that are not expended within 3 years after the date the grant is awarded shall be available for redistribution among other grantees in such manner and amount as the Secretary may determine, unless the Secretary extends by regulation the time period to expend the funds. ``(H) Limitation on administrative costs of the secretary.--Not more than an amount equal to 5 percent of the funds appropriated to make grants under this paragraph for a fiscal year shall be expended for administrative costs of the Secretary in carrying out this paragraph. ``(I) Evaluation.--The Secretary shall, by grant, contract, or interagency agreement, conduct an evaluation of the programs administered with grants awarded under this paragraph. ``(J) Limitations on authorization of appropriations.--There are authorized to be appropriated to the Secretary for grants under this paragraph $50,000,000 for each of fiscal years 2008 through 2012.''. (b) Authority To Use Funds in Individual Development Accounts for Car Ownership, Maintenance, and Insurance.-- (1) Accounts established under the tanf program.-- (A) Additional qualified purpose for use of funds.--Section 404(h)(2)(B) of the Social Security Act (42 U.S.C. 604(h)(2)(B)) is amended by adding at the end the following: ``(iv) Qualified automotive expenditures.-- Qualified automotive expenditures paid from an individual development account directly to the persons to whom the amounts are due.''. (B) Definition.--Section 404(h)(5) of the Social Security Act (42 U.S.C. 604(h)(5)) is amended by adding at the end the following: ``(J) Qualified automotive expenditures.--The term `qualified automotive expenditures' means expenditures for the purchase or maintenance of an automobile, or for insurance for an automobile.''. (2) Accounts established under the assets for independence program.--Section 404(8) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by adding at the end the following: ``(E) Qualified automotive expenditures.-- ``(i) In general.--Qualified automotive expenditures paid from an individual development account directly to the persons to whom the amounts are due. ``(ii) Definition.--In clause (i), the term `qualified automotive expenditures' means expenditures for the purchase or maintenance of an automobile, or for insurance for an automobile.''.

Creating Access to Rides Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to make grants to states, counties, localties, Indian tribes or tribal organizations, and nonprofit entities to promote improving access to ownership of dependable, affordable automobiles by low-income families. Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance.

To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DTV Delay Act''. SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE. (a) In General.--Section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended-- (1) by striking ``February 18, 2009;'' in paragraph (1) and inserting ``June 13, 2009;''; and (2) by striking ``February 18, 2009,'' in paragraph (2) and inserting ``that date''. (b) Extension of Coupon Program.--Section 3005(c)(1)(A) of that Act (47 U.S.C. 309 note) is amended by striking ``March 31, 2009,'' and inserting ``July 31, 2009,''. (c) Conforming Amendments.-- (1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is amended by striking ``February 17, 2009.'' and inserting ``June 12, 2009.''. (2) Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended by striking ``February 17, 2009.'' and inserting ``June 12, 2009.''. (3) Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ``February 17, 2009,'' and inserting ``June 12, 2009,''. (d) License Terms.-- (1) Extension.--The Federal Communications Commission shall extend the terms of the licenses for the recovered spectrum, including the license period and construction requirements associated with those licenses, for a 116-day period. (2) Definition.--In this subsection, the term ``recovered spectrum'' means-- (A) the recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of the Communications Act of 1934; and (B) the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such section. SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM. (a) Treatment of Expired Coupons.--Section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by adding at the end the following: ``(D) Expired coupons.--The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed.''. (b) Conforming amendment.--Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by striking ``receives, via the United States Postal Service,'' and inserting ``redeems''. SEC. 4. IMPLEMENTATION. (a) Permissive Early Termination Under Existing Requirements.-- Nothing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station's analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission's requirements in effect on the date of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television (FCC 07-228, MB Docket No. 07-91, released December 31, 2007). (b) Public Safety Radio Services.-- (1) Use on cleared spectrum.--Notwithstanding the amendments made by section 2, if-- (A) a television broadcast station ceases the broadcasting of such station's analog television service under subsection (a) of this section prior to June 12, 2009, and (B) as a consequence of such cessation, spectrum between frequencies 768 and 776 megahertz, inclusive, and 798 and 806 megahertz, inclusive, becomes available for non-television broadcast use prior to June 12, 2009, the Federal Communications Commission shall permit the use of such spectrum for authorized public safety radio services if the Commission determines that such use is in the public interest and does not cause harmful interference to full-power television stations in the analog or digital television service. (2) Expedited procedures.--The Federal Communications Commission may use expedited procedures, and may waive such rules as may be necessary, to make a determination on an application made under paragraph (1) to begin such use of such spectrum by a public safety agency (as such term is defined in section 3006(d)(1) of the Digital Television Transition and Public Safety Act of 2005) in not less than 2 weeks after the date of submission of such application. (c) Expedited Rulemaking.--Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications Information Administration shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act. SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``2011.'' and inserting ``2012.''. SEC. 6. EMERGENCY DESIGNATION. Each amount made available under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) as a result of the amendments made by this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009. Passed the Senate January 26, 2009. Attest: Secretary. 111th CONGRESS 1st Session S. 328 _______________________________________________________________________ AN ACT To postpone the DTV transition date.

DTV Delay Act - Amends the Digital Television Transition and Public Safety Act of 2005 to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the license period and construction requirements associated with those licenses. Extends to July 31, 2009, the deadline for requesting digital-to-analog converter box coupons. Authorizes the issuance, on request, of one replacement coupon for each coupon that expired without being redeemed. Declares that this Act does not prevent a station from ending analog broadcasting (and continuing to broadcast exclusively digitally) before June 13, 2009. Requires the FCC to permit the use, for authorized public safety radio services, of certain spectrum cleared as a result of a television station ceasing to broadcast analog signals before June 12, 2009, provided the FCC determines that such use does not cause harmful interference to full-power analog or digital television stations. Amends the Communications Act of 1934 to extend through September 30, 2012 (under current law, September 30, 2011), the authority of the FCC to grant a license or permit under provisions relating to competitive bidding. Designates the amounts made available by this Act as an emergency requirement and necessary to meet emergency needs under the concurrent resolutions on the budget for FY2008-2009.

A bill to postpone the DTV transition date.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Nutrition's Role in Curricula and Healthcare Act'' or the ``ENRICH Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2012, United States health care spending was about $8,915 per resident and accounted for 17.2 percent of the Nation's gross domestic product, which is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.3 trillion in 2008, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) It is estimated that health care costs for chronic disease treatment account for over 75 percent of national health expenditures. (4) The last major report from the World Health Organization in March 2003 concluded diet was a major factor in the cause of chronic diseases. (5) Seven out of 10 deaths among Americans each year are from chronic diseases. Heart disease, cancer, and stroke--each of which has been strongly linked to dietary and lifestyle choices--account for more than 50 percent of all deaths each year. (6) About 81.1 million people in the United States have at least one form of cardiovascular disease. Approximately 2,300 Americans die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. Research has shown that following a healthful diet can not only reduce symptoms related to heart disease but also reverse the damage done to the arteries. (7) Two-thirds of the American population is currently overweight, half of whom are obese. One in three children is now overweight, and one-fifth of children are obese. In 2008, the United States spent $190 billion on obesity-related health care costs. (8) An estimated 25.8 million Americans have diabetes. Another 79 million adults have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Diabetes cost the government $116 billion in 2007. Research has shown that nutrition therapy is a key component of diabetes management and can improve clinical outcomes. (9) Cancer kills approximately 570,000 Americans each year, accounting for one in every four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion and that number is expected to rise to $172 billion by 2020. More than 33 percent of cancers are diet related and could be prevented with a healthful diet. (10) Eating is a complex social phenomenon influenced by family, social networks, culture, socioeconomic and educational status. An interprofessional approach to nutrition education for clinicians may not necessarily overcome these forces but may help the health professions team, including physicians and non-physicians, identify effective strategies for nutrition counseling and management. (11) Physicians are an important source of information and motivation for patients' health behavior. Multiple studies have shown that physician counseling on weight loss increases the likelihood that patients will attempt weight loss, increase physical activity, improve diet, and lose weight. (12) Leading medical bodies recommend that physicians address diet with overweight patients. Guidelines from leading medical bodies such as the National Institutes of Health, the American Heart Association, the American College of Cardiology, and the Obesity Society recommend that physicians counsel overweight and obese patients on the benefits of lifestyle changes through lifestyle changes such as diet and physical activity. SEC. 3. GRANTS PROGRAM TO DEVELOP OR ENHANCE INTEGRATED NUTRITION CURRICULA IN MEDICAL SCHOOLS. (a) In General.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in conjunction with the National Institutes of Health National Heart, Lung, and Blood Institute, shall establish a competitive grants program under which the Secretary may award grants to medical schools in the United States for the purpose described in subsection (b)(1). (b) Use of Grant Funds.-- (1) In general.--A medical school receiving a grant under this section shall use the grant to create new or expand existing integrated nutrition and physical activity curriculum described in paragraph (2) for the medical school. (2) Integrated nutrition curriculum.--For purposes of paragraph (1), an integrated nutrition and physical activity curriculum-- (A) shall be designed based on the best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (B) shall, to the greatest extent practicable, address such additional topics, including nutrition across the life cycle of individuals who are members of at-risk populations, physical activity training and programs for such individuals, food insecurity among such individuals, and malnutrition among such individuals. (c) Eligibility.--To be eligible to receive a grant under this section, an eligible entity shall-- (1) be a medical school in the United States that is accredited by the Liaison Committee on Medical Education and Residency Program Accreditation Council for Graduate Education or by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (2) submit an application to the Secretary, in accordance with such time, form, and manner and containing such information as specified by the Secretary, including-- (A) a description of how the medical school intends to implement the integrated nutrition and physical activity curriculum described in subsection (b)(2); and (B) a description of benchmarks to measure the success of the implementation of such curriculum. (d) Administrative Provisions.-- (1) Duration of program.--A grant awarded to a medical school under this section shall be for a three-year period, beginning on the date of the establishment of the grants program under subsection (a). (2) Limitations.-- (A) Grant amounts.--A grant awarded to a medical school under this section may not exceed $500,000. (B) One grant per school.--A medical school shall not be eligible for more than one grant under this section and may not renew such a grant. (3) Priority.--In awarding grants, the Secretary shall give priority to medical schools-- (A) that submit applications under subsection (c)(1) that describe an integrated nutrition and physical activity curriculum that will be implemented through the use of such a grant-- (i) that is coordinated with a residency program; or (ii) provides that students of such school should receive at least 25 hours of nutrition education; or (B) that, for purposes of carrying out such curriculum through the use of such a grant, partner with education programs for both physicians and non- physician health professionals. (e) Reports.-- (1) Periodic reports during grants program.-- (A) In general.--For each school year ending during the duration of the grants program under this section, the Secretary shall submit to Congress a report on the grants program. (B) Report elements.--Each such report shall include-- (i) the findings and conclusions of the Secretary with respect to the integration of nutrition and physical activity curriculum into the curriculum of the medical schools receiving a grant under the grants program; (ii) an assessment of the benefits of the grants program for-- (I) establishing best practices for providers to advise patients in the clinical setting; (II) providing greater nutrition and physical activity awareness to physicians and other health professionals and patients of such physicians and professionals; and (III) improving healthfulness of patients' diets and improving patient health outcomes; and (iii) suggestions on how to promote the integration of nutrition curriculum in medical schools around the United States. (2) Final report.--Not later than 180 days after the last day of the grants program under this section, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to any benefits or barriers of integrating nutrition and physical activity curriculum at both the medical school and residency levels. (f) Funding.--No additional funds are authorized to carry out the requirements of this section. The Secretary shall carry out such requirements by using, from amounts otherwise authorized or appropriated, up to $5,000,000 for each of fiscal years 2016 through 2018.

Expanding Nutrition's Role in Curricula and Healthcare Act or the ENRICH Act This bill requires the Health Resources and Services Administration to establish a program of three-year competitive grants to accredited medical schools for the development or expansion of an integrated nutrition and physical activity curriculum. The curriculum must: (1) be designed to improve communication and provider preparedness in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, and cancer; and (2) address additional topics regarding individuals in at-risk populations, as practicable, including physical activity and training programs, food insecurity, and malnutrition.

ENRICH Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Market Access Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) A principal negotiating objective of the United States regarding trade barriers and other trade distortions must be to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that hinders market opportunities for United States exports or otherwise distorts United States trade. (2) One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access and, in fact, this principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for ``entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations''. (3) If negotiations between the United States and a foreign country do not provide meaningful market access for products of United States domestic producers who have sought market access assistance from the United States Government, then the United States must not reduce or eliminate tariffs for products of the foreign country, having the same physical characteristics and uses pursuant to any trade agreement entered into between the United States and the foreign country. (4) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (5) The United States market is widely recognized as one of the most open markets in the world: average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (6) Consequently, the leverage the United States has to obtain removal of nontariff barriers of foreign countries is often tariffs on imports from foreign countries into the United States. (7) Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff- for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States industry access to a foreign market. (8) The United States should not engage in trade negotiations in such a compartmentalized manner thereby effectively and unilaterally disarming itself by leveraging its limited tariff barriers without securing elimination of nontariff barriers of foreign countries and ensuring that new barriers are not created or discovered. (9) The United States should seek to ensure market access results are obtained before reducing or eliminating domestic tariffs. Specifically, the United States Trade Representative should seek to ensure market access for products of United States domestic producers who have sought market access assistance from the United States Government and have provided a reasonable indication of the denial of meaningful market access. (b) Purpose.--The purpose of this Act is to ensure that United States trade negotiations achieve real and meaningful results for United States industry by ensuring that trade agreements result in meaningful market access for the exports of United States domestic producers and not just the elimination of tariffs on imports into the United States. SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS. (a) Limitation.--Notwithstanding any other provision of the law, the President may not agree to a modification of any existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country on or after the date of the enactment of this Act until the President transmits to Congress a certification described in subsection (b). (b) Certification.--A certification referred to in subsection (a) is a certification of the President that-- (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of the foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty is sought by the President to carry out the trade agreement described in subsection (a); and (2) a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. SEC. 4. ENFORCEMENT PROVISIONS. (a) Withdrawal of Tariff Concessions.--If the United States Trade Representative determines pursuant to subsection (c) that any tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated, or that a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought by the President to carry out the trade agreement described in section 3(a), then, notwithstanding any other provision of law, the modification of the existing duty shall be withdrawn until such time as the United States Trade Representative submits to Congress a certification that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such government. (b) Investigation.-- (1) In general.--An investigation shall be initiated by the United States Trade Representative whenever an interested party files a petition with the United States Trade Representative which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product with the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought; and (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by USTR.--Not later than 45 days after the date on which a petition is filed under subsection (b), the United States Trade Representative shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination.

Reciprocal Market Access Act of 2007 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government.

To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 1994''. SEC. 2. THE BASELINE. (a) The second sentence of section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``for inflation as specified in paragraph (5); and (2) by inserting ``but only for the purpose of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974'' after ``to offset pay absorption and for pay annualization as specified in paragraph (4)''. (b) Section 1109(a) of title 31, United States Code, is amended by adding after the first sentence the following new sentence: ``These estimates shall not include an adjustment for inflation for programs and activities subject to discretionary appropriations.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years following that year;''. (b) Section 1105(a)(6) of title 31, United States Code, is amended by inserting ``current fiscal year and the'' before ``fiscal year''. (c) Section 1105(a)(12) of title 31, United States Code, is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) the estimated amount for the same activity (if any) in the current fiscal year.''. (d) Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(30) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction.''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the Congressional budget for the next fiscal year shall be from such estimated levels.''; and (2) striking paragraph (8) and redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and by inserting after paragraph (7) the following new paragraphs: ``(8) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and ``(9) information, data, and comparisons indicating the manner in which and the basis on which, the committee determined each of the matters set forth in the concurrent resolution;''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report for the fiscal year commencing on October 1 of that year with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits) compared to comparable levels for the current year and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. (b) Section 202(f)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``That report shall also include a table on sources of spending growth in total mandatory spending for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (c) Section 308(a)(1) of the Congressional Budget Act of 1974 is amended-- (1) in subparagraph (C), by inserting ``, and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''; and (2) by striking ``and'' at the end of subparagraph (C), by striking the period and inserting ``; and'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) comparing the levels in existing programs in such measure to the estimated levels for the current fiscal year.'' (d) Title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``gao reports to budget committees ``Sec. 408. On or before January 15 of each year, the Comptroller General, after consultation with appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing all programs, projects, and activities that fall within the definition of direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (e) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 407 the following new item: ``Sec. 408. GAO reports to budget committees.''. Passed the House of Representatives August 12, 1994. Attest: Clerk. 103d CONGRESS 2d Session H. R. 4907 _______________________________________________________________________ AN ACT To reform the concept of baseline budgeting.

Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the definition of baseline to provide for certain inflation adjustments only for the purpose of adjusting discretionary spending limits. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels. Requires the CBO to report to the Congress annually on all programs, projects, and activities that fall within the definition of direct spending.

Baseline Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2009''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e). Grants under this subsection shall be awarded on a competitive basis.''; (2) in subsection (b)-- (A) by striking the subsection heading text and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) by amending paragraph (4) to read as follows: ``(4) award grants to pay for or train officers hired to perform intelligence, anti-terror, or homeland security duties;''; (D) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;''; (E) by striking paragraph (9); (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively; (G) by striking paragraph (13); (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively; (I) in paragraph (14), as so redesignated, by striking ``and'' at the end; (J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and (K) by adding at the end the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; ``(17) hire and rehire civilian forensic analysts and laboratory personnel; ``(18) establish criminal gang enforcement task forces, consisting of members of Federal, State, and local law enforcement authorities (including Federal, State, and local prosecutors), for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders involved in local or multi-jurisdictional gang activities; and ``(19) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs.''; (3) by striking subsection (c); (4) by striking subsections (h) and (i); (5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (6) by inserting after subsection (b) the following: ``(c) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community- oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who has been honorably discharged from the Armed Forces of the United States. ``(d) Community Prosecutors Program.--The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement) and quality of life initiatives, and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(e) Technology Grants.--The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (7) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; and (D) by adding at the end the following: ``(4) Exclusivity.--The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this part.''; (8) in subsection (g), as so redesignated, by striking ``may utilize any component'', and all that follows and inserting ``shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (b)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)''; (10) in subsection (i), as so redesignated-- (A) by striking ``the Federal share shall decrease from year to year for up to 5 years'' and inserting ``unless the Attorney General waives the non-Federal contribution requirement as described in the preceding sentence, the non-Federal share of the costs of hiring or rehiring such officers may be less than 25 percent of such costs for any year during the grant period, provided that the non-Federal share of such costs shall not be less than 25 percent in the aggregate for the entire grant period, but the State or local government should make an effort to increase the non-Federal share of such costs during the grant period''; and (B) by adding at the end the following new sentence: ``The preceding sentences shall not apply with respect to any program, project, or activity provided by a grant made pursuant to subsection (b)(4).''; and (11) by adding at the end the following: ``(j) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of such grant. ``(k) Treatment of Grant for Hiring Civilian Forensic Analysts and Laboratory Personnel.--A grant awarded under this section for hiring and rehiring of civilian forensic analysts and laboratory personnel (in accordance with paragraph (17) of subsection (b)) shall be subject to the same treatment, limitations, and renewal requirements under this part as grants awarded under this section for hiring and rehiring of career law enforcement personnel (in accordance with paragraphs (1) and (2) of subsection (b)).''. (b) Applications.--Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; and (B) in paragraph (8), by striking ``share of the cost'' and all that follows and inserting ``share of the costs during the grant period, how the applicant will maintain the increased hiring level of the law enforcement officers, and how the applicant will eventually assume responsibility for all of the costs for such officers;''; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--Except as provided in subsection (b), a grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) Grants for Hiring.--Grants made under this part for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, except that the Attorney General may waive such 5-year limitation for good cause. ``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a)-- (A) by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (B) by adding at the end the following new sentence: ``The preceding sentence shall not apply with respect to funds made available under this part by a grant made pursuant to subsection (a) for the purposes described in subsection (b)(4).''; and (2) by striking subsection (c). (e) Study of Program Effectiveness.--Section 1705 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is amended by adding at the end the following new subsection: ``(d) Study of Program Effectiveness.-- ``(1) In general.--The Attorney General shall provide for a scientific study of the effectiveness of the programs, projects, and activities funded under this part in reducing crime. Such study shall include identified best practices for community policing that have demonstrated results for building and strengthening the relationship between police departments and the communities such departments serve. ``(2) Study.--The Attorney General shall select one or more institutions of higher education, including historically Black colleges and universities, to conduct the study described in paragraph (1). ``(3) Reports.--Not later than 4 years after the date of the enactment of the COPS Improvements Act of 2009, the institution or institutions selected under paragraph (2) shall report the findings of the study described in paragraph (1) to the Attorney General. Not later than 30 days after the receipt of such report, the Attorney General shall report such findings to the appropriate committees of Congress, along with any recommendations the Attorney General may have relating to the effectiveness of the programs, projects, and activities funded under this part in reducing crime.''. (f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (g) Definitions.--Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by inserting ``who is a sworn law enforcement officer'' after ``permanent basis''. (h) Authorization of Appropriations.--Section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``1,800,000,000 for each of fiscal years 2009 through 2014''; and (2) in subparagraph (B)-- (A) in the first sentence, by striking ``3 percent may be used for technical assistance under section 1701(d)'' and inserting ``5 percent may be used for technical assistance under section 1701(f)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $1,250,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).''. (i) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (j) COPS Program Improvements.-- (1) In general.--Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''. (k) Effective Date.--This section and the amendments made by this section shall apply with respect to grants awarded under part Q of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) on or after the date of enactment of this Act. SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to Congress a report on the Public Safety and Community Policing (``COPS ON THE BEAT'') grant program authorized by part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), including the elements described in subsection (b). (b) Elements of Report.--The report submitted under subsection (a) shall include information on the following, with respect to the grant program described in such subsection: (1) The effect of the program on the rate of violent crime, drug offenses, and other crimes. (2) The degree to which State and local governments awarded a grant under the program contribute State and local funds, respectively, for law enforcement programs and activities. (3) Any waste, fraud, or abuse within the program. (c) Random Sampling Required.--For purposes of subsection (a), the Inspector General of the Department of Justice shall audit and review a random sampling of State and local law enforcement agencies. Such sampling shall include-- (1) law enforcement agencies of various sizes; (2) law enforcement agencies that serve various populations; and (3) law enforcement agencies that serve areas of various crime rates. Passed the House of Representatives April 23, 2009. Attest: LORRAINE C. MILLER, Clerk.

COPS Improvements Act of 2009 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make competitive grants under the public safety and community policing grant program (COPS grant program) to states, local and Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals to: (1) train officers hired to perform intelligence, anti-terror, or homeland security duties; (2) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (3) establish and implement innovative programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; (4) hire and rehire civilian forensic analysts and laboratory personnel; (5) establish criminal gang enforcement task forces; and (6) meet emerging law enforcement needs. Authorizes the use of COPS grants to hire honorably discharged members of the Armed Forces to serve as career law enforcement officers. Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program. Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application. Directs the Attorney General to provide for a scientific study of the effectiveness of the programs, projects, and activities under the grant program in reducing crime. Increases and extends the authorization of appropriations for the COPS grant program for FY2009-FY2014. (Sec. 3) Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the effect of the COPS grant program on the rate of violent crime, drug offenses, and other crimes, the degree to which state and local government grant recipients contribute funds for law enforcement programs and activities, and any waste, fraud, or abuse within the program. Requires the Inspector General, in making such report, to audit and review a random sampling of state and local law enforcement agencies.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Breast cancer is the second leading cause of cancer deaths among American women. (2) More women in the United States are living with breast cancer than any other cancer (excluding skin cancer). Approximately 3,000,000 women in the United States are living with breast cancer, about 2,000,000 of which have been diagnosed and an estimated 1,000,000 who do not yet know that they have the disease. (3) Breast cancer is the most commonly diagnosed cancer among women in the United States and worldwide (excluding skin cancer). In 2005, it is estimated that 269,730 new cases of breast cancer will be diagnosed among women in the United States, 211,240 invasive breast cancers and 58,490 cases of ductal carcinoma in situ (DCIS). (4) Approximately 40,410 women in the United States will die from the disease in 2005. Breast cancer is the leading cause of cancer death for women in the United States between the ages of 20 and 59, and the leading cause of cancer death for women worldwide. (5) A woman who lives into her 80s in the United States has a 1 in 7 chance of developing invasive breast cancer in her lifetime. This risk was 1 in 11 in 1975. In 2005, a new case of breast cancer will be diagnosed every 2 minutes and a woman will die from breast cancer every 13 minutes. (6) All women are at risk for breast cancer. About 90 percent of women who develop breast cancer do not have a family history of the disease. (7) The National Action Plan on Breast Cancer, a public private partnership, has recognized the importance of expanding the scope and breadth of biomedical, epidemiological, and behavioral research activities related to the etiology of breast cancer and the role of the environment. (8) To date, there has been only a limited research investment to expand the scope or coordinate efforts across disciplines or work with the community to study the role of the environment in the development of breast cancer. (9) In 2003, the National Institute of Environmental Health Sciences awarded grants to four research centers to begin to study the prenatal-to-adult environmental exposures that may predispose a woman to breast cancer. The currently funded research is examining the mammary tissue in animals and young girls and study the subjects' life exposures to environmental, nutritional, and social factors that impact menarche. Early menarche, beginning menstruation before the age of 12, has been shown to increase breast cancer risk later in life. (10) The National Cancer Institute and the National Institute of Environmental Health Sciences have paired together to make those four centers possible. The two institutes work well together, combining their respective areas of expertise to the best advantage of the research. (11) In order to take full advantage of the tremendous potential for avenues of prevention, the Federal investment in the role of the environment and the development of breast cancer should be expanded. The research conducted at the four centers, while critically important, is one small facet of the many issues that must be addressed in order to gauge the link between environmental factors and breast cancer. (12) In order to understand the effect of chemicals and radiation on the development of cancer, multi-generational, prospective studies are probably required. SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following section: ``SEC. 463C. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. ``(a) In General.--The Director of the Institute, based on recommendations from the Breast Cancer and Environmental Research Panel established under subsection (b) (referred to in this section as the `Panel'), shall make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than 8 centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence. ``(b) Breast Cancer and Environmental Research Panel.-- ``(1) Establishment.--The Secretary shall establish in the Institute of Environmental Health Sciences a Breast Cancer and Environmental Research Panel. ``(2) Composition.--The Panel shall be composed of-- ``(A) 9 members to be appointed by the Secretary, of which-- ``(i) six members shall be appointed from among physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; ``(IV) are from practice settings or academia or other research settings; and ``(V) are experienced in biomedical review; and ``(ii) three members shall be appointed from the general public who are representatives of individuals who have had breast cancer and who represent a constituency; and ``(B) such nonvoting, ex officio members as the Secretary determines to be appropriate. ``(3) Chairperson.--The members of the Panel appointed under paragraph (2)(A) shall select a chairperson from among such members. ``(4) Meetings.--The Panel shall meet at the call of the chairperson or upon the request of the Director, but in no case less often than once each year. ``(5) Duties.--The Panel shall-- ``(A) oversee the peer review process for the awarding of grants under subsection (a) and conduct the programmatic review under such subsection; ``(B) make recommendations with respect to the funding criteria and mechanisms under which amounts will be allocated under this section; and ``(C) make final programmatic recommendations with respect to grants under this section. ``(c) Collaboration With Community.--Each center under subsection (a) shall establish and maintain ongoing collaborations with community organizations in the geographic area served by the center, including those that represent women with breast cancer. ``(d) Coordination of Centers; Reports.--The Director of the Institute shall, as appropriate, provide for the coordination of information among centers under subsection (a) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(e) Required Consortium.--Each center under subsection (a) shall be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. Each center shall require collaboration among highly accomplished scientists, other health professionals and advocates of diverse backgrounds from various areas of expertise. ``(f) Duration of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute and if such group has recommended to the Director that such period should be extended. ``(g) Geographic Distribution of Centers.--The Director of the Institute shall, to the extent practicable, provide for an equitable geographical distribution of centers under this section. ``(h) Innovative Approaches.--Each center under subsection (a) shall use innovative approaches to study unexplored or under-explored areas of the environment and breast cancer. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2006 through 2011. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''.

Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer. Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act.

To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.

SECTION 1. FINDINGS. Congress finds that-- (1) the Augusta Canal National Landmark in the State of Georgia, listed on the National Historic Register of Historic Places, and designated by the Governor of Georgia as one of 4 regionally important resources in the State, is one of the last unspoiled areas in the State of Georgia; (2) the Augusta Canal National Historic Landmark possesses excellent water quality, beautiful rural and historic cultural landscapes, architecturally significant mill structures and mill villages, and large acreages of parks and permanent open space; (3) 3 national historic districts, the Harrisburg, Laney Walker, and Greene Street districts, and 2 national historic landmarks, Stallings Island, located in the Savannah River, and Meadow Garden, are connected by the Augusta Canal Area; (4) the beautiful rural landscapes and historic cultural landscapes, scenic vistas and excellent water quality of the Augusta Canal contain significant undeveloped recreational opportunities for people throughout the United States; (5) the Augusta Canal and related mill sites, structures, and associated neighborhoods are representative of the development of the cotton textile industry and associated agriculture and trade in the South; (6) the transformation of the agrarian economy of the area into an early industrial economy was precipitated by the development and use of the Augusta Canal; (7) several significant sites associated with the American Revolution, the Civil War, Native Americans, Colonial Americans, African Americans, Chinese Americans, and Irish Americans are located within the Augusta Canal area; (8) despite the efforts by the State of Georgia, political subdivisions of the State, volunteer organizations, and private businesses, the cultural, historical, natural, and recreational resources of the area have not realized full potential and may be lost without assistance from the Federal Government; (9) the Secretary of the Interior considers this landmark to be threatened and has designated it a priority for protection; (10) many local, regional, and State agencies, businesses, and private citizens have expressed an overwhelming desire to combine forces to work cooperatively to preserve and enhance the resources of the Augusta Canal National Historic Landmark and better plan for its future; and (11) the Augusta Canal Authority, a public body established under the law of the State of Georgia, would be an appropriate management entity for a National Heritage Area established in the area of the Augusta Canal. SEC. 2. PURPOSE. It is the purpose of this Act to provide a cooperative management framework to assist the State of Georgia, its units of local government, and area citizens in retaining, enhancing, and interpreting the significant features of the lands, water, and structures of the Augusta Canal, in a manner that is consistent with positive economic impact and development for the benefit and inspiration of present and future generations in the State of Georgia and the United States. SEC. 3. ESTABLISHMENT OF AUGUSTA CANAL NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of Georgia the Augusta Canal National Heritage Area (referred to in this Act as the ``Heritage Area''). (b) Boundaries.-- (1) In general.--The Heritage Area shall include the land generally depicted on the map entitled ``The Augusta Canal'', numbered AUCA-80,000, and dated August 1994, which shall be on file and available for public inspection in the Office of the Director of the National Park Service, Washington, D.C. (2) Legal description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall prepare and place on file with the map described in paragraph (1) a legal description of the boundaries of the Heritage Area. SEC. 4. MANAGEMENT. The Secretary, acting through the Director of the National Park Service, shall enter into a cooperative agreement with the Augusta Canal Authority, a public body established under the law of the State of Georgia, providing for the management of the Heritage Area by the Augusta Canal Authority under terms and conditions stated in the cooperative agreement. SEC. 5. MANAGEMENT PLAN. (a) Preparation of Plan.--Not later than 1 year after the date of enactment of this Act, the Augusta Canal Authority shall prepare and submit to the Secretary for review and approval a plan for the management and administration of the Heritage Area. (b) Contents.--The plan shall be based on Federal, State, and local plans in existence on the date of enactment of this Act, including the Augusta Canal Master Plan. The Augusta Canal Authority shall coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Heritage Area. (c) Assistance.--The Secretary may provide technical and financial assistance in the preparation of the management plan. (d) Approval.-- (1) In general.--Not later than 180 days after receipt of the plan submitted under subsection (a), the Secretary shall approve or disapprove the plan. (2) Criteria.--In determining whether to approve a plan, the Secretary shall consider-- (A) whether the planning area has strong local support for the study from a diversity of landowners, business interests, nonprofit organizations, and governments within the proposed study area; (B) whether the proposal is consistent with and complements continued economic activity in the area; (C) whether the planning area has a high potential for effective partnership mechanisms; (D) whether the plan improperly infringes on private property rights; and (E) whether the plan will take appropriate action to ensure private property rights are observed. (3) Disapproval.-- (A) In general.--If the Secretary disapproves the management plan, the Secretary shall notify the Augusta Canal Authority of the disapproval in writing. (B) Contents.--A notification under subparagraph (A) shall include-- (i) the reasons for the disapproval; and (ii) recommendations for revision. (C) Revised plan.--The Augusta Canal Authority shall revise and resubmit the management plan to the Secretary for approval. Not later than 180 days after receipt of the revised plan, the Secretary shall approve or disapprove the plan as provided in paragraph (2). The Augusta Canal Authority shall revise and submit the management plan until the management plan is approved by the Secretary. (e) Implementation.-- (1) In general.--Upon approval of the management plan as provided in subsection (d), the Secretary, in conjunction with the Augusta Canal Authority, shall take appropriate steps to implement the management plan. (2) Cooperative agreements.--The Secretary is authorized to enter into cooperative agreements with the State of Georgia, political subdivisions of the State, the Augusta Canal Authority, or any organization or individual to implement the management plan. (f) Economic Development.--It is the sense of Congress that the Augusta Canal Authority, the State of Georgia, and the city of Augusta and other political subdivisions of the State of Georgia should encourage, by appropriate means, enhanced economic and industrial development in the area consistent with the goals of the Augusta Canal Master Plan. SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the Augusta Canal Authority with respect to such activities; (2) cooperate with the Secretary and the Augusta Canal Authority with respect to such activities; (3) coordinate such activities with the Secretary and the Augusta Canal Authority; and (4) conduct or support such activities in a manner that the Secretary and the Augusta Canal Authority determine will not have an adverse effect on the Heritage Area. SEC. 7. ACQUISITION OF REAL PROPERTY. The Augusta Canal Authority may not use any Federal funds that it may receive to acquire real property or an interest in real property. SEC. 8. RULES OF CONSTRUCTION. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this Act shall be construed to-- (1) impose any occupational, safety, conservation, or environmental regulation on the Heritage Area that is more stringent than the regulations that would be applicable to the Heritage Area but for the establishment of the Heritage Area under section 3; or (2) authorize any Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for the Heritage Area that is more stringent than the regulations applicable to the Heritage Area in existence on the date of enactment of this Act, solely as a result of the establishment of the Heritage Area under section 3. (b) Land Use Regulation.--Nothing in this Act shall be construed to-- (1) modify, enlarge, or diminish any authority of Federal, State, and local governments to regulate any use of land as provided for by current law or regulation; or (2) grant powers of zoning or land use to the Augusta Canal Authority. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Establishes the Augusta Canal National Heritage Area in Georgia. Requires the Augusta Canal Authority to prepare and submit to the Secretary of the Interior for review and approval a plan for the management of the Area, based on existing Federal, State, and local plans in existence on the date of enactment of this Act. Directs the Authority to coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the Area's cultural, natural, scenic, and recreational resources. Prohibits the Authority from using any Federal funds to acquire real property or interest in such property. Declares that nothing in this Act shall be construed to: (1) authorize Federal agencies to promulgate an occupational, safety, conservation, or environmental regulation for the Area that is more stringent than existing applicable regulations, solely as a result of the establishment of the Area; (2) modify, enlarge, or diminish the authority of Federal, State, and local governments to regulate any use of land as provided for by current law or regulation; or (3) grant powers of zoning or land use to the Authority. Authorizes appropriations.

A bill to establish the Augusta Canal National Heritage Area in the State of Georgia, and for other purposes.

SECTION 1. SHORT TITLE. This bill may be cited as the ``Freedom to Fish Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Recreational fishing is traditionally the most popular outdoor sport with more than 50,000,000 participants of all ages, in all regions of the country. (2) Recreational anglers makes a substantial contribution to local, State, and national economies and infuse $116,000,000,000 annually into the national economy. (3) In the United States, more than 1,200,000 jobs are related to recreational fishing, a number that is approximately 1 percent of the entire civilian workforce in the United States. In communities that rely on seasonal tourism, the expenditures of recreational anglers result in substantial benefits to the local economies and small businesses in those communities. (4) Recreational anglers have long demonstrated a conservation ethic. In addition to payment of Federal excise taxes on fishing equipment, motorboats and fuel, as well as license fees, recreational anglers contribute more than $500,000,000 annually to State fisheries conservation management programs and projects. (5) It is a long standing policy of the Federal Government to allow public access to public lands and waters for recreational purposes in a manner that is consistent with principals of sound conservation. This policy is reflected in the National Forest Management Act of 1976, the Wilderness Act, the Wild and Scenic Rivers Act, and the National Parks and Recreation Act of 1978. (6) In most instances, recreational fishery resources can be maintained without restricting public access to fishing areas through a variety of management measures including take limits, minimum size requirements, catch and release requirements, gear adaptations, and closed seasons. (7) A clear policy is required to demonstrate to recreational anglers that recreational fishing can be managed without unnecessarily prohibiting such fishing. (8) A comprehensive policy on the implementation, use, and monitoring of marine protected areas is required to maintain the optimum balance between recreational fishing and sustaining recreational fishery resources. SEC. 3. POLICY. It is the policy of the United States to promote sound conservation of fishery resources by ensuring that-- (1) Federal regulations promote access to fishing areas by recreational anglers to the maximum extent practicable; (2) recreational anglers are actively involved in the formulation of any regulatory procedure that contemplates imposing restrictions on access to a fishing area; and (3) limitations on access to fishing areas by recreational anglers are not imposed unless such limitations are scientifically necessary to provide for the conservation of a fishery resource. SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENTS. (a) Limitation on Closures.--Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended by adding at the end the following: ``(15) not establish geographic areas where recreational fishing is prohibited unless-- ``(A) clear indication exists that recreational fishing in such area is the cause of a specific conservation problem in the fishery; ``(B) no alternative conservation measures related to recreational fishing, such as gear restrictions, quotas, or closed seasons will adequately provide for conservation and management of the fishery; ``(C) the management plan-- ``(i) provides for specific measurable criteria to assess whether the prohibition provides conservation benefits to the fishery; and ``(ii) requires a periodic review to assess the continued need for the prohibition not less than once every 3 years; ``(D) the best available scientific information supports the need to close the area to recreational fishing; and ``(E) the prohibition is terminated as soon as the condition in subparagraph (A) that was the basis of the prohibition no longer exists.''. (b) Technical Amendments.--Such section is further amended-- (1) in paragraph (13), by striking ``and'' after the semicolon; and (2) in paragraph (14), by striking ``fishery.'' and inserting ``fishery; and''. SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT. Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5)) is amended to read as follows: ``(5) Fishing regulations.-- ``(A) In general.--The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare, and to revise from time to time, draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation. ``(B) Relationship to magnuson.--Draft regulations prepared by the Council under subparagraph (A) shall be made in accordance with the standards and procedures of the Magnuson Act. ``(C) Regulation within a state.--Such regulations may regulate a fishery within the boundaries of a State (other than the State's internal waters) if-- ``(i) the Governor of the State approves such regulation; or ``(ii) the Secretary determines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that the State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the fulfillment of the purposes and policies of this Act and the goals and objectives of the proposed designation. ``(D) Notification and hearing.--If the Secretary makes a determination under subparagraph (C)(ii) to regulate a fishery within the boundaries of such State (other than State's internal waters)-- ``(i) the Secretary shall promptly notify the State and the appropriate Council of such determination; ``(ii) the State may request that a hearing be held pursuant to section 554 of title 5, United States Code; and ``(iii) the Secretary shall conduct a hearing requested under clause (ii) prior to taking any action to regulate a fishery within the boundaries of such State (other than the State's internal waters) under subparagraph (C)(ii). ``(E) Termination of regulation within a state.--If the Secretary, pursuant to a determination under subparagraph (C)(ii), assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which the Secretary assumed such regulation no longer prevail, the Secretary shall promptly terminate such regulation.''.

Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas where recreational fishing is prohibited unless: (1) there is clear indication that such fishing in the area is the cause of a specific conservation problem in the fishery; (2) no alternative conservation measures related to recreational fishing will adequately provide for conservation and management of the fishery; (3) the plan provides criteria to assess whether the prohibition provides fishery conservation benefits and requires plan periodic review; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition causing the prohibition no longer exists. Amends the National Marine Sanctuaries Act to direct the Secretary to provide the appropriate Council with the opportunity to revise draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation of a national marine sanctuary. Allows such draft regulations to regulate a fishery within a State if: (1) the governor of the State approves the regulations; or (2) the Secretary determines, after notice and opportunity for a hearing, that the State has taken, or failed to take, any action the results of which will substantially and adversely affect the fulfillment of the purposes of such Act and the goals and objectives of the proposed sanctuary designation.

A bill to protect the public's ability to fish for sport, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Academies of Practice Recognition Act of 2003''. SEC. 2. CHARTER. The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter. SEC. 3. CORPORATE POWERS. The National Academies of Practice (referred to in this Act as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 4. PURPOSES OF CORPORATION. The purposes of the corporation shall be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, pharmacy, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures. SEC. 5. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 6. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. SEC. 7. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES. The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. OFFICERS OF THE CORPORATION. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 9. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of the charter under this Act. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) Claims of Federal Approval.--The corporation shall not claim congressional approval or Federal Government authority for any of its activities. SEC. 10. LIABILITY. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. SEC. 11. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--Nothing in this section shall be construed to contravene any applicable State law. SEC. 12. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. DEFINITION. In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision. SEC. 16. TERMINATION. If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.

National Academies of Practice Recognition Act of 2003 - Grants a Federal charter to the National Academies of Practice (a nonprofit corporation organized under the laws of the District of Columbia).

A bill to recognize the organization known as the National Academies of Practice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Tuberculosis Elimination Act of 2003''. TITLE I--INTERAGENCY COLLABORATION SEC. 101. ADVISORY COUNCIL FOR THE ELIMINATION OF TUBERCULOSIS. Section 317E(f) of the Public Health Service Act (42 U.S.C. 247b- 6(f)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by striking paragraphs (2) through (4), and inserting the following: ``(2) Duties.--For the purpose of making progress toward the goal of eliminating tuberculosis from the United States, the Council shall provide to the Secretary and other appropriate Federal officials advice on coordinating the activities of the Public Health Service and other Federal agencies that relate to such disease and on efficiently utilizing the Federal resources involved. ``(3) National plan.--In carrying out paragraph (2), the Council, in consultation with appropriate public and private entities, shall make recommendations on the development, revision, and implementation of a national plan to eliminate tuberculosis in the United States. In carrying out this paragraph, the Council shall-- ``(A) consider the recommendations of the Institute of Medicine regarding the elimination of tuberculosis; ``(B) address the development and application of new technologies; and ``(C) review the extent to which progress has been made toward eliminating tuberculosis. ``(4) Global activities.--In carrying out paragraph (2), the Council, in consultation with appropriate public and private entities, shall make recommendations for the development and implementation of a plan to guide the involvement of the United States in global and cross border tuberculosis-control activities, including recommendations regarding policies, strategies, objectives, and priorities. Such recommendations for the plan shall have a focus on countries where a high incidence of tuberculosis directly affects the United States, such as Mexico, and on access to a comprehensive package of tuberculosis control measures, as defined by the World Health Organization directly observed treatment, short course strategy (commonly known as DOTS). ``(5) Composition.--The Council shall be composed of-- ``(A) representatives from the Centers for Disease Control and Prevention, the National Institutes of Health, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, the U.S.-Mexico Border Health Commission, and other Federal departments and agencies that carry out significant activities relating to tuberculosis; and ``(B) members appointed from among individuals who are not officers or employees of the Federal Government.''. TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. NATIONAL PROGRAM FOR TUBERCULOSIS ELIMINATION. Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by striking the heading for the section and inserting the following: ``national program for tuberculosis elimination''; (2) by amending subsection (b) to read as follows: ``(b) Research, Demonstration Projects, Education, and Training.-- With respect to the prevention, control, and elimination of tuberculosis, the Secretary may, directly or through grants to public or nonprofit private entities, carry out the following: ``(1) Research, with priority given to research concerning-- ``(A) diagnosis and treatment of latent infection of tuberculosis; ``(B) strains of tuberculosis resistant to drugs; ``(C) cases of tuberculosis that affect certain populations; and ``(D) clinical trials, including a tuberculosis trials consortium. ``(2) Demonstration projects for-- ``(A) the development of regional capabilities for the prevention, control, and elimination of tuberculosis; and ``(B) collaboration with the Immigration and Naturalization Service to identify and treat immigrants with active or latent tuberculosis infection. ``(3) Public information and education programs. ``(4) Education, training and clinical skills improvement activities for health professionals, including allied health personnel. ``(5) Support of model centers to carry out activities under paragraphs (1) through (4). ``(6) Collaboration with international organizations and foreign countries in carrying out such activities, including coordinating activities through the Committee on Interagency Collaboration for Tuberculosis Elimination.''; (3) in subsection (f), by adding at the end the following: ``(4) Annual reports.--The Council shall annually submit to the Congress and the Secretary a report on the activities carried out under this subsection. The report shall include the opinion of the Council on the extent to which the recommendations of the Institute of Medicine regarding tuberculosis have been implemented.''; and (4) by amending subsection (g) to read as follows: ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $528,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. TITLE III--NATIONAL INSTITUTES OF HEALTH SEC. 301. ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``tuberculosis ``Sec. 424C. (a) In General.--The Director of the Institute shall expand, intensify, and coordinate research and related activities of the Institute with respect to tuberculosis, including activities toward the goal of eliminating such disease. ``(b) Certain Activities.--Activities under subsection (a) shall include-- ``(1) enhancing basic and clinical research on tuberculosis; and ``(2) expanding research on the relationship between such disease and the human immunodeficiency virus. ``(c) Research Education.-- ``(1) Tuberculosis academic awards.--The Director of the Institute may provide awards to faculty of schools of medicine or osteopathic medicine to assist such faculty in developing high quality curricula in such schools designed to significantly increase the opportunities for interested individuals, including students of the school and practicing physicians and nurses, to learn the principles and practices of preventing, managing, and controlling tuberculosis. ``(2) Tuberculosis/pulmonary infection awards.--The Director of the Institute may provide awards to support the career development of clinically trained professionals who are committed to research regarding pulmonary infections and tuberculosis by providing for supervised study and research. ``(3) Authorization of appropriations.-- ``(A) Tuberculosis academic awards.--For the purpose of carrying out paragraph (1), there are authorized to be appropriated $5,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. ``(B) Tuberculosis/pulmonary infection awards.--For the purpose of carrying out paragraph (2), there are authorized to be appropriated $5,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. SEC. 302. ACTIVITIES OF NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. Section 447A of the Public Health Service Act (42 U.S.C. 285f-2) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following subsection: ``(b) Activities under subsection (a) shall include activities to develop a tuberculosis vaccine. Such activities shall be carried out in accordance with the blueprint for tuberculosis vaccine development described in the report prepared pursuant to the workshop convened in March 1998 by the Advisory Council for Elimination of Tuberculosis, the Director of the National Vaccine Program, and the Director of the Institute.''; and (3) in subsection (c) (as so redesignated), in the first sentence-- (A) by striking ``and'' after ``1994,''; and (B) by inserting before the period the following: ``, $240,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008''. SEC. 303. JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES. Section 482 of the Public Health Service Act (42 U.S.C. 287b) is amended-- (1) by inserting ``(a) In General.--'' before ``The general purpose''; (2) in subsection (a) (as so designated), by inserting after ``Health Sciences'' the following: ``(in this subpart referred to as the `Center')''; and (3) by adding at the end the following subsection: ``(b) Tuberculosis.-- ``(1) In general.--In carrying out subsection (a) with respect to tuberculosis, the Center shall expand, intensify, and coordinate international activities of the Center for research and training. ``(2) International training program.--In carrying out paragraph (1), the Center shall carry out an international training program regarding tuberculosis. Such program shall be modeled after the international training program carried out by the Center with respect to the human immunodeficiency virus.''. SEC. 304. LOAN REPAYMENT PROGRAMS REGARDING RESEARCH ON TUBERCULOSIS. Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended-- (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following section: ``loan repayments regarding research on tuberculosis ``Sec. 487H. In carrying out sections 487C, 487E, and 487F, the Secretary shall seek to ensure that, for fiscal year 2004 and subsequent fiscal years, a portion of amounts appropriated to carry out such sections is reserved for the purpose of entering into contracts under which (in accordance with the section involved) individuals will conduct research on tuberculosis.''.

Comprehensive Tuberculosis Elimination Act of 2003 - Amends the Public Health Service Act to prescribe composition requirements for the Advisory Council for the Elimination of Tuberculosis, and direct it to make recommendations on: (1) a national plan to eliminate tuberculosis in the United States; and (2) a plan to guide U.S. involvement in global tuberculosis-control activities, with a focus on high incidence countries and on access to a comprehensive package of tuberculosis control measures.Authorizes the Secretary of Health and Human Services, directly or through grants, to carry out tuberculosis research, demonstration projects, and public information and education programs.Authorizes the Director of the National Heart, Lung, and Blood Institute of the National Institutes of Health (NIH) to make awards: (1) to faculty of schools of medicine or osteopathic medicine to support the development of high quality curricula to assist interested individuals in learning the principles and practices of preventing, managing, and controlling tuberculosis; and (2) to support the career development of clinically trained professionals committed to pulmonary infection research.Requires the National Institute of Allergy and Infectious Diseases of NIH to work to develop a tuberculosis vaccine.Requires the John E. Fogarty International Center for Advanced Study in the Health Sciences to carry out an international training program regarding tuberculosis.Requires the Secretary to ensure that a portion of funds appropriated to repay the education loans of qualified health professionals, researchers from disadvantaged backgrounds, and pediatric researchers is reserved for contracts with individuals who research tuberculosis.

To amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Agricultural Response Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Use of disaster reserve authority to provide disaster assistance to certain producers. Sec. 3. Increase in loan rates for marketing assistance loans for certain crops. Sec. 4. Extension of marketing assistance loans. Sec. 5. Reinstatement of farmer-owned reserve program. Sec. 6. Strategic food reserve of loan commodities. Sec. 7. Improved delivery of Farm Service Agency services at local and area level. Sec. 8. Temporary conservation reserve to respond to disease infestations. Sec. 9. Special crop insurance rules for counties subject to disaster declaration. Sec. 10. Doubling of budget authority and appropriations for direct loan, loan guarantee, and interest rate reduction programs for fiscal year 1999. SEC. 2. USE OF DISASTER RESERVE AUTHORITY TO PROVIDE DISASTER ASSISTANCE TO CERTAIN PRODUCERS. (a) Provision of Assistance.--Section 813(a) of the Agricultural Act of 1970 (7 U.S.C. 1427a(a)) is amended by adding at the end the following: ``The Secretary shall use funds appropriated for the purposes of this section to make cash payments to agricultural producers to augment crop insurance benefits for the purpose of alleviating distress caused by multiple year crop losses.'' (b) Appropriations.--There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $1,200,000,000 for the reserve established under section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a). (c) Designation of Emergency.--The amount appropriated under subsection (b) shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). The entire amount of the funds is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). SEC. 3. INCREASE IN LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS. (a) Wheat.--Subsection (a) of section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for wheat shall be equal to the greater of-- ``(A) 85 percent of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(B) 85 percent of the simple average price received by producers of wheat, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (b) Feed Grains.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate for corn.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for corn shall be equal to the greater of-- ``(A) 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(B) 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (c) Upland Cotton.--Subsection (c)(2) of such section is amended by striking ``or more than $0.5192 per pound''. (d) Extra Long Staple Cotton.--Subsection (d) of such section is amended to read as follows: ``(d) Extra Long Staple Cotton.--The loan rate for a marketing assistance loan under section 131 for extra long staple cotton shall be equal to the greater of-- ``(1) 85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 of the year preceding the year in which the crop is planted, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(2) 85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (e) Rice.--Subsection (e) of such section is amended to read as follows: ``(e) Rice.--The loan rate for a marketing assistance loan under section 131 for rice shall be equal to the greater of-- ``(1) 85 percent of the simple average price received by producers of rice, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of rice, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(2) 85 percent of the simple average price received by producers of rice, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(3) $6.50 per hundredweight.''. (f) Oilseeds.--Subsection (f) of such section is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: ``(1) Soybeans.--The loan rate for a marketing assistance loan under section 131 for soybeans shall be equal to the greater of-- ``(A) 85 percent of the simple average price received by producers of soybeans, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of soybeans, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(B) 85 percent of the simple average price received by producers of soybeans, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period. ``(2) Sunflower seed, canola, rapeseed, safflower, mustard seed, and flaxseed.--The loan rate for a marketing assistance loan under section 131 for sunflower seed, canola, rapeseed, safflower, mustard seed, and flaxseed, individually, shall be equal to the greater of-- ``(A) 85 percent of the simple average price received by producers of such oilseed, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of such oilseed, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; and ``(B) 85 percent of the simple average price received by producers of such oilseed, as determined by the Secretary, during the 1994 through 1998 marketing years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. SEC. 4. EXTENSION OF MARKETING ASSISTANCE LOANS. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extension.--The Secretary may extend the term of marketing assistance loans made to producers under this subtitle for any loan commodity for a 6-month period if the Secretary determines that the extension will promote the orderly delivery of the loan commodity, materially reduce program costs to the Government, or result in a significant improvement in income for producers.''. SEC. 5. REINSTATEMENT OF FARMER-OWNED RESERVE PROGRAM. Section 171(b)(1) of the Agricultural Market Transition Act (7 U.S.C. 7301(b)(1)) is amended by striking subparagraph (E). SEC. 6. STRATEGIC FOOD RESERVE OF LOAN COMMODITIES. Subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) is amended by adding at the end the following new section: ``SEC. 138. STRATEGIC FOOD RESERVE. ``(a) Reserve Required.--The Secretary shall build a reserve stock of a loan commodity whenever prices for that commodity fall below 75 percent of the loan rate for marketing assistance loans for that commodity. ``(b) Methods of Acquisition.--Loan commodities for inclusion in the reserve may be acquired-- ``(1) through purchases-- ``(A) from producers; or ``(B) in the market, if the Secretary determines that the purchases will not unduly disrupt the market; or ``(2) by designation by the Secretary of stocks of loan commodities of the Commodity Credit Corporation. ``(c) Release of Eligible Commodities.--The Secretary may release stocks of a loan commodity in the reserve only when there is such a domestic shortage of the loan commodity that-- ``(1) widespread concern exists about the supply of affordable food for residents of the United States; and ``(2) prices for the commodity exceed 200 percent of the loan rate for marketing assistance loans for the commodity. ``(d) Administration.--To the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section, the Secretary shall use the usual and customary channels, facilities, arrangements, and practices of trade and commerce to release stocks of a loan commodity maintained in the reserve. The Secretary shall administer the release of stocks from the reserve so as to ensure that the prices received by agricultural producers of that commodity are not depressed as a result of the release. ``(e) Limitation on Total Quantity Acquired.--The Secretary may not acquire for inclusion in the reserve more than 25 percent of the average annual production of a loan commodity. ``(f) Management of Commodities.--The Secretary shall provide-- ``(1) for the management of loan commodities in the reserve, including the selection of storage locations; and ``(2) for the periodic rotation or replacement of stocks of loan commodities in the reserve to avoid spoilage and deterioration of the commodities. ``(g) Use of Commodity Credit Corporation.--The funds, facilities, and authorities of the Commodity Credit Corporation shall be used by the Secretary in carrying out this section, except that any restriction applicable to the acquisition, storage, or disposition of commodities owned or controlled by the Commodity Credit Corporation shall not apply.''. SEC. 7. IMPROVED DELIVERY OF FARM SERVICE AGENCY SERVICES AT LOCAL AND AREA LEVEL. (a) Transfer of Funds for Fiscal Year 1999.--To ensure the prompt response of the Farm Service Agency during fiscal year 1999 to requests submitted by producers, the Secretary of Agriculture may transfer to the Farm Service Agency from other appropriations or funds available to the agencies or corporations of the Department of Agriculture an amount equal to not more than 25 percent of the operating budget for that fiscal year of local and area offices of the Farm Service Agency. Amounts transferred under this subsection may be used only for activities at local and area offices of the Farm Service Agency. (b) Subsequent Years.--The Secretary of Agriculture shall include in the materials submitted to Congress in support of the budget request for the Department of Agriculture for each fiscal year a certification that the amount requested for the operation of local and area offices of the Farm Service Agency will be sufficient to meet the expected needs of agricultural producers for services. SEC. 8. TEMPORARY CONSERVATION RESERVE TO RESPOND TO DISEASE INFESTATIONS. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended by inserting after section 1256 the following new section: ``SEC. 1257. THREE-YEAR CONSERVATION RESERVE FOR DISEASED CROPLANDS. ``(a) Reserve Required.--Using the authority provided in subchapter B, the Secretary shall formulate and carry out the enrollment of lands described in subsection (b) in a conservation reserve program through the use of contracts to assist owners and operators of such lands to combat plant diseases that have devastated the lands. ``(b) Eligible Lands.--The Secretary shall include in the program only those croplands that have been devastated by a plant disease for which effective responses are reasonably anticipated within four years, but are otherwise suitable for the production of crops or livestock. ``(c) Term of Contract.--A contract under this section shall have a term of three years.''. SEC. 9. SPECIAL CROP INSURANCE RULES FOR COUNTIES SUBJECT TO DISASTER DECLARATION. (a) Multi-Peril Crop Insurance.--For purposes of administering the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for producers operating in a county described in subsection (c), the Secretary of Agriculture may not-- (1) include the producer in any nonstandard classification list on account of the inclusion of the county in a designated disaster area; or (2) determine, without the consent of the producer, the actual production history of the producer using production records of any crop year during which the county was included in a designated disaster area. (b) Exception.--Subsection (a) shall not apply to a disaster that the Secretary of Agriculture determines is a reoccurring, frequent, and well-known risk of farming in the locale, and the risks cannot reasonably be expected to be controlled or eliminated by crop protection efforts within a 7-year period. (c) Covered Counties.--This section applies with respect to a county that is included in whole or in part in a designated disaster area. (d) Designated Disaster Area Defined.--In this section, the term ``designated disaster area'' means an area-- (1) covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) on account of damaging weather or a related condition in the area; or (2) determined to be a disaster area by the Secretary of Agriculture under subpart A of part 1945 of title 7, Code of Federal Regulations, on account of damaging weather or a related condition in the area. (e) Effective Date.--This section shall apply beginning with the 1999 crop year for each commodity that is grown in a covered county and for which multi-peril crop insurance is generally available in the United States. SEC. 10. DOUBLING OF BUDGET AUTHORITY AND APPROPRIATIONS FOR DIRECT LOAN, LOAN GUARANTEE, AND INTEREST RATE REDUCTION PROGRAMS FOR FISCAL YEAR 1999. (a) Budget Authority.-- (1) Direct loan and loan guarantee programs.--Section 346(b)(1)(D) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)(D)) is amended by striking ``$3,325,000,000'', ``$585,000,000'', ``$85,000,000'', ``$500,000,000'', $2,740,000,000'', ``$690,000,000'', and ``$2,050,000,000'' and inserting ``$6,650,000'', ``$1,170,000,000'', ``$170,000,000'', ``$1,000,000,000'', ``$5,480,000,000'', ``$1,380,000,000'', and ``$4,100,000,000'', respectively. (2) Interest rate reduction program.--Section 351 of such Act (7 U.S.C. 1999) is amended-- (A) in subsection (c), by striking ``4'' and inserting ``8''; and (B) in subsection (e)(2), by striking ``$490,000,000'' and inserting ``$980,000,000''. (b) Appropriations.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for the fiscal year ending September 30, 1999: (1) For gross obligations for the principal amount of direct and guaranteed loans as authorized by sections 308 and 309 of the Consolidated Farm and Rural Development Act, to be available from funds in the Agricultural Credit Insurance Fund, as follows: (A) Farm ownership loans, $1,021,298,000, of which $850,000,000 shall be for guaranteed loans. (B) Operating loans, $3,576,756,000, of which $1,985,812,000 shall be for unsubsidized guaranteed loans and $470,000,000 shall be for subsidized guaranteed loans. (2) For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: (A) Farm ownership loans, $39,160,000, of which $13,516,000 shall be for guaranteed loans. (B) Operating loans, $140,674,000, of which $23,036,000 shall be for unsubsidized guaranteed loans and $41,078,000 shall be for subsidized guaranteed loans.

Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation. (Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions. (Sec. 5) Repeals the temporary suspension of the farmer owned reserve program. (Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate. (Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services. (Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands. (Sec. 9) Sets forth specified crop insurance rules for disaster- designated counties. (Sec. 10) Amends the Consolidated Farm and Rural Development Act to increase FY 1999 budget authority and appropriations for direct loan, loan guarantee, and interest rate reduction programs.

Emergency Agricultural Response Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Our Patriotic Businesses Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) From September 2001 through November 2004, approximately 410,000 members of the reserve components of the Armed Forces, including the National Guard and Reserves, have been mobilized in support of United States military operations. (2) According to 2004 data from the Manpower Data Center of the Department of Defense, an estimated 35 percent of Guard members and Reservists are either self-employed or own or are employed by a small business. (3) The majority of privately employed National Guard and Reserve members either work for a small business or are self- employed. (4) As a result of activations, many small businesses have been forced to go without their owners and key personnel for months, and sometimes years, on end. (5) The effects have been devastating to such patriotic small businesses. (6) The Office of Veterans Business Development of the Small Business Administration has made a concerted effort to reach out to small businesses affected by deployments, but given the sheer numbers of those deployed, their resources have been stretched thin. (7) In addition, the Office of Veterans Business Development has been required to broaden its delivery of services, as directed by Executive Order 13360, to provide procurement training programs for service-disabled veterans. (8) This Act will help to stem the effects of National Guard and Reservist deployments on small businesses, and better assist veterans and service-disabled veterans with their business needs. SEC. 3. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS DEVELOPMENT. There is authorized to be appropriated to the Office of Veterans Business Development of the Small Business Administration, and to remain available until expended-- (1) $2,000,000 for fiscal year 2006; (2) $2,100,000 for fiscal year 2007; and (3) $2,200,000 for fiscal year 2008. SEC. 4. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS. (a) Assumption of Duties.--Section 33 of the Small Business Act (15 U.S.C. 657c) is amended-- (1) by striking subsection (h); and (2) by redesignating subsections (i) through (k) as subsections (h) through (j), respectively. (b) Permanent Extension of Authority.--Section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking subsection (h). SEC. 5. PROFESSIONAL AND OCCUPATIONAL LICENSING. (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 707. CONTINUING EDUCATION REQUIREMENTS FOR PROFESSIONAL AND OCCUPATIONAL LICENSES. ``(a) Applicability.--This section applies to any servicemember who, after the date of enactment of this section, is ordered to active duty (other than for training) pursuant to section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10, United States Code, or who is ordered to active duty under section 12301(d) of such title, during a period when members are on active duty pursuant to any such section. ``(b) Continuing Education Requirements.--A servicemember described in subsection (a) may not be required to complete the satisfaction of any continuing education requirements imposed with respect to the profession or occupation of the servicemember that accrue during the period of active duty of the servicemember as described in that subsection-- ``(1) during such period of active duty; and ``(2) during the 120-day period beginning on the date of the release of the servicemember from such period of active duty. ``(c) Active Duty Defined.--In this section, the term `active duty' has the meaning given that term in section 101(d) of title 10, United States Code.''. (b) Clerical Amendment.--The table of contents for such Act is amended by adding at the end the following new item: ``Sec. 707. Continuing education requirements for professional and occupational licenses.''. SEC. 6. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL BUSINESSES. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended by adding at the end the following: ``(5) Relief from time limitations.-- ``(A) In general.--Any time limitation on any qualification, certification, or period of participation imposed under this Act on any program available to small business concerns shall be extended for a small business concern that-- ``(i) is owned and controlled by-- ``(I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States, on or after September 11, 2001; or ``(II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active miliary, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after September 11, 2001; and ``(ii) was subject to the time limitation during such period of active duty. ``(B) Duration.--Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.''. SEC. 7. COUNSELING OF MEMBERS OF THE NATIONAL GUARD AND RESERVES ON NOTIFICATION OF EMPLOYERS REGARDING MOBILIZATION. (a) Counseling Required.--The Secretary of each military department shall provide each member of a reserve component of the Armed Forces under the jurisdiction of the Secretary who is on active duty for a period of more than 30 days, or on the reserve active-status list, counseling on the importance of notifying such member's employer on a timely basis of any call or order of such member to active duty other than for training. (b) Frequency of Counseling.--Each member of the Armed Forces described in subsection (a) shall be provided the counseling required by that subsection not less often than once each year. SEC. 8. STUDY ON OPTIONS FOR IMPROVING TIMELY NOTICE OF EMPLOYERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVES REGARDING MOBILIZATION. (a) Study Required.-- (1) In general.--The Secretary of Defense shall conduct a study of the feasibility and advisability of various options for improving the time in which employers of members of the reserve components of the Armed Forces are notified of the call or order of such members to active duty other than for training. (2) Purpose.--The purpose of the study under paragraph (1) shall be to identify mechanisms, if any, for eliminating or reducing the time between-- (A) the date of the call or order of members of the reserve components of the Armed Forces to active duty; and (B) the date on which employers of such members are notified of the call or order of such members to active duty. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). The report shall include-- (1) a description of the study, including the options addressed under the study; and (2) such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the study. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Armed Services and Small Business and Entrepreneurship of the Senate; and (2) the Committees on Armed Services and Small Business of the House of Representatives.

Supporting Our Patriotic Businesses Act of 2005 - Authorizes appropriations for the Small Business Administration's (SBA) Office of Veteran Business Development. Amends the Veterans Entrepreneurship and Small Business Development Act of 1999 to permanently extend the authority and duties of the SBA's Advisory Committee on Veterans Business Affairs. Amends the Servicemembers Civil Relief Act to exempt service members called to active duty from professional or occupational continuing education requirements while they are called up, or within the 120-day period after active duty release. Amends the Small Business Act to allow small businesses owned by veterans and service-disabled veterans to extend their SBA program participation time limitations by the length of time of active duty. Requires the Secretary of each military department to take measures to counsel Guard and Reserve members about the importance of timely notifying their employers after they receive active duty orders (other than training).

A bill to provide additional relief for small business owners ordered to active duty as members of reserve components of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Bay Water Reuse Program Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a member agency of the North Bay Water Reuse Authority of the State located in the North San Pablo Bay watershed in-- (A) Marin County; (B) Napa County; (C) Solano County; or (D) Sonoma County. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of California. (4) Water reclamation and reuse project.--The term ``water reclamation and reuse project'' means a project carried out by the Secretary and an eligible entity in the North San Pablo Bay watershed relating to-- (A) water quality improvement; (B) wastewater treatment; (C) water reclamation and reuse; (D) groundwater recharge and protection; (E) surface water augmentation; or (F) other related improvements. SEC. 3. NORTH BAY WATER REUSE PROGRAM. (a) In General.--The Secretary, acting through a cooperative agreement with the State or a subdivision of a State, may offer to enter into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse projects. (b) Coordination With Other Federal Agencies.--In carrying out this section, the Secretary and the eligible entity shall, to the maximum extent practicable, use the design work and environmental evaluations initiated by-- (1) non-Federal entities; and (2) the Corps of Engineers in the San Pablo Bay Watershed of the State. (c) Cooperative Agreement.-- (1) Requirements.--A cooperative agreement entered into under paragraph (1) shall, at a minimum, specify the responsibilities of the Secretary and the eligible entity with respect to-- (A) ensuring that the cost-share requirements established by subsection (e) are met; (B) completing-- (i) a needs assessment for the water reclamation and reuse project; and (ii) the planning and final design of the water reclamation and reuse project; (C) any environmental compliance activity required for the water reclamation and reuse project; (D) the construction of facilities for the water reclamation and reuse project; and (E) administrating any contract relating to the construction of the water reclamation and reuse project. (2) Phased project.-- (A) In general.--A cooperative agreement described in paragraph (1) shall require that any water reclamation and reuse project carried out under this section shall consist of 2 phases. (B) First phase.--During the first phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the main treatment and main conveyance system of the water reclamation and reuse project. (C) Second phase.--During the second phase, the Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems of the water reclamation and reuse project. (d) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to an eligible entity to assist in planning, designing, conducting related preconstruction activities for, and constructing a water reclamation and reuse project. (2) Use.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under this section. (e) Cost-Sharing Requirement.-- (1) Federal share.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 25 percent of the total cost of a water reclamation and reuse project. (2) Form of non-federal share.--The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including-- (A) reasonable costs incurred by the eligible entity relating to the planning, design, and construction of the water reclamation and reuse project; and (B) the fair-market value of land that is-- (i) used for planning, design, and construction of the water reclamation and reuse project facilities; and (ii) owned by an eligible entity. (f) Operation, Maintenance, and Replacement Costs.-- (1) In general.--The eligible entity shall be responsible for the annual operation, maintenance, and replacement costs associated with the water reclamation and reuse project. (2) Operation, maintenance, and replacement plan.--The eligible entity, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan for the water reclamation and reuse project. (g) Effect.--Nothing in this Act-- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal right to-- (A) the water of a stream; or (B) any groundwater resource. (h) Authorization of Appropriations.--There is authorized to be appropriated for the Federal share of the total cost of the first phase of water reclamation and reuse projects carried out under this Act, an amount not to exceed 25 percent of the total cost of those reclamation and reuse projects or $25,000,000, whichever is less, to remain available until expended.

North Bay Water Reuse Program Act of 2006 - Authorizes the Secretary of the Interior to offer to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties, California, for the planning, design, and construction of water reclamation and reuse projects. Directs the Secretary and such an entity to use the design work and environmental evaluations initiated by non-federal entities and the Corps of Engineers in that watershed to the maximum extent practicable. Requires such an agreement to specify the responsibilities of the Secretary and the entity regarding: (1) cost-share requirements; (2) needs assessment and project planning and design; (3) environmental compliance activity; (4) facilities construction; and (5) construction contract administration. Requires that any such project consist of two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance system; and (2) the sub-regional distribution systems. Authorizes the Secretary to provide financial and technical assistance to an entity in planning, designing, conducting related pre-construction activities for, and constructing a project. Makes the entity responsible for the annual operation, maintenance, and replacement costs of the project. Requires the entity to develop an operation, maintenance, and replacement plan for the project.

To authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Faster Care for Veterans Act of 2016''. SEC. 2. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Pilot Program.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program under which veterans use an Internet website or mobile application to schedule and confirm medical appointments at medical facilities of the Department of Veterans Affairs. (b) Selection of Locations.--The Secretary shall select not less than three Veterans Integrated Services Networks in which to carry out the pilot program under subsection (a). (c) Contracts.-- (1) Authority.--The Secretary shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability described in subsection (a). (2) Notice of competition.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in section 3(a). (3) Selection.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to one or more contractors pursuant to the request for proposals under paragraph (2). (d) Duration of Pilot Program.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall carry out the pilot program under subsection (a) for an 18-month period. (2) Extension.--The Secretary may extend the duration of the pilot program under subsection (a), and may expand the selection of Veterans Integrated Services Networks under subsection (b), if the Secretary determines that the pilot program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. (e) Mobile Application Defined.--In this section, the term ``mobile application'' means a software program that runs on the operating system of a cellular telephone, tablet computer, or similar portable computing device that transmits data over a wireless connection. SEC. 3. CAPABILITIES OF PATIENT SELF-SCHEDULING APPOINTMENT SYSTEM. (a) Minimum Capabilities.--The Secretary of Veterans Affairs shall ensure that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes, at a minimum, the following capabilities: (1) Capability to schedule, modify, and cancel appointments for primary care, specialty care, and mental health. (2) Capability to support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services. (3) Capability to view appointment availability in real time. (4) Capability to make available, in real time, appointments that were previously filled but later cancelled by other patients. (5) Capability to provide prompts or reminders to veterans to schedule follow-up appointments. (6) Capability to be used 24 hours per day, 7 days per week. (7) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department, or such successor information technology system. (b) Independent Validation and Verification.-- (1) Independent entity.-- (A) The Secretary shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the patient self- scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, includes the capabilities specified in subsection (a). (B) Each independent validation and verification conducted under subparagraph (A) shall be completed as follows: (i) With respect to the validation and verification of the patient self-scheduling appointment system used in the pilot program under section 2, by not later than 60 days after the date on which such pilot program commences. (ii) With respect to any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs, by not later than 60 days after the date on which such system is deployed, regardless of whether such deployment is on a limited basis, but not including any deployments for testing purposes. (2) GAO evaluation.-- (A) The Comptroller General of the United States shall evaluate each validation and verification conducted under paragraph (1). (B) Not later than 30 days after the date on which the Comptroller General completes an evaluation under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on such evaluation. (C) In this paragraph, the term ``appropriate congressional committees'' means-- (i) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and (ii) the Committees on Appropriations of the House of Representatives and the Senate. (c) Certification.-- (1) Capabilities included.--Not later than December 31, 2017, the Secretary shall certify to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the patient self-scheduling appointment system used in the pilot program under section 2, and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs as of the date of the certification, includes the capabilities specified in subsection (a). (2) New systems.--If the Secretary develops or begins using a new patient self-scheduling appointment system that is not covered by a certification made under paragraph (1), the Secretary shall certify to such committees that such new system includes the capabilities specified in subsection (a) by not later than 30 days after the date on which the Secretary determines to replace the previous patient self-scheduling appointment system. (3) Effect of capabilities not included.--If the Secretary does not make a timely certification under paragraph (1) or paragraph (2), the Secretary shall replace any patient self-scheduling appointment system developed by the Secretary that is in use with a commercially available, off-the-shelf online patient self- scheduling system that includes the capabilities specified in subsection (a). SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. 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 6, 2016. Faster Care for Veterans Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to begin an 18-month pilot program in at least three Veterans Integrated Service Networks (VISNs) under which veterans use an Internet website or mobile application to schedule and confirm appointments at VA medical facilities.The program's duration may be extended and the number of VISNs may be increased if the VA determines that the program is reducing the wait times of veterans seeking medical care and ensuring that more available appointment times are filled. The VA shall seek to enter into a contract using competitive procedures with one or more contractors to provide the scheduling capability. The VA's request for proposals shall be open to any contractor that has an existing commercially available, off-the-shelf online patient self-scheduling system that includes the capabilities to: schedule, modify, and cancel appointments for primary care, specialty care, and mental health; support appointments for the provision of health care regardless of whether such care is provided in person or through telehealth services; view appointment availability in real time; make available, in real time, appointments that were previously filled but later cancelled by other patients; provide prompts or reminders to veterans to schedule follow-up appointments; be used 24 hours per day, 7 days per week; and integrate with the Veterans Health Information Systems and Technology Architecture of the VA. The VA shall seek to enter into an agreement with an appropriate non-governmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the system used in the program and any other patient self-scheduling appointment system developed or used by the VA includes such capabilities. The bill sets deadlines for the validation and verification of such systems. The Government Accountability Office shall evaluate and report to specified congressional committees on each validation and verification conducted. By December 31, 2017, the VA shall certify to the Committees on Veterans' Affairs that such systems include such capabilities. If the VA develops or begins using a new patient self-scheduling appointment system that is not covered by such certification, it shall: (1) certify that such new system includes such capabilities by 30 days after it makes the determination to replace the previous system, or (2) replace any such system developed that is in use with a commercially available, off-the-shelf online patient self-scheduling system that includes the specified capabilities.

Faster Care for Veterans Act of 2016

short title Section 1. This Act may be cited as the ``Government Shutdown Prevention Act''. continuing funding Sec. 2. (a) If any regular appropriation bill for fiscal year 1998 does not become law prior to the beginning of fiscal year 1998 or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in fiscal year 1997. (b) Appropriations and funds made available, and authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be at 100 per cent of the rate of operations that was provided for the program, project, or activity in fiscal year 1997 in the corresponding regular appropriation Act for fiscal year 1997. (c) Appropriations and funds made available, and authority granted, for fiscal year 1998 pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for fiscal year 1998 becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of fiscal year 1998. terms and conditions Sec. 3. (a) An appropriation of funds made available, or authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriation Act for fiscal year 1997, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1997 or authority granted for the program, project, or activity under current law. (b) Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (c) Notwithstanding any other provision of law, whenever the rate for operations for any continuing project or activity would result in a furlough or a reduction-in-force of Government employees, that rate for operations shall be increased to a level that would preclude a furlough or reduction-in-force. coverage Sec. 4. Appropriations and funds made available, and authority granted, for any program, project, or activity for fiscal year 1998 pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of fiscal year 1998 for which this Act applies to that program, project, or activity. expenditures Sec. 5. Expenditures made for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of fiscal year 1998 providing for that program, project, or activity for that period becomes law. initiating or resuming a program, project, or activity Sec. 6. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1997. protection of other obligations Sec. 7. Nothing in this Act shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. definition Sec. 8. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1997) in the absence of regular appropriations for FY 1998. Requires increases in the rate of operations as necessary to preclude furloughs or reductions-in-force.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ravi Thackurdeen Safe Students Study Abroad Act''. SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD. (a) Reporting of Crime Statistics.--Paragraph (12) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (3) by adding at the end the following: ``(E) while a student is participating in a program of study abroad approved for credit by an institution of higher education, distinguished by whether the criminal offense occurred at a location described in subparagraph (A), (B), (C), or (D), or at another location, without regard to whether the institution owns or controls a building or property at such location.''. (b) Additional Reporting for Programs of Study Abroad.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by redesignating paragraph (18) as paragraph (19); and (2) by inserting after paragraph (17), the following new paragraph: ``(18)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1), a statement that the institution has adopted and implemented a program to protect students participating in a program of study abroad approved for credit by the institution from crime and harm while participating in such program of study abroad that, at a minimum, includes the following: ``(i) A biennial review by the institution of the programs of study abroad approved for credit by the institution to determine-- ``(I) the effectiveness of the programs at protecting students from crime and harm, and whether changes to the programs are needed (based on the most recent guidance or other assistance from the Secretary) and will be implemented; ``(II) for the 10 years preceding the date of the report, the number (in the aggregate for all programs of study abroad approved for credit by the institution) of-- ``(aa) deaths of program participants resulting during program participation; ``(bb) accidents and illnesses occurring during program participation that resulted in hospitalization; ``(cc) sexual assaults against program participants occurring during program participation; and ``(dd) incidents involving program participants during the program participation that resulted in police involvement or a police report; and ``(III) with respect to the incidents described in items (aa) through (dd) of subclause (II), whether the incidents occurred-- ``(aa) on campus; ``(bb) in or on a noncampus building or property; ``(cc) on public property; ``(dd) in dormitories or other residential facilities for students; or ``(ee) at a location not described in items (aa) through (dd) of this subclause, without regard to whether the institution owns or controls a building or property at the location. ``(ii) The crime statistics described in paragraph (12)(E). ``(B) An institution of higher education described in subparagraph (A) shall-- ``(i) provide each student who is interested in participating in a program of study abroad approved for credit by the institution, with a pre-trip orientation session and advising that includes-- ``(I) a list of countries in which such programs of study abroad are located; ``(II) all current travel information, including all travel warnings and travel alerts, issued by the Bureau of Consular Affairs of the Department of State for such countries; and ``(III) the information described in clauses (i) and (ii) of subparagraph (A), provided specifically for each program of study abroad approved for credit by the institution in which the student is considering participation; and ``(ii) provide each student who returns from such a program of study abroad with a post-trip orientation session, including an exit interview that assists the institution in carrying out subparagraph (A) and clause (i) of this subparagraph. ``(C) An institution of higher education shall not disaggregate or otherwise distinguish information for purposes of subparagraph (A) or (B) in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. ``(D) The Secretary shall periodically review a representative sample of the programs described in subparagraph (A) that have been adopted and implemented by institutions of higher education to protect students participating in a program of study abroad described in subparagraph (A) from crime and harm while participating in such program of study abroad.''.

Ravi Thackurdeen Safe Students Study Abroad Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify campus security reporting requirements for an institution of higher education (IHE) that participates in federal student aid programs. Currently, an IHE must annually report data to the Department of Education on certain criminal offenses that occur in the following geographic categories: on campus, on campus in a residential facility, on noncampus property, and on public property. This bill expands the geographic categories of reportable offenses to also include crimes that occur while a student is participating in an approved study abroad program. Additionally, it requires an IHE to develop and distribute, as part of its annual security report provided to students and employees, a statement that it has adopted and implemented a program to protect students participating in an approved study abroad program from crime and harm.

Ravi Thackurdeen Safe Students Study Abroad Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Affordable Drugs Act of 2004''. SEC. 2. ELIMINATION OF DISCRIMINATORY TREATMENT OF EMPLOYER PLANS. (a) Elimination of True Out-of-Pocket Limitation.--Section 1860D- 2(b)(4)(C) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended to read as follows: ``(C) Application.--In applying subparagraph (A), incurred costs shall only include costs incurred with respect to covered part D drugs for the annual deductible described in paragraph (1), for cost-sharing described in paragraph (2), and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3).''. (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. SEC. 3. DIRECT SUBSIDY FOR CERTAIN STATE PHARMACEUTICAL ASSISTANCE PROGRAMS Part D of title XVIII of the Social Security Act (as so added) is amended by inserting after section 1860D-23 the following: ``direct subsidies for certain state pharmaceutical assistance programs ``Sec. 1860D-23A. (a) Direct Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each individual who is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in such program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be an amount equal to the special subsidy payment amount determined under section 1860D- 22(a)(3) for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree prescription drug plan. ``(b) Additional Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each applicable low-income individual enrolled in the program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be the amount the Secretary estimates would have been made to a prescription drug plan or MA-PD plan under section 1860D-14 with respect to the applicable low-income individual if such individual was enrolled in such a plan. ``(B) Maximum payments.--In no case may the amount of the payment determined under subparagraph (A) with respect to an applicable low-income individual exceed, as estimated by the Secretary, the average amount paid in a year under section 1860D-14 on behalf of a subsidy eligible individual (as defined in section 1860D- 14(a)(3)(A)) with income that is the same as the income of the applicable low-income individual. ``(3) Applicable low-income individual.--For purposes of this subsection, the term `applicable low-income individual' means an individual who-- ``(A) is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in a State pharmaceutical assistance program described in section 1860D-23(b)(1); and ``(B) would be a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) if the individual were enrolled in such a plan. ``(c) Payment Methods.-- ``(1) In general.--Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary's best estimate of amounts that will be payable after obtaining all of the information. ``(2) Source of payments.--Payments under this section shall be made from the Medicare Prescription Drug Account. ``(d) Construction.--Nothing in this section, section 1860D-23, or section 1860D-24 shall be construed as requiring a prescription drug plan or MA-PD plan to coordinate coverage provided under such plan with coverage provided under a State pharmaceutical assistance program described in section 1860D-23(b)(1) that is operated by a State which receives a payment under this section.''. SEC. 4. FACILITATION OF COORDINATION. Section 1860D-24(c)(1) of the Social Security Act (as so added) is amended by striking ``all methods of operation'' and inserting ``its own methods of operation, except that a PDP sponsor or MA organization may not require a State Pharmaceutical Assistance Program or an RX plan described in subsection (b) to apply such tools when coordinating benefits''. SEC. 5. ALLOWING MEDICAID WRAP. Section 1935(d) of the Social Security Act, as added by section 103(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. SEC. 6. REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM. Effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), subtitle E of title II of such Act is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 7. PROVISION OF WRAP-AROUND PRESCRIPTION DRUG COVERAGE THROUGH MEDIGAP. Section 1882(v) of the Social Security Act (42 U.S.C. 1395ss(v)), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended as follows: (1) In paragraph (1)(A), by inserting ``, other than such a policy that provides wrap-around prescription drug coverage included within a range of such coverage approved under subparagraph (D)(ii),'' after ``paragraph (6)(A))''. (2) Add at the end of paragraph (1) the following new subparagraph: ``(D) Wrap-around prescription drug coverage.-- ``(i) In general.--Notwithstanding any other provision of this subsection, a medigap Rx policy that provides wrap-around prescription drug coverage included within a range of such coverage approved by the Secretary under clause (ii) may be offered to part D enrollees. ``(ii) Development of standards.--The Secretary shall approve a range of wrap-around prescription drug coverage that may be offered under this subparagraph to part D enrollees.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Preserving Access to Affordable Drugs Act of 2004 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) allow employer contributions on drug costs to count towards the catastrophic limit; and (2) provide for direct subsidies for certain State pharmaceutical assistance programs. Directs the Secretary of Health and Human Services to ensure that employer-based plans receive the same subsidization as the Medicare prescription drug plans. Amends SSA title XIX (Medicaid), as amended by the Medicare Prescription Drug Improvement, and Modernization Act of 2003, to ensure that States can provide supplemental Medicaid prescription drug coverage to complement the Medicare drug benefit for seniors who are dually eligible for Medicare and Medicaid. Repeals the comparative cost adjustment program under Medicare. Amends SSA title XVIII part D, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to allow the provision of wrap-around prescription drug coverage through Medigap.

To amend part D of title XVIII of the Social Security Act to improve the coordination of prescription drug coverage provided under retiree plans and State pharmaceutical assistance programs with the prescription drug benefit provided under the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Abuse, Violence, and Exploitation of Elders Act of 2012'' or the ``SAVE Elders Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The population of individuals age 65 or older in the United States is growing and is estimated to reach \1/5\ of the total population of the United States by the year 2030. (2) According to a 2011 report by the Government Accountability Office, during a recent year, 1 out of every 7 older individuals living in a home or community-based setting experienced some form of elder abuse. (3) According to a report by the Bureau of Justice Statistics, ``Criminal Victimization in the United States, 2008'', 54 percent of crimes involving victims age 65 or older are unreported. (4) The Crime Victims Fund, which was established to support victims of crime-- (A) is funded by the proceeds of forfeited bonds, criminal penalty assessments, and fines collected from persons convicted of offenses against the United States; and (B) does not receive funds from taxpayers in the United States. (5) No amounts are specifically allocated from the Crime Victims Fund to individuals age 65 or older who experience victimization in the form of abuse, neglect, or exploitation. (6) The Government Accountability Office estimates that elder abuse investigations by Adult Protect Services in 33 States may increase by 28 percent by the year 2020. (7) The Federal Government and State governments use varying definitions of the term ``elder abuse''. The definition of ``elder abuse'' used by a State government is recognized as the primary definition to ensure consistent administration of existing and future elder abuse programs by the State. SEC. 3. AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984. (a) Crime Victims Fund.-- (1) In general.--Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is amended-- (A) by redesignating paragraph (2) as paragraph (1); and (B) by inserting after paragraph (1), as so redesignated, the following: ``(2)(A) Subject to subparagraph (C), for each fiscal year in which the obligation limitation is greater than the obligation limitation for fiscal year 2012, the first $20,000,000 made available for obligation in the fiscal year after the amount equal to the obligation limitation for fiscal year 2012 is made available shall be available for grants under section 1404F. ``(B)(i) Subject to subparagraph (C), in any fiscal year in which an amount less than $20,000,000, or no amount, is made available under subparagraph (A) for grants under section 1404F, and the amount available in the Fund is greater than the obligation limitation for the fiscal year, the amount described in clause (ii) shall be deposited into an elder abuse reserve fund and shall be available to make grants under section 1404F. ``(ii) The amount described in this clause is an amount that is the lesser of-- ``(I) the difference between-- ``(aa) $20,000,000; and ``(bb) the amount made available under subparagraph (A) for grants under section 1404F in the fiscal year; and ``(II) the limitation surplus for the fiscal year. ``(iii) The Director may carry over amounts in the elder abuse reserve fund established under clause (i) from fiscal year to fiscal year. ``(iv) Amounts in the elder abuse reserve fund established under clause (i) shall not be subject to the obligation limitation. ``(C) The sum of the amounts made available under subparagraphs (A) and (B) for grants under section 1404F in a fiscal year shall be not more than $20,000,000. ``(D) For purposes of this paragraph-- ``(i) the term `obligation limitation' means the amount in the Fund that is made available for obligation in a fiscal year under the applicable appropriations act; and ``(ii) the term `limitation surplus' means, with respect to a fiscal year, the amount that is equal to the difference between-- ``(I) the amount available in the Fund; and ``(II) the obligation limitation for the fiscal year.''. (2) Technical and conforming amendments.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended-- (A) in section 1402-- (i) in subsection (d)-- (I) in paragraph (3), by striking ``paragraph (2)'' and inserting ``paragraphs (1) and (2)''; and (II) in paragraph (5)(A)-- (aa) in the first sentence, by inserting ``(1),'' before ``(2)''; and (bb) in the second sentence, by inserting ``(1),'' before ``(2)''; and (ii) in subsection (g)-- (I) in paragraph (1), in the matter preceding subparagraph (A), by striking ``(d)(2)'' and inserting ``(d)(1)''; and (II) in paragraph (2), by striking ``(d)(2)'' and inserting ``(d)(1)''; (B) in section 1404(a)(1), by striking ``1402(d)(2)'' and inserting ``1402(d)(4)''; and (C) in section 1404A, in the first sentence, by striking ``1402(d)(2)'' and inserting ``1402(d)(1)''. (3) Sense of congress.--It is the sense of Congress that-- (A) in establishing the maximum amount available for obligation during a fiscal year in the Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601), the maximum should be increased by the amount described in such section 1402(d)(2)(A), as amended by paragraph (1), as compared to the maximum amount that would otherwise be established; or (B) the amount described in paragraph (2)(B) of section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)), as added by paragraph (1), should be made available on an annual basis to be used for compensation and assistance to victims of elder abuse. (b) Compensation and Assistance to Victims of Elder Abuse.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404E (42 U.S.C. 10603e) the following: ``SEC. 1404F. COMPENSATION AND ASSISTANCE TO VICTIMS OF ELDER ABUSE. ``(a) Definitions.--In this section-- ``(1) the term `elder abuse'-- ``(A) means the abuse, exploitation, or neglect, as those terms are defined in section 2011 of the Social Security Act (42 U.S.C. 1397j), of an individual who is-- ``(i) age 65 or older; and ``(ii) lawfully present in the United States; and ``(B) with respect to a State that receives a grant under this section, includes any other conduct not described in subparagraph (A) that is defined as elder abuse under the laws of the State; and ``(2) the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. ``(b) Grants Authorized.-- ``(1) In general.--Subject to paragraph (2), the Director shall use the amounts made available under section 1402(d)(2) to make grants to States to support-- ``(A) eligible crime victim assistance programs, as defined in section 1404(b)(1), that provide assistance to victims of elder abuse; and ``(B) programs that improve the investigation, handling (as defined under the laws of a State), and prosecution of cases of elder abuse. ``(2) State apportionments.-- ``(A) Base amounts.--Of the amounts allocated for grants to States under paragraph (1), the Director shall apportion-- ``(i) 0.5 percent to-- ``(I) each of the several States of the United States; ``(II) the District of Columbia; and ``(III) the Commonwealth of Puerto Rico; ``(ii) 0.25 percent to-- ``(I) Guam; and ``(II) the United States Virgin Islands; and ``(iii) 0.125 percent to-- ``(I) American Samoa; and ``(II) the Northern Mariana Islands. ``(B) Remaining amounts.-- ``(i) In general.--Amounts remaining after apportionment under subparagraph (A) of the amounts allocated under paragraph (1) shall be apportioned among the States according to a formula established by the Director. ``(ii) Formula.--The formula described in clause (i) shall be based on the following factors: ``(I) The population of individuals age 65 or older in a State in relation to the population of individuals age 65 or older in all States. ``(II) The population of individuals age 65 or older in a State in relation to the population of the State. ``(III) The overall rate of crime in a State, as determined by the Bureau of the Census. ``(3) Federal share.--The Federal share of the cost of a program carried out by one of the several States, the District of Columbia, or the Commonwealth of Puerto Rico using a grant under this section may not exceed 80 percent. ``(c) Biennial Report.--The Attorney General, acting through the Director, shall submit to Congress a biennial report on-- ``(1) the use of funds made available under section 1402(d)(2) during each of the 2 preceding fiscal years; and ``(2) the administration of this section, including-- ``(A) a complete and detailed analysis of-- ``(i) the manner in which each State that receives amounts under this section has distributed the amounts; and ``(ii) significant problems, if any, in carrying out this section; and ``(B) recommendations for legislation to remedy the problems, if any, identified under subparagraph (A)(ii).''.

Stop Abuse, Violence, and Exploitation of Elders Act of 2012 or the SAVE Elders Act of 2012 - Amends the Victims of Crime Act of 1984 to designate specified funds from the Crime Victims Fund for grants for compensation and assistance to victims of elder abuse. Defines "elder abuse" under that Act: (1) to mean the abuse, exploitation, or neglect of an individual who is age 65 or older and lawfully present in the United States; and (2) with respect to a state that receives a grant, to include any other conduct that is defined as such under the laws of the state. Requires the Director of the Office of Victims of Crime to use such funds to make grants to states to support: (1) eligible crime victim assistance programs that provide assistance to victims of elder abuse; and (2) programs that improve the investigation, handling, and prosecution of cases of elder abuse. Apportions specified percentages of grant amounts among the states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands and requires the amounts remaining after such apportionment to be distributed among the states based on: (1) the population of individuals age 65 or older in a state relative to the population of such individuals in all states, (2) the population of individuals age 65 or older in a state in relation to the population of the state, and (3) the overall rate of crime in a state.

A bill to dedicate funds from the Crime Victims Fund to victims of elder abuse, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Volunteer Protection Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. No preemption of State tort law. Sec. 4. Limitation on liability for volunteers. Sec. 5. Certification requirement and adjustment of Social Services Block Grant Program allotments. Sec. 6. Definitions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential personal liability for simple mistakes made in the course of volunteer service; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, local governments, foundations, and other civic programs, have been adversely affected through the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs which depend heavily on volunteer participation, protection of voluntarism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal encouragement of State reform. (b) Purpose.--It is the purpose of this Act to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs and nonprofit organizations and governmental entities which depend on volunteer contributions by encouraging reasonable reform of State laws to provide protection from personal financial liability to volunteers serving with nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. NO PREEMPTION OF STATE TORT LAW. Nothing in this Act shall be construed to preempt the laws of any State governing tort liability actions. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), any volunteer of a nonprofit organization or governmental entity shall incur no personal financial liability for any tort claim alleging damage or injury from any act or omission of the volunteer on behalf of the organization or entity if-- (1) such volunteer was acting in good faith and within the scope of such volunteer's official functions and duties with the organization or entity; and (2) such damage or injury was not caused by willful and wanton misconduct by such volunteer. (b) Concerning Responsibility of Volunteers With Respect to Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to injury caused to any person. (d) Exceptions to Volunteer Liability Protection.--A State may impose one or more of the following conditions on and exceptions to the granting of liability protection to any volunteer of an organization or entity required by subsection (a): (1) The organization or entity must adhere to risk management procedures, including mandatory training of volunteers, as defined by the Secretary of Health and Human Services by regulation. (2) The organization or entity shall be liable for the acts or omissions of its volunteers to the same extent as an employer is liable, under the laws of that State, for the acts or omissions of its employees. (3) The protection from liability does not apply-- (A) if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State involved requires the operator or vehicle owner to maintain insurance; (B) in the case of a suit brought by an appropriate officer of a State or local government to enforce a Federal, State, or local law; and (C) to the extent the claim would be covered under any insurance policy. (4) The protection from liability shall apply only if the organization or entity provides a financially secure source of recovery for individuals who suffer injury as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES BLOCK GRANT PROGRAM ALLOTMENTS. (a) Certification and Block Grant Allotments.--In the case of any State which certifies, not later than 2 years after the date of the enactment of this Act, to the Secretary of Health and Human Services that it has enacted, adopted, or otherwise has in effect State law which substantially complies with section 4(a), the Secretary shall increase by 1 percent the fiscal year allotment which would otherwise be made to such State to carry out the Social Services Block Grant Program under title XX of the Social Security Act. (b) Continuation of Increase.--Any increase made under subsection (a) in an allotment to a State shall remain in effect only if the State makes a certification to the Secretary of Health and Human Services, not later than the end of each 1-year period occurring successively after the end of the 2-year period described in subsection (a), that it has in effect State law which substantially complies with section 4(a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (including reimbursement or allowance for expenses), or (B) any other thing of value in lieu of compensation, in excess of $300, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer; (2) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (3) the term ``damage or injury'' includes physical, nonphysical, economic, and noneconomic damage; and (4) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute declaring its election that this Act not apply. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator's license or maintain insurance. Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act. Prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug. Makes each volunteer liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which that defendant is liable. Requires the trier of fact to determine such percentage of responsibility.

Volunteer Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Neotropical migratory bird populations in nations within the range of neotropical migratory birds have continued to decline to the point that the long-term survival of various species in the wild is in jeopardy. (2) 90 North American bird species are listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973, and 124 species of migratory birds are currently on the United States Fish and Wildlife Service's List of Migratory Nongame Birds of Management Concern. (3) The United States, through 4 bilateral treaties, has responsibility of maintaining healthy populations of 778 species of migratory nongame birds and 58 species of migratory game birds that migrate between the Caribbean, Latin America, and North America. (4) The Government of Mexico presently lists approximately 390 bird species as endangered, threatened, vulnerable, or rare. (5) Healthy bird populations provide important economic benefits, such as control of detrimental insects on agricultural crops, thus preventing the loss of millions of dollars each year to farming and timber interests. (6) Neotropical migratory birds travel across many international borders, therefore the conservation of these species requires that safeguards be established at both the beginning and end of the migration routes, as well as at essential stopover areas along the way. (7) Because the challenges facing the conservation of neotropical migratory birds are so great, resources to date have not been sufficient to cope with continued loss of habitat and the consequent reduction of neotropical migratory bird populations. (8) To reduce, remove, or otherwise effectively address these threats through the long-term viability of populations of neotropical migratory birds in the wild will require the joint commitment and efforts of nations within the range of neotropical migratory birds and the private sector. (9) A Neotropical Migratory Bird Conservation fund would provide much-needed support for projects aimed at protecting critical habitat for declining migratory bird species, in an innovative way that promotes conservation partnerships and cost sharing through joint Federal and non-Federal support mechanisms. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To perpetuate healthy populations of neotropical migratory birds. (2) To assist in the conservation and protection of neotropical migratory birds by supporting conservation initiatives in Canada, Latin America, and the Caribbean. (3) To provide financial resources and to foster international cooperation for those initiatives. SEC. 4. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Neotropical Migratory Bird Conservation Account established by section 9(a). (2) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a species of neotropical migratory bird to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including-- (A) protection and management of neotropical migratory bird populations; (B) maintenance, management, protection, and restoration of neotropical migratory bird habitat; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--The Secretary shall establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds. (b) Project Applicants.--A project proposal may be submitted by-- (1) an individual, corporation, partnership, trust, association, or other private entity; (2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; (3) a State, municipality, or political subdivision of a State; (4) any other entity subject to the jurisdiction of the United States or of any foreign country; and (5) an international organization (as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288)). (c) Project Proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that-- (1) includes-- (A) the name of the individual responsible for the project; (B) a succinct statement of the purposes of the organization that will conduct the project and of the project; (C) a description of the qualifications of individuals conducting the project; and (D) an estimate of the funds and time necessary to complete the project, including sources and amounts of matching funds; (2) demonstrates that the project will enhance the conservation of neotropical migratory bird species in Latin America, the Caribbean, or the United States; (3) includes mechanisms to ensure adequate local public participation in project development and implementation; (4) contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (5) demonstrates sensitivity to local historic and cultural resources and complies with applicable laws; (6) describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory birds; (7) provides any other information that the Secretary considers to be necessary for evaluating the proposal; and (8) provides assurances of the financial viability of the applicant and the project by providing financial information to prove the applicant's ability to complete the project. (d) Project Reporting.--Each recipient of assistance for a project under this Act shall submit to the Secretary such periodic reports as the Secretary considers to be necessary. Each report shall include all information required by the Secretary for evaluating the progress and outcome of the project. (e) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of each project shall be not greater than 33 percent. (2) Non-federal share.-- (A) Source.--The non-Federal share required to be paid for a project shall not be derived from any Federal grant program. (B) Form of payment.--The non-Federal share of the costs of a project carried out with assistance under this Act may be paid in cash or in kind. (f) Purchase of Land Only From Willing Sellers.--Amounts of financial assistance provided under this Act shall not be used to acquire any land or interest in land except from a willing seller. SEC. 6. DUTIES OF THE SECRETARY. In carrying out this Act, the Secretary shall-- (1) develop guidelines for the solicitation of proposals for projects eligible for financial assistance under section 5; (2) encourage submission of proposals for projects eligible for financial assistance under section 5, particularly proposals from relevant wildlife management authorities; (3) select proposals for financial assistance that satisfy the requirements of section 5, giving priority to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by relevant wildlife management authorities; and (4) generally implement this Act in accordance with its purposes. SEC. 7. COOPERATION. (a) In General.--In carrying out this Act, the Secretary shall-- (1) support and coordinate existing efforts to conserve neotropical migratory bird species, through-- (A) facilitating meetings among persons involved in such efforts; (B) promoting the exchange of information among such persons; (C) developing and entering into agreements with other Federal agencies, foreign, State, and local governmental agencies, and nongovernmental organizations; and (D) conducting such other activities as the Secretary considers to be appropriate; and (2) coordinate activities and projects under this Act with existing efforts in order to enhance conservation of neotropical migratory bird species. (b) Advisory Group.-- (1) In general.--The Secretary may establish an advisory group in accordance with this subsection to advise the Secretary regarding the implementation of this Act. (2) Membership.--An advisory group established under this subsection shall consist of individuals who represent public and private organizations that are actively involved in the conservation of neotropical migratory birds. (3) Public participation.-- (A) Meetings.--An advisory group established under this subsection shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting of the advisory group, an opportunity for interested persons to present oral or written statements concerning items on the agenda for the meeting. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (C) Minutes.--The Secretary shall keep and make available to the public minutes of each meeting of the advisory group. (4) Exemption.--The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the establishment and activities of an advisory group in accordance with this subsection. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued in the future. SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Neotropical Migratory Bird Conservation Account'', which shall consist of amounts deposited into the Account by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Account.--The Secretary of the Treasury shall deposit into the Account-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Account. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Account, without further Act of appropriation, to carry out this Act. (2) Administrative expenses.--Of amounts in the Account available for each fiscal year, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this Act. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Account. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Account to carry out this Act $8,000,000 for each of fiscal years 2000 through 2002, to remain available until expended. SEC. 11. PRIVATE PROPERTY. Nothing in this Act shall place restrictions on commercial or private use of private property in the United States, nor shall there be any taking of private land in the United States under this Act.

Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds. Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities; (2) Federal, State, or local government entities or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations. Limits the Federal share of project costs to 33 percent. Prohibits amounts of financial assistance provided under this Act from being used to acquire any land or interest in land except from a willing seller. Authorizes the Secretary to create an advisory group regarding this Act's implementation. Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations. Prohibits: (1) anything under this Act from placing restrictions on commercial or private use of private property in the United States; and (2) any taking of private land in the United States under this Act.

Neotropical Migratory Bird Conservation Act

SECTION 1. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $2,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $5,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $50,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraph (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $100,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas. ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501)). ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.''. (c) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(16) the clean-fuel credit determined under section 45G.''. (d) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G.''. (e) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for clean fuels credit.-- ``(A) In general.--In the case of the clean fuels credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the clean fuels credit). ``(B) Clean fuels credit.--For purposes of this subsection, the term `clean fuels credit' means the credit allowable under subsection (a) by reason of section 45G.''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``or the New York Liberty Zone business employee credit'' and inserting ``, the New York Liberty Zone business employee credit, or the clean fuels credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting ``or the clean fuels credit'' after ``employment credit''. (f) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of clean fuels credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of section 45G.''. (g) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the clean fuels credit determined under section 45G.''. (h) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (i) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2002.

Amends the Internal Revenue Code to establish a limited business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act.

To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Standards Preservation Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The safety of drinking water, and the adequacy of water supplies, is a national concern. In the 29 years since Congress first mandated the establishment of uniform national minimum drinking water standards, national standards have been established for more than 100 contaminants and parameters. (2) The States have been authorized to enforce those standards, and, in appropriate cases, set stricter standards on a statewide basis. (3) It is technologically infeasible for a drinking water system to provide water with a zero level of contaminants, and a determination that drinking water must contain no contaminants would threaten the adequacy of water supplies. (4) The setting of drinking water standards is a complex public policy determination requiring a careful analysis and balancing of a number of factors, including-- (A) the maximum safe level for each drinking water contaminant; (B) the technological capability of removing contaminants from public drinking water supplies; and (C) the importance of assuring that drinking water is affordable to all Americans. (5) The setting of these standards is not appropriate for individual juries deciding individual cases in the separate States, but rather is fundamentally a scientific issue to be resolved by the appropriate Federal and State agencies in accordance with the rulemaking provisions of the Safe Drinking Water Act and the applicable State authorities. (6) Claims for monetary damages brought against public water providers under the common law of the various States based on alleged contamination of drinking water threaten to undermine the science-based uniform national system of water quality regulation. (7) The States should retain maximum flexibility to handle claims for monetary damages brought against public water providers based on alleged contamination of drinking water, including the authority to decide whether such claims should be heard by the courts or an administrative agency. (8) The costs of defending against multiple legal claims can be financially burdensome to any water provider, but especially to small systems, and the imposition of such costs cannot be justified when a supplier complies with the requirements of the Safe Drinking Water Act. SEC. 3. AMENDMENTS TO THE SAFE DRINKING WATER ACT. Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is amended as follows: (1) In subsection (e)-- (A) in the first sentence, by striking ``Nothing'' and inserting ``Except as provided in subsection (f), nothing''; (B) at the end of the first sentence, by striking ``or to seek any other relief''; (C) in the second sentence, by striking ``Nothing'' and inserting ``Except as provided in subsection (f), nothing''; and (D) by inserting after the first sentence the following: ``Nothing in subsection (f) creates a new cause of action, and, except as otherwise explicitly provided in this title, nothing in this title expands liability otherwise imposed or limits any defense otherwise available under Federal or State law.''. (2) By adding the following new subsection at the end thereof: ``(f)(1) No public water system shall be liable in a civil suit brought before any Federal or State court for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water, unless the court determines that the plaintiff has established the following: ``(A) In the case of a regulated contaminant, the plaintiff must establish that each of the following criteria are met: ``(i) The substance in the delivered water which the plaintiff claims caused the injury was subject to a Federal or State regulation prescribed under this Act at the time of delivery. ``(ii) There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains. ``(iii) The public water system violated the regulation referred to in clause (i). ``(iv) The violation was negligent. ``(v) The violation caused the injury. ``(B) In the case of an unregulated contaminant, the plaintiff must establish that each of the following criteria are met: ``(i) The substance in the delivered water which the plaintiff claims caused the injury was not subject to any requirements prescribed under this Act at the time of delivery. ``(ii) There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains. ``(iii) The injury actually was caused by delivery of water that contained such a substance. ``(iv) The public water system knew or should have known that the substance was in the drinking water at such a level and was likely to cause the injury. ``(v) It was feasible for the supplier to have removed such contaminant to a level below which it was not likely to cause such injury. ``(2) The court shall, in a special pretrial proceeding, subject to the requirements of paragraph (3), determine whether the plaintiff has established either that criteria in clauses (i), (ii), and (iii) of paragraph (1)(A) or criteria in clauses (i), (ii), and (v) in paragraph (1)(B) have been met. ``(3) The court, in making the determinations required in paragraphs (1)(A) and (1)(B), shall adopt and give binding effect to any findings of fact, conclusions of law, or determination of any agency of a State exercising primary enforcement authority for purposes of this title. Nothing in this section limits the jurisdiction or authority of any State agency to make findings and determinations with respect to whether-- ``(A) requirements for drinking water quality adequately protect the public; ``(B) additional requirements for regulated or unregulated contaminants are warranted; and ``(C) public water systems are in compliance with such requirements.''.

Drinking Water Standards Preservation Act of 2005 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants. Requires for both regulated and unregulated contaminants that the plaintiff establish that there is substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury. Requires proof: (1) in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury; and (2) in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level. Directs the court to make determinations regarding proof requirements in a special pretrial proceeding and to give binding effect to any findings of fact, conclusions of law, or determinations of State agencies exercising primary enforcement authority.

To amend the Safe Drinking Water Act to provide procedures for claims relating to drinking water.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Mortgage Capital Availability Act of 1993''. SEC. 2. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR TRANSFERS OF MORTGAGE LOANS. (a) Accounting Principles.--The accounting principles applicable to the transfer of a mortgage loan with recourse contained in reports or statements required to be filed with Federal banking agencies by a qualified insured depository institution shall be consistent with generally accepted accounting principles. (b) Capital and Reserve Requirements.--With respect to the transfer of a mortgage loan with recourse that is a sale under generally accepted accounting principles, each qualified insured depository institution shall-- (1) establish and maintain a reserve equal to an amount sufficient to meet the reasonable estimated liability of the institution under the recourse arrangement; and (2) treat as an asset (for purposes of applicable capital standards and other capital measures, including risk-based capital requirements) only the maximum amount at risk under the recourse arrangement. (c) Qualified Institutions Defined.--An insured depository institution is a qualified insured depository institution for purposes of this section if, without regard to the accounting principles or capital requirements referred to in subsections (a) and (b), the institution is-- (1) well capitalized; or (2) with the approval, by regulation or order, of the appropriate Federal banking agency, adequately capitalized. (d) Aggregate Amount of Recourse.--The total outstanding amount at risk with respect to transfers of mortgage loans under subsections (a) and (b) (together with the amount at risk under any provisions of law substantially similar to subsections (a) and (b)) shall not exceed-- (1) the amount which is equal to 15 percent of the risk- based capital of the institution; or (2) such greater amount, as established by the appropriate Federal banking agency by regulation or order. (e) Institutions That Cease To Be Qualified or Exceed Aggregate Limits.--If an insured depository institution ceases to be a qualified insured depository institution or exceeds the limits under subsection (d), this section shall remain applicable to any transfer of mortgage loans that occurred at a time when the institution was qualified and had not exceeded such limit. (f) Prompt Corrective Action not Affected.--The capital of an insured depository institution shall be computed without regard to this section in determining whether the institution is less than well capitalized. (g) Regulations Required.--Before the end of the 180-day period beginning on the date of the enactment of this Act, each appropriate Federal banking agency shall prescribe final regulations implementing this section. (h) Alternative System Permitted.-- (1) In general.--At the discretion of the appropriate Federal banking agency, this section shall not apply if the regulations of the agency provide that the aggregate amount of capital and reserves required with respect to the transfer of mortgage loans with recourse does not exceed the aggregate amount of capital and reserves that would be required under subsection (b). (2) Existing transactions not affected.--Notwithstanding paragraph (1), this section shall remain in effect with respect to transfers of mortgage loans with recourse by qualified insured depository institutions occurring before the effective date of regulations referred to in paragraph (1). (i) Definitions.--The following definitions apply for purposes of this section: (1) Adequately capitalized.--The term ``adequately capitalized'' has the same meaning as in section 38(b) of the Federal Deposit Insurance Act. (2) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Capital standards.--The term ``capital standards'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act. (4) Federal banking agencies.--The term ``Federal banking agencies'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (5) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (6) Other capital measures.--The term ``other capital measures'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act. (7) Recourse.--The term ``recourse'' has the meaning given to such term under generally accepted accounting principles. (8) Mortgage loan.--The term ``mortgage loan'' means any-- (A) note or certificate of interest or participation in a note (including any rights designed to assure servicing of, or the timeliness of receipt by the holders of such notes, certificates, or participation of amounts payable under such notes, certificates or participation) that is principally secured by an interest in real property; or (B) any security (within the meaning of section 8 of the Securities Exchange Act of 1934) that is secured by one or more notes described in subparagraph (A) or certificates of interest or participation in such notes (with or without recourse to issuers thereof) and that, by its terms, provides for payments of principal in relation to payments, or reasonable projections of payments, on notes described in subparagraph (A) or certificates of interest or participation in such notes. (9) Well capitalized.--The term ``well capitalized'' has the same meaning as in section 38(b) of the Federal Deposit Insurance Act. SEC. 3. AMENDMENT TO DEFINITION OF MORTGAGE RELATED SECURITY. Section 3(a)(41)(A)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41)(A)(i)) is amended by inserting before the semicolon ``, or on 1 or more parcels of real estate upon which is located one or more commercial structures''. SEC. 4. AUTHORITY TO EXEMPT COMMERCIAL MORTGAGE RELATED SECURITIES TRANSACTIONS FROM PROHIBITED TRANSACTION RULES. The Secretary of Labor, in consultation with the Secretary of the Treasury, shall exempt, either unconditionally or on stated terms and conditions, transactions involving commercial mortgage related securities (as such term is defined in section 3(a)(41) of the Securities Exchange Act of 1934, as amended by section 3 of this Act) from-- (1) the restrictions of sections 406(a) and 407(a) of the Employee Retirement Income Security Act of 1974; and (2) the taxes imposed under section 4975 of the Internal Revenue Code of 1986. SEC. 5. PROVISIONS TO SAFEGUARD THE INTEGRITY OF THE SECURITIZATION PROCESS, AND THE SAFETY AND SOUNDNESS OF FEDERALLY INSURED INSTITUTIONS. (a) Compliance With Securities Regulations.--Any security relying on the provisions of this Act shall comply with all rules and regulations of Federal securities laws applicable thereto, as determined taking into account the provisions of this Act, including all provisions relating to required disclosure to investors, registrations, reporting and compliance, and all anti-fraud provisions. (b) Treatment of Bank Issued or Purchased Mortgage Backed Securities for Purposes of Minimum Capital Requirements.-- (1) Mortgages held by bank to back securities.--If an issue of securities backed by mortgage loans represents a liability on the balance sheet of an insured depository institution and the assets backing such obligation represent assets on the balance sheet of such institution, the institution shall maintain minimum adequate capital with regard to such assets as prescribed by all applicable rules and regulations of the banking agencies with supervisory and examination authority over such institution, as determined taking into account the provisions of this Act. (2) Securities held by bank.--If an insured depository institution purchases a mortgage-related security to which the provisions of this Act apply, the institution shall maintain minimum adequate capital with respect to such security and all other assets as prescribed by all applicable rules and regulations of the banking agencies with supervisory and examination authority over such institution, as determined taking into account the provisions of this Act.

Commercial Mortgage Capital Availability Act of 1993 - Sets forth a regulatory scheme under which qualified insured depository institutions meeting prescribed reserve and capital requirements may execute mortgage loan transfers with a recourse arrangement. Amends the Securities Exchange Act of 1934 to modify the definition of "mortgage related security" to include notes directly secured by a first lien on real estate with commercial structures located upon it (thus bringing such securities within the purview of the Act). Directs the Secretary of Labor to exempt commercial mortgage related securities transactions from: (1) certain restrictions of the Employee Retirement Income Security Act of 1974; and (2) certain taxes imposed under the Internal Revenue Code. Mandates that securities relying on the provisions of this Act comply with all Federal securities laws relating to disclosure to investors, registrations, reporting and anti-fraud provisions. Requires insured depository institutions to maintain the minimum adequate capital prescribed by regulatory banking agencies when executing mortgage backed securities transactions.

Commercial Mortgage Capital Availability Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Net Price Calculator Improvement Act''. SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS. Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)) is amended-- (1) by redesignating paragraph (4) as paragraph (6); (2) in paragraph (2), by inserting before the period ``, and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(B)''; (3) in paragraph (3), by inserting after the first sentence the following: ``Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4).''; and (4) by inserting after paragraph (3) the following: ``(4) Minimum requirements for net price calculators.--Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: ``(A) The link for the calculator-- ``(i) is clearly labeled as a `net price calculator' and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution's website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages); ``(ii) matches in size and font to the other prominent links on the primary menu; and ``(iii) may also be included on the institution's compliance web page, which contains information relating to compliance with Federal, State, and local laws. ``(B) The results screen for the calculator specifies the following information: ``(i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen. ``(ii) Cost of attendance, including-- ``(I) tuition and fees; ``(II) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; ``(III) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and ``(IV) estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. ``(iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid. ``(iv) Percentage of the first-time, full- time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). ``(v) The disclaimer described in paragraph (6). ``(vi) In the case of a calculator that-- ``(I) includes questions to estimate a student's (or prospective student's) eligibility for veterans' education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or ``(II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to information about such benefits. ``(C) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year. ``(5) Prohibition on use of data collected by the net price calculator.--A net price calculator for an institution of higher education shall-- ``(A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; ``(B) in the case of a calculator that requests contact information from users, clearly mark such requests as `optional'; ``(C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and ``(D) clearly state `Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind.'.''. SEC. 3. UNIVERSAL NET PRICE CALCULATOR. Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)), as amended by section 2, is further amended by adding at the end the following: ``(7) Universal net price calculator.-- ``(A) In general.--The Secretary may develop a universal net price calculator that-- ``(i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; ``(ii) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; ``(iii) is developed in consultation with the heads of relevant Federal agencies; and ``(iv) before being finalized and publicly released, is tested in accordance with subparagraph (B). ``(B) Consumer testing.-- ``(i) In general.--If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low- income students, first generation college students, adult students, and prospective students), students' families (including low- income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(ii) Length of consumer testing.--The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i). ``(iii) Use of results.--The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator. ``(iv) Reporting requirement.--Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing. ``(v) Authority to modify.--The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator. ``(8) Report from secretary.--Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, the Secretary shall submit a report to Congress on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families.''.

Net Price Calculator Improvement Act - Amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) Requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. Requires each calculator's results page to include: the individual net price of attending the IHE (the individual net price is calculated like the net price but takes into account the cost of attendance for, and aid available to, the individual student to the extent practicable); the cost of attending the IHE; the estimated total need- and merit-based grant aid from federal, state, and institutional sources that may be available to the individual student; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. Requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. Directs IHEs to populate their calculators with data from not earlier than two academic years prior to the most recent academic year. Requires the calculators to: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, (3) prohibit personally identifiable information from being sold or made available to third parties, and (4) clearly state that any information a user provides is confidential and that the calculator does not store responses or require personal identifying information. Authorizes the Secretary of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator.

Net Price Calculator Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2005''. SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ACTIVITIES ``Sec. 561. Outreach activities: coordination of activities within the Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and ``(2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) It is the purpose of this section to provide for assistance by the Secretary to the States in carrying out programs within their respective jurisdiction that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, so as to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans-related benefits and programs (including State veterans' programs) for which they may be eligible. ``(b) The Secretary shall ensure that, as a condition of the provision of assistance by the Secretary under this section, that such assistance is provided for outreach and assistance under State and county veteran service programs referred to in subsection (a) in locations-- ``(1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or ``(2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). ``(c) The Secretary may enter into cooperative agreements and arrangements with State veterans agencies in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d)(1) The Secretary may make grants to State veterans agencies in order to achieve the following purposes: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A State veterans agency receiving a grant under this subsection shall use the grant amount for purposes described in paragraph (1) by-- ``(A) awarding a portion of such grant amount to local governments of that State that provide veterans outreach services, to be awarded on the basis of the number of veterans residing in the jurisdiction of that local government; ``(B) awarding a portion of such grant amount to local governments in that State seeking to establish a program of outreach services; and ``(C) using the remainder for outreach activities of that State veterans agency. ``(3) No portion of the amount of a grant to a State under this subsection may be used at the State level for the purpose of administering those funds. ``(4) Federal funds provided to a State by a grant under this subsection may not be used to provide more than 50 percent of the total cost of such State and local government activities and shall be used to expand existing outreach programs and services, not to supplant existing State and local funding. The Secretary shall allocate funds to the States for grants under this subsection on the basis of the veteran population of the respective States. ``(5)(A) In a case in which a unit of local government does not have a veteran services program, funds from a grants under this subsection may be used to establish such a program. ``(B) In a case in which a unit of local government does not have such a program and does not seek to establish such a program through assistance from a grant amount under this subsection, the State veterans agency may use funds available under this subsection to provide outreach services for that local government jurisdiction. ``(C) In the case of a State in which State and local government veteran service programs do not seek to receive a grant amount under this subsection, the funds for that State shall be reallocated to those States in which local government veteran service programs exist and have chosen to seek to receive a grant amount under this subsection. ``(6) Funds made available through a grant under this subsection may be used for education and training for State and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. ``(7) In this subsection, the term `State veterans agency' means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. ``Sec. 563. Outreach activities: funding ``(a) Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. ``(b) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). ``Sec. 564. Definition of outreach ``For purposes of this subchapter, the term `outreach' means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. ``Sec. 565. Authorization of appropriations ``There are authorized to be appropriated to the Secretary for the purposes of carrying out this subchapter, including the making of grants under section 562(d) of this title, the amount of $25,000,000 for each of fiscal years 2006, 2007, and 2008.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter iv--outreach activities ``561. Outreach activities: coordination of activities within the Department. ``562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. ``563. Outreach activities: funding. ``564. Definition of outreach. ``565. Authorization of appropriations.''.

Veterans Outreach Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to ensure that state and local outreach assistance is provided in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state veterans agencies for state and local outreach services.

To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Student Loan Interest Rate Hike Act of 2012''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2012,'' and inserting ``and before July 1, 2013,''; and (2) in clause (v), by striking ``and before July 1, 2012,'' and inserting ``and before July 1, 2013,''. SEC. 3. EMPLOYMENT TAX TREATMENT OF PROFESSIONAL SERVICE BUSINESSES. (a) In General.--Section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to specified s corporations.-- ``(A) In general.--In the case of an applicable shareholder who provides substantial services with respect to a professional service business referred to in subparagraph (C) of a specified S corporation-- ``(i) such shareholder shall be treated as engaged in the trade or business of such professional service business with respect to items of income or loss described in section 1366 which are attributable to such business, and ``(ii) such shareholder's net earnings from self-employment shall include such shareholder's pro rata share of such items of income or loss, except that in computing such pro rata share of such items the exceptions provided in subsection (a) shall apply. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary, the applicable shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such applicable shareholder's family (within the meaning of section 318(a)(1)) who does not provide substantial services with respect to such professional service business. ``(C) Specified s corporation.--For purposes of this subsection, the term `specified S corporation' means-- ``(i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation which is engaged in a professional service business if 75 percent or more of the gross income of such business is attributable to service of 3 or fewer shareholders of such corporation. ``(D) Applicable shareholder.--For purposes of this paragraph, the term `applicable shareholder' means any shareholder whose modified adjusted gross income for the taxable year exceeds-- ``(i) in the case of a shareholder making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $250,000, ``(ii) in the case of a married shareholder (as defined in section 7703) filing a separate return, half of the dollar amount determined under clause (i), and ``(iii) in any other case, $200,000. ``(2) Partners.-- ``(A) In general.--In the case of any partnership which is engaged in a professional service business, subsection (a)(13) shall not apply to any applicable partner who provides substantial services with respect to such professional service business. ``(B) Applicable partner.--For purposes of this paragraph, the term `applicable partner' means any partner whose modified adjusted gross income for the taxable year exceeds-- ``(i) in the case of a partner making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $250,000, ``(ii) in the case of a married partner (as defined in section 7703) filing a separate return, half of the dollar amount determined under clause (i), and ``(iii) in any other case, $200,000. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business (or portion thereof) providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. ``(4) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means adjusted gross income-- ``(A) determined without regard to any deduction allowed under section 164(f), and ``(B) increased by the amount excluded from gross income under section 911(a)(1). ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which prevent the avoidance of the purposes of this subsection through tiered entities or otherwise. ``(6) Cross reference.--For employment tax treatment of wages paid to shareholders of S corporations, see subtitle C.''. (b) Conforming Amendment.--Section 211 of the Social Security Act is amended by adding at the end the following new subsection: ``(l) Special Rules for Professional Service Businesses.-- ``(1) Shareholders providing services to specified s corporations.-- ``(A) In general.--In the case of an applicable shareholder who provides substantial services with respect to a professional service business referred to in subparagraph (C) of a specified S corporation-- ``(i) such shareholder shall be treated as engaged in the trade or business of such professional service business with respect to items of income or loss described in section 1366 of the Internal Revenue Code of 1986 which are attributable to such business, and ``(ii) such shareholder's net earnings from self-employment shall include such shareholder's pro rata share of such items of income or loss, except that in computing such pro rata share of such items the exceptions provided in subsection (a) shall apply. ``(B) Treatment of family members.--Except as otherwise provided by the Secretary of the Treasury, the applicable shareholder's pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such applicable shareholder's family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) who does not provide substantial services with respect to such professional service business. ``(C) Specified s corporation.--For purposes of this subsection, the term `specified S corporation' means-- ``(i) any S corporation (as defined in section 1361(a) of the Internal Revenue Code of 1986) which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and ``(ii) any other S corporation (as so defined) which is engaged in a professional service business if 75 percent or more of the gross income of such business is attributable to service of 3 or fewer shareholders of such corporation. ``(D) Applicable shareholder.--For purposes of this paragraph, the term `applicable shareholder' means any shareholder whose modified adjusted gross income for the taxable year exceeds-- ``(i) in the case of a shareholder making a joint return under section 6013 of the Internal Revenue Code of 1986 or a surviving spouse (as defined in section 2(a) of such Code), $250,000, ``(ii) in the case of a married shareholder (as defined in section 7703 of such Code) filing a separate return, half of the dollar amount determined under clause (i), and ``(iii) in any other case, $200,000. ``(2) Partners.-- ``(A) In general.--In the case of any partnership which is engaged in a professional service business, subsection (a)(12) shall not apply to any applicable partner who provides substantial services with respect to such professional service business. ``(B) Applicable partner.--For purposes of this paragraph, the term `applicable partner' means any partner whose modified adjusted gross income for the taxable year exceeds-- ``(i) in the case of a partner making a joint return under section 6013 of the Internal Revenue Code of 1986 or a surviving spouse (as defined in section 2(a) of such Code), $250,000, ``(ii) in the case of a married partner (as defined in section 7703 of such Code) filing a separate return, half of the dollar amount determined under clause (i), and ``(iii) in any other case, $200,000. ``(3) Professional service business.--For purposes of this subsection, the term `professional service business' means any trade or business (or portion thereof) providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. ``(4) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means adjusted gross income as determined under section 62 of the Internal Revenue Code of 1986-- ``(A) determined without regard to any deduction allowed under section 164(f) of such Code, and ``(B) increased by the amount excluded from gross income under section 911(a)(1) of such Code.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 4. COMPLIANCE PROVISION. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Stop the Student Loan Interest Rate Hike Act of 2012 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2012, applicable to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013. Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require certain shareholders of a subchapter S corporation engaged as a partner in a professional service business to include income or loss attributable to such business in their net earnings from self-employment for employment tax purposes. Restricts such tax treatment to shareholders whose modified adjusted gross income exceeds a specified amount that varies based on their tax filing status. Defines a "professional service business" as any trade or business providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services.

A bill to amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Durable Medical Equipment Access Act of 2005''. SEC. 2. BENEFICIARY PROTECTIONS. (a) Application of Quality Standards.--Section 1847(b)(2)(B) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as follows: ``(B) Application of quality standards and receipt of advice from oversight committee.--The Secretary may not award any contracts under the competitive acquisition program under this section unless-- ``(i) the quality standards have been implemented under section 1834(a)(20); and ``(ii) the Secretary has received advice from the program oversight committee established under subsection (c).''. (b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act (42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and inserting ``shall exempt''. (c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act (42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any metropolitan statistical area with a population of less than 500,000)'' after ``rural areas''. (d) Application of Federal Advisory Committee Act (FACA) to Program Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows: ``(4) Applicability of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. SMALL SUPPLIER PROTECTIONS. (a) Qualified Supplier Participation.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (1) in paragraph (4)(A), by striking ``The Secretary may limit'' and inserting ``Subject to paragraph (6)(D), the Secretary may limit''; and (2) in paragraph (6)(D), by adding at the end the following: ``Such appropriate steps shall include permitting suppliers that are classified as small businesses under the Small Business Act to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.''. (b) Restoration of Due Process.--Section 1847(b)(10) of such Act (42 U.S.C. 1395w-3(b)(10)) is amended-- (1) by striking ``No administrative or judicial review'' and inserting ``Restoration of appeal rights''; and (2) by striking ``There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of'' and inserting ``Administrative and judicial review shall only be available under section 1869 (and not otherwise) of''. (c) Application of Requirement for Significant Savings.--Section 1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (3)(B), by inserting ``of at least 10 percent'' after ``significant savings''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Requirement for significant savings.--The Secretary shall not implement a program under this section with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10 percent, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program.''. (d) Comparability Analysis.--Section 1834(a)(1) of such Act (42 U.S.C. 1395m(a)(1)) is amended-- (1) in subparagraph (F), by inserting ``subject to subparagraph (G),'' after ``2009,''; and (2) by adding at the end the following new subparagraphs: ``(G) Requirement for comparability analysis before implementation.--The Secretary may not implement subparagraph (F) with respect to the application of rates in an area that is not a competitive acquisition area under section 1847 unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. The comparability analysis shall include at least an analysis of the relative costs of providing the particular items and services in the respective metropolitan statistical areas and an assessment of whether application of the bid rate in an area that is not a competitive acquisition area would adversely impact beneficiary access to quality items and services. ``(H) Application of comparability analysis requirement to certain other part b items and services.--Subparagraph (G) shall also apply to the implementation of section 1847(a) with respect to items described in paragraph (2)(B) or (2)(C) of such section that are furnished on or after January 1, 2009.''. (e) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program. Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.

To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Admission Prevention Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) United States border security agencies are presently overwhelmed with more than 400 million visits across our borders each year and safeguards need to be put in place to make our borders more secure. (2) Current border entry and exit systems are woefully inadequate and the provisions included in the USA PATRIOT Act will greatly enhance the Nation's border security so that Americans know with greater certainty who is entering and exiting the United States. (3) Most of the nineteen terrorists who hijacked planes and attacked the United States on September 11, 2001, are believed to have entered the United States with approved visas and had not been identified by the Immigration and Naturalization Service as being in violation of the terms of their visa. (4) Afghanistan harbors terrorist organizations and is host to Osama bin Laden and his al Qaeda terrorist network. (5) Terrorist organizations are operating in Algeria, Lebanon, Somalia, and the United Arab Emirates, and their members pose a threat to the people of the United States. (6) Terrorist organizations continue to secretly operate in Egypt and six of the individuals on the Federal Bureau of Investigation's most wanted terrorists list are Egyptians wanted in connection with attacks on the United States. (7) An Egyptian, Mohamed Atta, believed to be the organizer of the September 11, 2001, attacks, was able to enter and exit the United States several times prior to the attacks despite being on our Nation's terrorist watch list. (8) Nearly half of the nineteen terrorists who hijacked planes on September 11, 2001, were citizens of Saudi Arabia and entered the United States on approved visas. (9) Most of the suspects in the June 25, 1996, bombing on United States Air Force Khobar Towers barracks at Dhahran Air Base in Saudi Arabia are citizens of Saudi Arabia. (10) The United States Department of State has designated Yemen a haven for terrorists and operatives of Osama bin Laden operating in Yemen were responsible for the 1999 attack on the USS Cole which killed 17 and injured 39 United States sailors. SEC. 3. TEMPORARY MORATORIUM ON THE ISSUANCE OF CERTAIN ALIEN IMMIGRANT AND NONIMMIGRANT VISAS. (a) Terms of Moratorium.-- (1) In general.--Subject to the provisions of this section and notwithstanding any other provision of law, during the moratorium period no immigrant or nonimmigrant visa for admission to the United States may be issued to an alien-- (A) who is a citizen or national of any country listed under paragraph (2); or (B) was born in any country listed under paragraph (2). (2) Countries.-- (A) The provisions of this section shall apply with respect to the following countries: (i) Afghanistan. (ii) Algeria. (iii) Egypt. (iv) Lebanon. (v) Saudi Arabia. (vi) Somalia. (vii) United Arab Emirates. (viii) Yemen. (ix) Any country designated as a state sponsor of terrorism. (B) For purposes of this section, the term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined, under section 620A(a) of the Foreign Assistance Act of 1961, section 6(j)(1) of the Export Administration Act of 1979, or section 40(d) of the Arms Export Control Act, to have repeatedly provided support for acts of international terrorism. (3) Limitation.--Paragraph (1) shall not apply to any diplomatic visa. (4) Multiple citizenship.-- (A) In general.--Paragraph (1) shall apply to any alien who is described in such paragraph notwithstanding that the alien is, or was during the relevant period, simultaneously a citizen or national of a country that is not listed under paragraph (2). (B) Visa waiver program shall not apply.--Any alien who is described in paragraph (1) shall be ineligible for a waiver under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), regardless of whether the alien is a national of, or presents a passport issued by, a country described in subsection (a)(2) of such section. (b) Period of Moratorium.--The moratorium period referred to in subsection (a) shall begin 5 days after the date of the enactment of this Act and shall terminate 30 days after the certification under subsection (c). (c) Certification by Attorney General.--The certification referred to in subsection (b) is a certification by the Attorney General to the Congress that-- (1) subsections (b) and (c) of section 403 of Public Law 107-56 have been fully implemented; and (2) a system is in place that requires that all visas issued to aliens who are subject to the moratorium contain biometric data, are tamper-proof, and are machine-readable; and (3) the systems described in sections 414(a) and 416(a) of Public Law 107-56 have been fully implemented. (d) Exceptions Granted by Attorney General.-- (1) In general.--Subject to paragraph (2), the Attorney General may waive the limitations of subsection (a) in the case of any alien if the Attorney General determines that the admission to the United States of such alien is in the national interest of the United States or in the interest of family unity and if the refusal of admission of such alien would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. (2) Restrictions.-- (A) The waiver authority of the Attorney General under this subsection may be delegated only to the Commissioner of the Immigration and Naturalization Service. (B) The waiver authority under this subsection may be exercised with respect to the admission of not more than 100 aliens from each country under subsection (a)(2) for each fiscal year. SEC. 4. EXPANSION OF TERRORIST ACTIVITIES FOR PURPOSES OF DEPORTATION. (a) Amendment to INA.--Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``as defined in section 212(a)(3)(B)(iii))'' and inserting ``as described under section 212(a)(3)(B))''. (b) Retroactive Application of Amendment.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to-- (1) all actions taken by an alien before, on, or after such date; and (2) all aliens, without regard to the date of entry or attempted entry into the United States in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date). SEC. 5. INQUIRY REGARDING COUNTRY OF BIRTH AT POINT OF ENTRY. (a) Inquiry by Border Officials.--The Attorney General shall require by regulation that Federal border officials inquire of each individual entering the United States as to the individual's country of birth. (b) Visa Requirement.--The Attorney General shall require, by regulation, that all nonimmigrant visas for entry into the United States indicate the country of birth of the alien. SEC. 6. ELIMINATING WAIVER AUTHORITY RELATING TO IMPLEMENTATION OF MACHINE READABLE PASSPORTS. Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)), as amended by Public Law 107-56) is amended by striking subparagraph (B). SEC. 7. GENERAL ACCOUNTING OFFICE STUDY. Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the General Accounting Office shall submit to the Congress a report, in classified and unclassified format, which evaluates the status of the following: (1) The reforms taken within the Immigration and Naturalization Service to safeguard the borders of the United States. (2) The ability of the Federal Government to prevent terrorists from entering the United States. (3) The ability of the Federal Government to locate and monitor the travel of aliens in the United States. (4) The degree of cooperation among the Federal Bureau of Investigation, the Immigration and Naturalization Service, the intelligence agencies, and other Federal, State, and local law enforcement officials. (5) The background check process for aliens seeking visas for admission to the United States. (6) The implementation of other measures to safeguard the borders of the United States and improve visa background checks. (7) The effectiveness of the border security in the United States. SEC. 8. PROHIBITION RELATING TO IMMIGRATION AMNESTY. Notwithstanding section 245(i) of the Immigration and Nationality Act or any other provision of law, no alien who is a citizen or national of, or was born in, any country listed under section 3(a)(2) of this Act shall be eligible for relief under section 245(i) of the Immigration and Nationality Act. SEC. 9. ADDITIONAL INFORMATION REQUIRED OF REGISTERED ALIENS. (a) Additional Information.--Section 265 of the Immigration and Nationality Act (8 U.S.C. 1305) is amended by adding at the end the following new subsection: ``(d) In addition to such other information as the Attorney General may by regulation require under subsection (a), the Attorney General shall require by regulation that aliens required to be registered under this title annually notify the Attorney General, in the manner prescribed by the Attorney General, which shall include electronic means, of the following information: address, telephone number, employer, employer address and telephone number, educational institution, name and address of visa sponsor, marital status, and birth of child. Aliens shall be required to notify the Attorney General not more than 30 days after any change in such information.''. (b) Penalties.--Section 266(b) of the Immigration and Nationality Act (8 U.S.C. 1306(b)) is amended by striking ``$200'' and inserting ``$500''.

Terrorist Admission Prevention Act of 2002 - Establishes a temporary moratorium, with limited waiver authority by the Attorney General, on the issuance of immigrant and nonimmigrant visas (excluding diplomatic visas) to an alien who is a citizen (including multiple citizenship) or national of, or who was born in, one of the following countries: (1) Afghanistan; (2) Algeria; (3) Egypt; (4) Lebanon; (5) Saudi Arabia; (6) Somalia; (7) United Arab Emirates; (8) Yemen; or (9) any country designated as a state sponsor of terrorism.Excludes any such alien from: (1) amnesty entry; or (2) visa waiver program entry.Amends the Immigration and Nationality Act to: (1) expand, and make retroactive, terrorist activity-based grounds for deportation; (2) eliminate waiver authority respecting implementation of machine readable passports; and (3) require additional information from registered aliens (and increases the monetary penalty for failure to provide notice of address change).Requires: (1) Federal border officials to inquire as to the country of birth of each person entering the United States; (2) that nonimmigrant entry visas indicate the alien's country of birth; and (3) periodic General Accounting Office reports respecting border security, alien tracking, Federal agency cooperation and reforms, and related matters.

To provide for a temporary moratorium on visas for certain aliens, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 1999''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' shall have the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, but shall not include any benefit described in section 401(b)(1) of such Act (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean ``individual''). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien, is shown by a preponderance of the evidence to fall within the class of persons who (if present within the United States) would be deportable under section 237(a)(4)(D) of the Immigration and Nationality Act; or (B) if a citizen, is shown by a preponderance of the evidence-- (i) to have procured citizenship illegally or by concealment of a material fact or willful misrepresentation within the meaning of section 340(a) of the Immigration and Nationality Act; and (ii) to have participated in Nazi persecution within the meaning of section 212(a)(3)(E) of the Immigration and Nationality Act. SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution (within the meaning of section 2 of this Act), the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge appointed by the Attorney General under section 101(b)(4) of the Immigration and Nationality Act. (b) Procedure.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act. (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence in the hearing shall apply in the same manner in which such rules would apply in a removal proceeding before a United States immigration judge under section 240 of the Immigration and Nationality Act. (c) Hearings, Findings and Conclusions, and Order.-- (1) Findings and conclusions.--Within 60 days after the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act). (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in her discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the final order is issued. (f) Issue and Claim Preclusion.--In any administrative or judicial proceeding under this Act, the ordinary rules of issue preclusion and claim preclusion shall apply. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 1999.''.

Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit and to any governmental entity or person known to have received an application for benefits that has not been finally adjudicated. Authorizes the Attorney General to review any finding or conclusion made, or order issued and to initiate any review within 30 days. Requires any order, finding, or conclusion to be final: (1) 30 days after it is issued if the Attorney General does not initiate such a review; or (2) either upon the issuance of a decision by the Attorney General or 90 days after the order, finding, or conclusion is issued, whichever is earlier, if the Attorney General does initiate a review. Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit by filing a petition for such review no later than 30 days after the final order becomes final, or completion of any review by the Attorney General, whichever is later.

Nazi Benefits Termination Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for Domestic Partner and Health Plan Beneficiaries Act''. SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE BENEFICIARIES. (a) Exclusion of Contributions.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(f) Coverage Provided for Eligible Beneficiaries of Employees.-- ``(1) In general.--Subsection (a) shall apply with respect to an eligible beneficiary and any qualifying child who is a dependent of the eligible beneficiary. ``(2) Qualifying child; dependent.--For purposes of this subsection-- ``(A) Qualifying child.--The term `qualifying child' has the meaning given such term by section 152(c). ``(B) Dependent.--The term `dependent' has the meaning given such term by section 105(b).''. (b) Exclusion of Amounts Expended for Medical Care.--The first sentence of section 105(b) of such Code (relating to amounts expended for medical care) is amended-- (1) by striking ``and his dependents'' and inserting ``his dependents'', and (2) by inserting before the period at the end of the first sentence the following: ``, an eligible beneficiary with respect to the taxpayer, and any qualifying child of an eligible beneficiary (within the meaning of section 106(f)) with respect to the taxpayer''. (c) Payroll Taxes.-- (1) Section 3121(a)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' both places it appears and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (2) Section 3231(e)(1) of such Code is amended-- (A) by striking ``or any of his dependents'' and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (3) Section 3306(b)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' both places it appears and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (4) Section 3401(a) of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by inserting after paragraph (22) the following new paragraph: ``(23) for any payment made to or for the benefit of an employee or his eligible beneficiary or any qualifying children of his eligible beneficiary (within the meaning of section 106(f)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106(f) or under section 105 by reference in section 105(b) to section 106(f).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of a taxpayer who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, ``(C) the taxpayer's dependents, ``(D) an individual-- ``(i) who satisfies the age requirements of section 152(c)(3)(A), ``(ii) who bears a relationship to the taxpayer described in section 152(d)(2)(H), and ``(iii) meets the requirements of section 152(d)(1)(C), and ``(E) an individual who-- ``(i) is designated by the taxpayer for purposes of this paragraph, ``(ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), ``(iii) meets the requirements of section 152(d)(1)(D), and ``(iv) is not the spouse of the taxpayer and does not bear any relationship to the taxpayer described in subparagraphs (A) through (G) of section 152(d)(2). For purposes of subparagraph (E)(i), not more than 1 person may be designated by the taxpayer for any taxable year.''. (b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``or of the spouse of the taxpayer'' and inserting ``, of the spouse of the taxpayer, or of any individual described in paragraph (1)(E)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary and any qualifying child of an eligible beneficiary (within the meaning of section 106(f)), as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS. The Secretary of Treasury shall issue guidance of general applicability providing that medical expenses that otherwise qualify-- (1) for reimbursement from a flexible spending arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's flexible spending arrangement, notwithstanding the fact that such expenses are attributable to any individual who is an eligible beneficiary under the flexible spending arrangement or to any qualifying child of such an eligible beneficiary (within the meaning of section 106(f) of the Internal Revenue Code of 1986), and (2) for reimbursement from a health reimbursement arrangement under administrative guidance in effect on the date of the enactment of this Act may be reimbursed from an employee's health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent within the meaning of section 152 of such Code but who is designated by the employee as eligible to have his or her expenses reimbursed under the health reimbursement arrangement. SEC. 6. EXTENSION OF QUALIFIED MEDICAL EXPENSES FROM HEALTH SAVINGS ACCOUNTS. (a) In General.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended-- (1) by striking ``and any dependent'' and inserting ``any dependent'', and (2) by inserting ``, and any qualified beneficiary'' after ``thereof)''. (b) Qualified Beneficiary.--Section 223(d)(2) of such Code is amended by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualified beneficiary.--For purposes of subparagraph (A), the term `qualified beneficiary' means any individual who is described in subparagraph (D) or (E) of section 162(l)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Tax Equity for Domestic Partner and Health Plan Beneficiaries Act - Amends the Internal Revenue Code to: (1) extend the exclusion from gross income for employer-provided health care coverage to certain eligible beneficiaries and their dependent children; (2) revise the definition of "dependent" for purposes of the tax deductions for the health insurance costs of self-employed individuals and for contributions to health savings accounts; and (3) extend voluntary employees' beneficiary association sick and accident benefits to eligible beneficiaries and their dependents. Directs the Secretary of the Treasury to issue guidance on reimbursements of medical expenses from flexible spending and health reimbursement arrangements.

A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage to designated plan beneficiaries of employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Affordability Tax Relief Act of 2011'' or the ``HEATR Act of 2011''. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6433. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 33 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $500. ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $50,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000. ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for electricity or natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for any qualified fuel for use in the principal residence of the taxpayer but only if such fuel is the primary fuel for heating such residence. ``(2) Principal residence.-- ``(A) In general.--The term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(B) Special rules.--Such term shall not include-- ``(i) any residence located outside the United States, and ``(ii) any residence not used as the taxpayer's principal place of abode throughout the heating season. ``(3) Heating season.--The term `heating season' means October, November, December, January, February, and March. ``(4) Qualified fuel.--The term `qualified fuel' includes propane, heating oil, kerosene, wood, and wood pellets. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. A similar rule shall apply to electricity and any qualified fuel. ``(2) Homeowners associations, etc.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the residential energy cost so incurred. ``(3) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (a)(2) shall be allocated among such individuals under regulations prescribed by the Secretary. ``(4) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in 2012, each of the dollar amounts contained in subsections (a)(2) and (b)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) in the case of-- ``(i) the dollar amount contained in subsection (a)(2), the fuel price inflation adjustment for 2012, and ``(ii) the dollar amount contained in subsection (b)(1)(A), the cost-of-living adjustment determined under section 1(f)(3) for 2012 by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Fuel price inflation adjustment.--For purposes of paragraph (1)(B)(i)-- ``(A) In general.--The fuel price inflation adjustment for 2012 is the percentage (if any) by which-- ``(i) the CPI fuel component for October of 2011, exceeds ``(ii) the CPI fuel component for October of 2010. ``(B) CPI fuel component.--The term `CPI fuel component' means the fuel component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(3) Rounding.-- ``(A) Credit amount.-- ``(i) Credit amount.--If the dollar amount in subsection (a)(2) (after being increased under paragraph (1)), is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. ``(ii) Income threshold.--If the dollar amount in subsection (b)(1)(A) (after being increased under paragraph (1)), is not a multiple of $50, such dollar amount shall be rounded to the next lowest multiple of $50. ``(f) Application of Section.--This section shall apply to residential energy costs paid or incurred after the date of the enactment of this section, in taxable years ending after such date, and before January 1, 2013.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6431,'' and inserting ``6431, or 6433''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Refundable credit for residential energy costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Home Energy Affordability Tax Relief Act of 2011 or the HEATR Act of 2011- Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for energy costs for the taxpayer's principal residence. Limits such credit to the lesser of 33% of such costs or $500. Terminates such credit on December 31, 2012.

To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Assuring and Improving Cancer Treatment Education and Cancer Symptom Management Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM Sec. 101. Medicare coverage of comprehensive cancer patient treatment education services. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT Sec. 201. Expansion of research. Sec. 202. Nursing intervention research grants. Sec. 203. Institute of Medicine study on the provision of symptom management and supportive care in people with cancer. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many people with cancer experience side effects, symptoms, and late complications associated with their disease and their treatment, which can have a serious adverse impact on their health, well-being, and quality of life. (2) Many side effects and symptoms associated with cancer and its treatment can be reduced or controlled by the provision of timely symptom management and services and also by educating people with cancer and their caregivers about the potential effects before treatment begins. (3) Studies have found that individualized educational intervention for cancer pain management from a registered nurse was effective for patients with cancer being treated in outpatient and home-based settings. Similarly, the number of caregivers who said they were well informed and confident about caregiving after attending a family caregiver cancer education program which increased after program attendance. (4) People with cancer benefit from having an educational session with oncology nurses in advance of the initiation of treatment to learn how to reduce the risk of and manage adverse effects and maximize well-being. Helping patients to manage their side effects reduces adverse events and the need for urgent or inpatient care. (5) The Oncology Nursing Society has received reports from its members that, because the Medicare program and other payers do not cover the provision of patient treatment education, patients and their caregivers often do not receive adequate education before the onset of such patients' treatment for cancer regarding the course of such treatment and the possible side effects and symptoms such patients may experience. The Oncology Nursing Society recommends that all patients being treated for cancer have a one-on-one educational session with a nurse in advance of the onset of such treatment so that such patients and their caregivers receive the information they need to help minimize adverse events related to such treatment and maximize the well-being of such patients. (6) Insufficient or non-existent Medicare payments coupled with poor investment in symptom management research contribute to the inadequate education of patients, poor management and monitoring of cancer symptoms, and inadequate handling of late effects of cancer and its treatment. (7) People with cancer often do not have the symptoms associated with their disease and the associated treatment managed in a comprehensive or appropriate manner. (8) People with cancer deserve to have access to comprehensive care that includes appropriate treatment and symptom management. (9) Patients who receive infused chemotherapy likely obtain some treatment education during the course of the administration of their treatment; yet, many do not, and individuals who may receive a different type of cancer care, such as radiation or surgical interventions or oral chemotherapy taken at home, likely do not receive treatment education during their treatment. (10) Comprehensive cancer care must include access to services and management associated with nausea, vomiting, fatigue, depression, pain, and other symptoms. (11) The Institute of Medicine report, ``Ensuring Quality Cancer Care'' asserts that ``much can be done to relieve the symptoms, ease distress, provide comfort, and in other ways improve the quality of life of someone with cancer. For a person with cancer, maintenance of quality of life requires, at a minimum, relief from pain and other distressing symptoms, relief from anxiety and depressions, including the fear of pain, and a sense of security that assistance with be readily available if needed.''. (12) The Institute of Medicine report, ``Cancer Care for the Whole Patient: Meeting Psychosocial Health Needs'' recognizes that cancer patients' psychosocial needs include information about their therapies and the potential side effects. (13) As more than half of all cancer diagnoses occur among individuals age 65 and older, the challenges of managing cancer symptoms are growing for patients enrolled in the Medicare program. (14) Provision of Medicare payment for comprehensive cancer patient treatment education, coupled with expanded cancer symptom management research, will help improve care and quality of life for people with cancer from the time of diagnosis through survivorship or end of life. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 114(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007, is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (Z); (B) by adding ``and'' at the end of subparagraph (AA); and (C) by adding at the end the following new subparagraph: ``(BB) comprehensive cancer patient treatment education services (as defined in subsection (ddd)(1));''; and (2) by adding at the end the following new subsection: ``Comprehensive Cancer Patient Treatment Education Services ``(ddd)(1) The term `comprehensive cancer patient treatment education services' means-- ``(A) in the case of an individual who is diagnosed with cancer, the provision of a one-hour patient treatment education session delivered by a registered nurse that-- ``(i) is furnished to the individual and the caregiver (or caregivers) of the individual in advance of the onset of treatment and to the extent practicable, is not furnished on the day of diagnosis or on the first day of treatment; ``(ii) educates the individual and such caregiver (or caregivers) to the greatest extent practicable, about all aspects of the care to be furnished to the individual, informs the individual regarding any potential symptoms, side-effects, or adverse events, and explains ways in which side effects and adverse events can be minimized and health and well- being maximized, and provides guidance regarding those side effects to be reported and to which health care provider the side effects should be reported; ``(iii) includes the provision, in written form, of information about the course of treatment, any responsibilities of the individual with respect to self-dosing, and ways in which to address symptoms and side- effects; and ``(iv) is furnished, to the greatest extent practicable, in an oral, written, or electronic form that appropriately takes into account cultural and linguistic needs of the individual in order to make the information comprehensible to the individual and such caregiver (or caregivers); and ``(B) with respect to an individual for whom a course of cancer treatment or therapy is materially modified, a one-hour patient treatment education session described in subparagraph (A), including updated information on the matters described in such subparagraph should the individual's oncologic health care professional deem it appropriate and necessary. ``(2) In establishing standards to carry out paragraph (1), the Secretary shall consult with appropriate organizations representing providers of oncology patient treatment education services and organizations representing people with cancer.''. (b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(V)''; and (2) by inserting before the semicolon at the end the following: ``, and (W) with respect to comprehensive cancer patient treatment education service (as defined in section 1861(ddd)(1)), 150 percent of the payment rate established under section 1848 for diabetes outpatient self-management training services (as defined in section 1861(qq)), determined and applied without regard to any coinsurance''. (c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in subparagraph (M), by striking ``or'' at the end; (2) in subparagraph (N), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(O) in the case of comprehensive cancer patient treatment education services (as defined in subsection (ddd)(1)) which are performed more frequently than is covered under such section;''. (d) No Impact on Payment for Other Services.--Nothing in this section shall be construed to affect or otherwise authorize any reduction or modification, in the Medicare payment amounts otherwise established for chemotherapy infusion or injection codes with respect to the calculation and payment of minutes for chemotherapy teaching or related services. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT SEC. 201. EXPANSION OF RESEARCH. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417E. RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate programs for the conduct and support of research with respect to-- ``(1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and ``(2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. ``(b) Administration.--The Director of NIH shall carry out this section-- ``(1) through the Director of the Institute; and ``(2) in collaboration with the directors of the National Institute of Nursing Research, the National Institute of Mental Health, the National Center on Minority Health and Health Disparities, the National Center for Complementary and Alternative Medicine, and the Agency for Healthcare Research and Quality.''. SEC. 202. NURSING INTERVENTION RESEARCH GRANTS. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by section 201, is amended by adding at the end the following: ``SEC. 417F. NURSING INTERVENTION RESEARCH GRANTS. ``(a) In General.--The Director of NIH shall make grants for research to be conducted-- ``(1) with a registered nurse as the principal investigator; and ``(2) for the purpose of studying cancer symptom management care and services delivered by registered nurses to cancer patients. ``(b) Inclusion of National Research Institutes.--In carrying out this section, the Director of NIH shall provide for the participation of the National Cancer Institute, the National Institute of Nursing Research, and any other national research institute that has been engaged in research described subsection (a)(2). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2009 through 2013.''. SEC. 203. INSTITUTE OF MEDICINE STUDY ON THE PROVISION OF SYMPTOM MANAGEMENT AND SUPPORTIVE CARE IN PEOPLE WITH CANCER. (a) Report.-- (1) In general.--Not later than 2 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section referred to as the ``Institute'') shall conduct a study and evaluation, including a report, on the current state of symptom management, patient treatment education, and supportive care given to people with cancer. (2) Specific matters evaluated.--In conducting the study and evaluation under paragraph (1), the Institute shall-- (A) analyze any barriers to access to, and delivery of, symptom management, patient treatment education, and supportive care to people with cancer; (B) catalogue and evaluate the incentives and disincentives in the current reimbursement system that influence whether individuals receive comprehensive symptom management, patient treatment education, and supportive care, including adequate and ongoing patient treatment education; (C) evaluate the importance of nursing interventions in the management of symptoms and side effects of cancer and the associated treatment; (D) consider such other matters as the Institute determines appropriate; and (E) make recommendations to address any barriers, challenges, or other issues identified through the study and evaluation. (3) Scope of review.--In conducting such study and evaluation, the Institute shall consider a variety of perspectives, including the perspectives of patients and their family caregivers, registered nurses, including nurses certified in oncology, physicians, social workers, psychologists, other health care professionals, and other experts and stakeholders. (b) Report.--Not later than 18 months after the date of enactment of this Act, the arrangement under subsection (a) shall provide for the Institute to submit to the Secretary and to Congress a report on the study evaluation conducted under such subsection. Such report shall contain a detailed description of the findings of such study and evaluation and recommendations for improving the provision of symptom management, patient treatment education, and supportive care to people with cancer. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the purposes of conducting the study and evaluation, and preparing the report, required by this section.

Assuring and Improving Cancer Treatment Education and Cancer Symptom Management Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Extension Act of 2007, to provide for Medicare coverage of comprehensive cancer patient treatment education services. Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to: (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. Requires the NIH Director to make nursing intervention research grants for studying cancer symptom management care and services delivered by registered nurses. Directs the Secretary of Health and Human Services to enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences shall evaluate and report to the Secretary and Congress on the current state of symptom management, patient treatment education, and supportive care given to people with cancer.

To amend title XVIII of the Social Security Act to provide comprehensive cancer patient treatment education under the Medicare Program and to provide for research to improve cancer symptom management.

SECTION 1. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006 (Public Law 109-482), is amended-- (1) in the heading for paragraph (2), by striking ``remainder of reduction'' and inserting ``part''; and (2) by striking paragraph (4) and inserting the following: ``(4) Additional amounts to eliminate remainder of fiscal year 2007 funding shortfalls.-- ``(A) In general.--The Secretary shall allot to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State for fiscal year 2007. ``(B) Remaining shortfall state described.--For purposes of subparagraph (A), a remaining shortfall State is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of the date of the enactment of this paragraph, that the projected federal expenditures under such plan for the State for fiscal year 2007 will exceed the sum of-- ``(i) the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; ``(ii) the amount of the State's allotment for fiscal year 2007; and ``(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance with paragraphs (1) and (2). ``(C) Appropriation; allotment authority.--For the purpose of providing additional allotments to remaining shortfall States under this paragraph there is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2007. Amounts appropriated pursuant to the preceding sentence are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).''. (b) Conforming Amendments.--Section 2104(h) of such Act (42 U.S.C. 1397dd(h)) (as so added), is amended-- (1) in paragraph (1)(B), by striking ``subject to paragraph (4)(B) and''; (2) in paragraph (2)(B), by striking ``subject to paragraph (4)(B) and''; (3) in paragraph (5)(A), by striking ``and (3)'' and inserting ``(3), and (4)''; and (4) in paragraph (6)-- (A) in the first sentence-- (i) by inserting ``or allotted'' after ``redistributed''; and (ii) by inserting ``or allotments'' after ``redistributions''; and (B) by striking ``and (3)'' and inserting ``(3), and (4)''. SEC. 2. FUNDING PROVISIONS. (a) Requirement for Use of Tamper-Resistant Prescription Pads Under the Medicaid Program.-- (1) In general.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) by striking ``or'' at the end of paragraph (21); (B) by striking the period at the end of paragraph (22) and inserting ``; or''; and (C) by inserting after paragraph (22) the following new paragraph: ``(23) with respect to amounts expended for medical assistance for covered outpatient drugs (as defined in section 1927(k)(2)) for which the prescription was executed in written (and non-electronic) form unless the prescription was executed on a tamper-resistant pad.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to prescriptions executed after September 30, 2007. (b) Repeal of the Limited Continuous Enrollment Provision for Certain Beneficiaries Under the Medicare Advantage Program.-- (1) In general.--Subparagraph (E) of section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)), as added by section 206(a) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), is repealed. (2) Conforming amendment.--Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)), as amended by 206(b) of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), is amended by striking ``subparagraphs (B), (C), and (E)'' and inserting ``subparagraphs (B) and (C)''. (3) Effective date.--The amendments made by this subsection shall take effect on the day after the date of enactment of this Act. (c) Denial of Payments for Hospital Services or Ambulatory Surgical Center Services That Directly Harm Patients.-- (1) In general.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (A) by striking ``or'' at the end of paragraph (21); (B) by striking the period at the end of paragraph (22) and inserting ``; or''; and (C) by inserting after paragraph (22) the following new paragraph: ``(23) which are inpatient or outpatient hospital services or facility services furnished in an ambulatory surgical facility if in the provision of such services there occurred a type of event (such as a surgical event, product or device event, patient protection event, care management event, environmental event, or criminal event) which the Secretary has determined, based on a consensus process involving clinicians, quality experts, health care providers, and patients, which should never occur.''. (2) Potential application of nqf ``never events'' lists.-- Nothing in section 1862(a)(23) of the Social Security Act, as inserted by paragraph (1), shall be construed as preventing the Secretary of Health and Human Services from applying all (or a subset of) the events that are listed and endorsed as ``serious reportable events'' (also known as ``never events)'' by the National Quality Forum as of November 16, 2006, (or such subsequent, revised list of such events issued by such Forum as the Secretary may specify) as events described in such section. (3) Conforming amendments.-- (A) Section 1834(j)(4)(C) of the Social Security Act (42 U.S.C. 1395m(j)(4)(C)) is amended by striking ``or 1862(a)(23)'' after ``1862(a)(1)''. (B) Section 1842(l) of such Act (42 U.S.C. 1395u(l)) is amended-- (i) in paragraph (1)(A)(iii)-- (I) by striking ``or (II)'' and inserting ``, (II)''; and (II) by inserting ``, or (III) payment under this title is denied under section 1862(a)(23)'' after ``section 1154(a)(1)(B)''; and (ii) in paragraph (2), by inserting ``or 1862(a)(23)'' after ``1862(a)(1)''. (C) Section 1866(a)(1)(K) of such Act (42 U.S.C. 1395cc(a)(1)(K)) is amended by inserting ``or is denied under section 1862(a)(23)'' after ``1154(a)(1)(B)''. (4) Report on disclosure.--Not later than January 1, 2009, the Secretary of Health and Human Services shall submit to Congress a report on a process for public disclosure on never events described in section 1862(a)(24) of the Social Security Act, as inserted by paragraph (1)(C), which will ensure protection of patient privacy and will permit the use of the disclosed information for a root cause analysis to inform the public and the medical community about safety issues involved. (5) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to payments for-- (A) inpatient hospital services for discharges occurring on or after October 1, 2007; and (B) outpatient hospital services and facility services in an ambulatory surgical center furnished on or after January 1, 2008.

Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to provide additional amounts to eliminate the remainder of SCHIP funding shortfalls for FY2007. Amends SSA title XIX (Medicaid) to require the use of tamper-resistant prescription pads under the Medicaid program. Repeals the limited continuous enrollment provision for certain beneficiaries under the Medicare Advantage Program. Denies payments for hospital or ambulatory surgical center services if in their provision there occurred a type of event which should never occur (events that directly harm patients).

A bill to amend title XXI of the Social Security Act to eliminate the remainder of funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Fairness in Reimbursement Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Fairness in payments under the Medicare+Choice program. Sec. 3. New hospital wage survey. Sec. 4. Reduction in proportion of payments subject to wage-related geographic adjustments. Sec. 5. Permanently removing application of budget neutrality under the Medicaid+Choice program beginning in 2002. Sec. 6. Allowing movement to 50:50 percent blend in 2002. Sec. 7. MedPAC review of impact of wage and other cost adjustments. SEC. 2. FAIRNESS IN PAYMENTS UNDER THE MEDICARE+CHOICE PROGRAM. Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1), by striking ``and (7)'' and inserting ``, (7), and (8)''; (2) in paragraph (4), by striking ``paragraph (1)(A)'' and inserting ``paragraphs (1)(A) and (8)''; and (3) by adding at the end the following new paragraph: ``(8) Fairness in payments.--The annual Medicare+Choice capitation rate for a Medicare+Choice payment area for-- ``(A) 2002, shall not exceed 150 percent (or be less than 82 percent) of the input-price-adjusted annual national Medicare+Choice capitation rate (as computed under paragraph (4)) for the year; ``(B) 2003, shall not exceed 140 percent (or be less than 86 percent) of the input-price-adjusted annual national Medicare+Choice capitation rate for the year; ``(C) 2004, shall not exceed 130 percent (or be less than 90 percent) of the input-price-adjusted annual national Medicare+Choice capitation rate for the year; ``(D) 2005, shall not exceed 120 percent (or be less than 94 percent) of the input-price-adjusted annual national Medicare+Choice capitation rate for the year; ``(E) 2006, shall not exceed 110 percent (or be less than 98 percent) of the input-price-adjusted annual national Medicare+Choice capitation rate for the year; or ``(F) 2007 or any subsequent year, shall be equal to the input-price-adjusted annual national Medicare+Choice capitation rate for the year.''. SEC. 3. NEW HOSPITAL WAGE SURVEY. (a) In General.--The Secretary of Health and Human Services shall promptly conduct a new survey of levels of wages and wage-related costs for different occupational categories of hospital employees. (b) Application to Hospital Wage Index.--The Secretary shall use the data derived from the survey conducted under subsection (a) in computing the hospital wage index applied under section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) for discharges occurring on or after October 1, 2001. SEC. 4. REDUCTION IN PROPORTION OF PAYMENTS SUBJECT TO WAGE-RELATED GEOGRAPHIC ADJUSTMENTS. (a) In General.--Notwithstanding any other provision of law, in applying any wage-related geographic area adjustment (as defined in subsection (b)) to a portion of a payment amount or rate under title XVIII of the Social Security Act, the portion to which the adjustment is applied shall be 75 percent of the portion otherwise computed and 25 percent of such portion shall not be subject to any such geographic area adjustment. (b) Wage-Related Geographic Area Adjustment Defined.--For purposes of this section, the term ``wage-related geographic area adjustment'' means an adjustment in a payment rate by geographic area that is based on a geographic variation in wages or wage-related costs or similar costs. (c) Specific Application.--Subsection (a) applies to geographic adjustments made under the following provisions of law (as well as other provisions identified by the Secretary of Health and Human Services): (1) Inpatient hospital wage indices.--The area wage adjustment made for inpatient hospital services under section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) and under section 1886(b)(3)(H)(iii) of such Act (42 U.S.C. 1395ww(b)(3)(H)(iii)). (2) Outpatient hospital services.--The wage adjustment factors under section 1833(t)(2)(D) of such Act (42 U.S.C. 1395l(t)(2)(D)). (3) Home health services.--The area wage adjustment under section 1895(b)(4)(A)(ii) of such Act (42 U.S.C. 1395fff(b)(4)(A)(ii)). (4) Routine costs of skilled nursing services.--The wage cost adjustment under section 1888(e)(4)(G)(ii) of such Act (42 U.S.C. 1395yy(e)(4)(G)(ii)). (5) Physicians' services.--The geographic physician work adjustment factor under section 1848(e)(5) of such Act (42 U.S.C. 1395w-4(e)(5)). (6) Medicare+choice input-price-adjusted annual national medicare+choice capitation rates.--The relative input prices relating to wages and wage-related expenses for input-price- adjusted annual national Medicare+Choice capitation rates under section 1853(c)(4)(A)(iii) of such Act (42 U.S.C. 1395w- 23(c)(4)(A)(iii)). (7) Clinical laboratory services.--The wage adjustment under section 1833(h)(4)(A) of such Act (42 U.S.C. 1395l(h)(4)(A)). (c) Effective Date.--Subsection (a) first applies in the case of items and services for which payment adjustments under title XVIII of the Social Security Act are updated on a-- (1) fiscal year basis, to the update made for fiscal year 2002; or (2) calendar year basis, to the update made for 2002. SEC. 5. PERMANENTLY REMOVING APPLICATION OF BUDGET NEUTRALITY UNDER THE MEDICAID+CHOICE PROGRAM BEGINNING IN 2002. Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c)) is amended-- (1) in paragraph (1)(A), in the matter following clause (ii), by inserting ``(for years before 2002)'' after ``multiplied''; and (2) in paragraph (5), by inserting ``(before 2002)'' after ``for each year''. SEC. 6. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding after and below subparagraph (F) the following: ``except that a Medicare+Choice organization may elect to apply subparagraph (F) (rather than subparagraph (E)) for 2002.''. SEC. 7. MEDPAC REVIEW OF IMPACT OF WAGE AND OTHER COST ADJUSTMENTS. (a) In General.--Section 1805(b)(2)(B) of the Social Security Act (42 U.S.C. 1395b-6(b)(2)(B)) is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iv) the extent to which the adjustments made (through wage indices and other measures) in payment rates on a geographic basis for variations in costs accurately reflect the actual costs of items and services in low reimbursement areas and the impact of such adjustments on the health infrastructure in such areas.''. (b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act and the Medicare Payment Advisory Commission shall first report on the review conducted pursuant to such amendments in its report submitting in June 2001.

Directs the Secretary of Health and Human Services to promptly conduct a new survey of levels of wages and wage-related costs for different occupational categories of hospital employees and to use the survey data in computing a certain hospital wage index for discharges occurring on or after October 1, 2001. Provides that, in applying any wage-related geographic area adjustment to a portion of a payment amount or rate under Medicare, the portion to which the adjustment is applied shall be 75 percent of the portion otherwise computed, and 25 percent of such portion shall not be subject to any such geographic area adjustment. Applies such provision to geographic adjustments made under specified Medicare provisions, including those with regard to home health and clinical laboratory services. Amends part C (Medicare+Choice) of title XVIII to permanently remove application of the budget neutrality factor under the Medicare+Choice program beginning in 2002. Allows a Medicare+Choice organization to elect to apply an area-specific percentage of 50 percent and a national percentage of 50 percent for 2002 rather than the rate currently applicable for that year in determining the blended capitation rate used in determining the calculation of annual Medicare+Choice capitation rates. Amends SSA title XVIII to require the Medicare Payment Advisory Commission to review the extent to which the adjustments made in payment rates on a geographical basis for variations in costs accurately reflect the actual costs of items and services in low reimbursement areas and the impact of such adjustments on the health infrastructure in such areas.

Medicare Fairness in Reimbursement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeatedly Flooded Communities Preparation Act''. SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS. (a) In General.--Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(e) Community Accountability for Repetitively Damaged Areas.-- ``(1) In general.--The Administrator shall, by regulation, require any covered community (as such term is defined in paragraph (5))-- ``(A) to identify the areas within the community where properties described in paragraph (5)(B) or flood-damaged facilities are located to determine areas repeatedly damaged by floods and to assess, with assistance from the Administrator, the continuing risks to such areas; ``(B) to develop a community-specific plan for mitigating continuing flood risks to such repetitively flooded areas and to submit such plan and plan updates to the Administrator at appropriate intervals; ``(C) to implement such plans; ``(D) to make such plan, plan updates, and reports on progress in reducing flood risk available to the public, subject to section 552a of title 5, United States Code. ``(2) Incorporation into existing plans.--Plans developed pursuant to paragraph (1) may be incorporated into mitigation plans developed under section 1366 of this Act (42 U.S.C. 4104c) and hazard mitigation plans developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165). ``(3) Assistance to communities.-- ``(A) Data.--To assist communities in preparation of plans required under paragraph (1), the Administrator shall, upon request, provide covered communities with appropriate data regarding the property addresses and dates of claims associated with insured properties within the community. ``(B) Mitigation grants.--In making determinations regarding financial assistance under the authorities of this Act, the Administrator may consider the extent to which a community has complied with this subsection and is working to remedy problems with addressing repeatedly flooded areas. ``(4) Sanctions.-- ``(A) In general.--The Administrator shall, by regulations issued in accordance with the procedures established under section 553 of title 5, United States Code, regarding substantive rules, provide appropriate sanctions for covered communities that fail to comply with the requirements under this subsection or to make sufficient progress in reducing the flood risks to areas in the community that are repeatedly damaged by floods. ``(B) Notice.--Before imposing any sanction pursuant to this paragraph, the Administrator shall provide the covered community involved with notice of the non-compliance that could result in the imposition of sanctions, which shall include recommendations for actions to bring the covered community into compliance. ``(C) Considerations.--In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community involved, including Federal funding, the portion of the covered community that lies within an area having special flood hazards, and other factors that make it difficult for the covered community to conduct mitigation activities for existing flood-prone structures. ``(5) Covered community.--For purposes of this subsection, the term `covered community' means a community-- ``(A) that is participating, pursuant to section 1315, in the national flood insurance program; and ``(B) within which are located-- ``(i) 50 or more repetitive loss structures for each of which, during any 10-year period, two or more claims for payments under flood insurance coverage have been made with a cumulative amount exceeding $1,000; ``(ii) 5 or more severe repetitive loss structures (as such term is defined in section 1366(h)) for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or ``(iii) a public facility or a private nonprofit facility (as such terms are as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) in connection with more than one flooding event in the most recent 10-year period. ``(6) Repetitive-loss structure.--For purposes of this subsection, the term `repetitive loss structure' has the meaning given such term in section 1370 (42 U.S.C. 4121). ``(7) Reports to congress.--Not later than the expiration of the 6-year period beginning upon the date of the enactment of this subsection, and not less than every 2 years thereafter, the Administrator shall submit a report to the Congress regarding the progress in implementing plans developed pursuant to paragraph (1)(B).''. (b) Regulations.--The Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968, as added by the amendment made by subsection (a) of this section, not later than the expiration of the 12-month period that begins on the date of the enactment of this Act. SEC. 3. MONTHLY INSTALLMENT PAYMENT OF PREMIUMS. (a) Authority.--Subsection (g) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(g)) is amended-- (1) by striking the subsection designation and all that follows through ``With respect'' and inserting the following: ``(g) Frequency of Premium Collection.-- ``(1) Options.--With respect''; and (2) by adding at the end the following: ``(2) Monthly installment payment of premiums.-- ``(A) Exemption from rulemaking.--Until such time as the Administrator promulgates regulations implementing paragraph (1) of this subsection, the Administrator may adopt policies and procedures, notwithstanding any other provisions of law and in alignment and consistent with existing industry escrow and servicing standards, necessary to implement such paragraph without undergoing notice and comment rulemaking and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ``(B) Pilot program.--The Administrator may initially implement paragraph (1) of this subsection as a pilot program that provides for a gradual phase-in of implementation. ``(C) Policyholder protection.--The Administrator may-- ``(i) during the 12-month period beginning on the date of the enactment of this subparagraph, charge policyholders choosing to pay premiums in monthly installments a fee for the total cost of the monthly collection of premiums not to exceed $25 annually; and ``(ii) after the expiration of the 12-month period referred to in clause (i), adjust the fee charged annually to cover the total cost of the monthly collection of premiums as determined by the report submitted pursuant to subparagraph (D). ``(D) Report.--Not later than six months after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, that sets forth all of the costs associated with the monthly payment of premiums, including any up- front costs associated with infrastructure development, the impact on all policyholders including those that exercise the option to pay monthly and those that do not, options for minimizing the costs, particularly the costs to policyholders, and the feasibility of adopting practices that serve to minimize costs to policyholders such as automatic payments and electronic payments. ``(E) Annual reports.--On an annual basis, the Administrator shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate the ongoing costs associated with the monthly payment of premiums.''. (b) Implementation.--Clause (ii) of section 1307(a)(1)(B) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)(ii)) is amended by inserting before ``any administrative expenses'' the following: ``the costs associated with the monthly collection of premiums provided for in section 1308(g) (42 U.S.C. 4015(g)), but only if such costs exceed the operating costs and allowances set forth in clause (i) of this subparagraph, and''.

Repeatedly Flooded Communities Preparation Act (Sec. 2) This bill amends the National Flood Insurance Act of 1968 to require a community that participates in the National Flood Insurance Program (NFIP) and has been repeatedly flooded to: (1) assess the continuing risks to community areas repeatedly damaged by floods; and (2) develop and implement a publicly available, community-specific plan for mitigating continuing flood risks to such areas. The Federal Emergency Management Agency (FEMA) must, upon request, provide a community with data to assist in preparation of the required plan. In making decisions with respect to awarding mitigation grants under the Act, FEMA may consider the extent to which a community has complied with these requirements and is working to remedy problems with repeatedly flooded areas. A community that does not comply with these requirements shall be subject to sanctions. (Sec. 3) FEMA's implementation of monthly premium payment schedules is exempted from rulemaking. FEMA may implement this schedule as a pilot program.

Repeatedly Flooded Communities Preparation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Watershed Forestry Program Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) trees and forests are critical to the long-term health and proper functioning of the Chesapeake Bay and the Chesapeake Bay watershed; (2) the Chesapeake Bay States lost 350,000 acres of forest land between 1987 and 1997, or nearly 100 acres per day; and (3) the Forest Service has a vital role to play in assisting States, local governments, and nonprofit organizations of the Chesapeake Bay in carrying out forest conservation, restoration, and stewardship projects and activities. (b) Purposes.--The purposes of this Act are-- (1) to expand and strengthen cooperative efforts to restore and protect forests in the Chesapeake Bay watershed; and (2) to contribute to the achievement of the goals of the Chesapeake Bay Agreement. SEC. 3. DEFINITIONS. In this Act: (1) Chesapeake bay agreement.--The term ``Chesapeake Bay Agreement'' means the formal, voluntary agreements-- (A) executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem; and (B) signed by the Council. (2) Chesapeake bay state.--The term ``Chesapeake Bay State'' means each of the States of Delaware, Maryland, New Jersey, Pennsylvania, Virginia, and West Virginia and the District of Columbia. (3) Council.--The term ``Council'' means the Chesapeake Bay Executive Council. (4) Director.--The term ``Director'' means the Director of the program designated under section 4(b)(1). (5) Program.--The term ``program'' means the Chesapeake Bay watershed forestry program established under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service and the Director appointed under section 4(b)(1). SEC. 4. CHESAPEAKE BAY WATERSHED FORESTRY PROGRAM. (a) Establishment.--The Secretary shall establish a Chesapeake Bay watershed forestry program under which the Secretary shall make grants and provide technical assistance to eligible entities to restore and protect forests in the Chesapeake Bay watershed, including grants and assistance-- (1) to promote forest conservation and stewardship efforts in urban, suburban, and rural areas of the Chesapeake Bay watershed; (2) to manage National Forest System land in the Chesapeake Bay watershed in a manner that enhances the land; (3) to assist in developing and carrying out large-scale projects and partnerships in the Chesapeake Bay watershed; (4) to conduct research, assessment, and planning activities to restore and protect forest land in the Chesapeake Bay watershed; (5) to develop communication and education resources to enhance public understanding of the value of forests in the Chesapeake Bay watershed; and (6) to contribute to the achievement of the goals of the Chesapeake Bay Agreement. (b) Office; Director.-- (1) In general.--The Secretary shall-- (A) establish an office within the Forest Service to carry out the program; and (B) designate an employee of the Forest Service as Director of the program. (2) Duties.--As part of the program, the Director, in cooperation with the Secretary, shall-- (A) carry out a small grants and technical assistance program to restore and protect forests in the Chesapeake Bay watershed; (B) enter into partnerships to carry out forest restoration and protection activities at a watershed scale using the resources and programs of the Forest Service; and (C) employ a sufficient number of individuals to-- (i) represent the Forest Service in water quality and land stewardship deliberations of the Chesapeake Bay program; and (ii) support and collaborate with a forestry work group in planning and implementing program activities. (c) State Watershed Foresters.--Funds made available under section 6(a) may be used by a Chesapeake Bay State to hire a State watershed forester to carry out activities and coordinate watershed-level projects relating to the program. (d) Eligible Entities.--To be eligible to receive assistance under the program, an entity shall be-- (1) a Chesapeake Bay State; (2) a political subdivision of a Chesapeake Bay State; (3) an organization operating in the Chesapeake Bay watershed that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code; or (4) any other person in the Chesapeake Bay watershed that the Secretary determines to be eligible. (e) Grants.-- (1) In general.--The Secretary shall make grants to eligible entities under the program to pay the Federal share of the cost of carrying out projects to restore and protect forests in the Chesapeake Bay watershed. (2) Federal share.--The Federal share of a grant made under the program shall not exceed 75 percent, as determined by the Secretary. (3) Types of projects.--The Secretary may make a grant to an eligible entity for any project in the Chesapeake Bay watershed that-- (A) improves habitat and water quality through the establishment, protection, or stewardship of riparian or wetland forests; (B) builds the capacity of State and local organizations to implement conservation, restoration, and stewardship actions; (C) develops and implements watershed management plans that address forest conservation and restoration activities; (D) provides outreach and assistance to private landowners and communities to restore or protect watersheds through the enhancement of forests; (E) develops and implements communication, education, or technology transfer programs that broaden public understanding of the value of trees and forests in sustaining and restoring watershed health; (F) coordinates and implements watershed partnerships, such as the Potomac Watershed Partnership or Revitalizing Baltimore, that-- (i) focus on the restoration or protection of forest land; or (ii) focus urban and rural forest programs of the Forest Service on restoring or protecting forests at a large-watershed scale; (G) provides enhanced forest resource data to support watershed management; (H) enhances upland forest health to reduce risks to watershed function and water quality; or (I) conducts inventory assessment or monitoring activities to support indicators of environmental change associated with projects carried out under the program. (f) Study.-- (1) In general.--The Secretary, in consultation with the Council, shall conduct a study of urban and rural forests in the Chesapeake Bay watershed, including-- (A) an assessment of the extent and location of forest loss and fragmentation in the Chesapeake Bay watershed; (B) an identification of critical forest land within the Chesapeake Bay watershed that should be restored and protected; and (C) recommendations on ways in which to expand restoration, protection, and stewardship activities to achieve the goals of the Chesapeake Bay Agreement. (2) Report.--Not later than 1 year after amounts are first made available under section 6(a), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study, including recommendations for-- (A) management actions; and (B) further inventory, assessment, or research. SEC. 5. WATERSHED FORESTRY RESEARCH PROGRAM. (a) In General.--The Secretary, in cooperation with the Council, shall establish a watershed forestry research program for the Chesapeake Bay watershed. (b) Administration.--In carrying out the program established under subsection (a), the Secretary shall-- (1) use a combination of applied research, modeling, demonstration projects, implementation standards, strategies for adaptive management, training, and education to meet the needs of the residents of the Chesapeake Bay States for managing forests in urban, developing, and rural areas; (2) solicit input from local managers, Federal, State, and private researchers, and state-of-the-art technology to answer critical watershed forestry questions related to air and water quality, social and economic implications, environmental change, and other watershed forestry issues in urban and rural areas; and (3) coordinate with the Chesapeake Bay Program Scientific and Technical Advisory Committee and universities in the Chesapeake Bay States to ensure that Forest service research-- (A) addresses issues in the Chesapeake Bay Agreement; and (B) supports modeling and informational needs of the Chesapeake Bay program. (c) Watershed Forestry Research Strategy.--Not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with the Northeast Forest Research Station and the Southern Forest Research Station, shall submit to Congress a coordinated strategy to address Chesapeake Bay watershed goals relating to-- (1) urban forestry; and (2) the health and stewardship of watershed forests. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the program $3,500,000 for each of fiscal years 2004 through 2010, of which-- (1) not more than $500,000 shall be used to conduct the study required under section 4(f); and (2) not more than $1,000,000 of the amounts appropriated for a fiscal year, shall be used to carry out the watershed forestry research program under section 5. SEC. 7. REPORT. Not later than December 1, 2004, and biennially thereafter, the Director shall submit to the Secretary a comprehensive report on activities carried out under the program.

Chesapeake Bay Watershed Forestry Program Act of 2002 - Directs the Secretary of Agriculture, through the Forest Service, to establish a Chesapeake Bay watershed forestry program of grants and technical assistance for: (1) forest conservation in urban, suburban, and rural areas; (2) National Forest System management; (3) research, education, and planning activities; and (4) achievement of Chesapeake Bay Agreement goals.Sets forth grantee and project eligibility criteria.Authorizes a Bay State (Maryland, Delaware, New Jersey, Pennsylvania, Virginia, West Virginia, and the District of Columbia) to use funds to hire a State watershed forester to carry out watershed projects.Directs the Secretary to establish for the Chesapeake Bay watershed a: (1) forestry research program; and (2) a forestry research strategy.

A bill to require the Secretary of Agriculture to establish a program to expand and strengthen cooperative efforts to restore and protect forests in the Chesapeake Bay watershed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Patriot Enforcement Act of 2002''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)).'' (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.

Corporate Patriot Enforcement Act of 2002 - Amends the Internal Revenue Code by determining that acquiring corporations in"corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.

To amend the Internal Revenue Code of 1986 to prevent corporations from avoiding the United States income tax by reincorporating in a foreign country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of State Review Act''. SEC. 2. ESTABLISHMENT OF DEPARTMENT OF STATE REVIEW PANEL. (a) Findings.--The Congress makes the following findings: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and its citizens and for advancing the policies of the United States. (2) The Department operates 257 posts in more than 180 countries throughout the world, has approximately 21,500 full- time personnel, and has a budget of approximately $8,000,000,000. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Moreover, the world has witnessed the spread of weapons of mass destruction and the spread of terrorism. Yet, there has been little change in the organization and structure of the Department or its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a comprehensive review by an independent panel to assess how the Department can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world. (b) Establishment.--Not later than September 1, 2004, there shall be established a nonpartisan independent panel to be known as the Department of State Review Panel (in this section referred to as the ``Panel''). The Panel shall have the duties set forth in this section. (c) Membership.-- (1) Composition and qualifications.--The Panel shall be composed of ten members who are individuals in the private sector who are recognized experts in matters relating to foreign affairs and the national security of the United States. (2) Appointment.--Members of the Panel shall be appointed as follows: (A) Three members appointed by the Speaker of the House of Representatives. (B) Three members appointed by the Majority Leader of the Senate. (C) Two members appointed by the Minority Leader of the House of Representatives. (D) Two members appointed by the Minority Leader of the Senate. (3) Chairperson.--The Panel shall have a chairperson who shall be selected by the members of the panel from among the members. (d) Report.--Not later than 12 months after the appointment of the last member to the Panel, the Panel shall prepare and submit to the Congress a comprehensive report. The report shall include the following: (1) A review of current structures of the Department of State and related agencies, including the organization and operation of the embassies and consulates of the United States abroad, to determine how best to efficiently and effectively-- (A) represent the interests of the United States throughout the world; (B) advance the policies of the United States; (C) cooperate and integrate with other government agencies and departments, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, the Department of Commerce, the Office of the United States Trade Representative, the Agency for International Development, the Drug Enforcement Agency, and the intelligence agencies of the United States; and (D) meet the anticipated roles and missions of such entities in the future. (2) Recommendations on any structural reorganization at the Department of State and United States embassies and consulates, including the following: (A) Whether any geographical desks should be added, combined, or eliminated, including an examination of whether an ``American Affairs'' desk should be established within the Office of the Under Secretary for Political Affairs. (B) Whether any of the positions of Under or Assistant Secretary of State should be combined or eliminated, or any additional positions of Under or Assistant Secretary of State should be created, including an examination of whether a senior level position should be established to analyze and assess future challenges for the Department, and if needed, whether the position should be an Under or Assistant Secretary of State. (C) Whether a military attache should be stationed at each embassy and whether a member of any other Federal agency should be stationed at all or specific embassies worldwide. (3) Suggestions for changes in organization and process to ensure that the efforts of the United States to communicate effectively with other governments and engage in public diplomacy are successful. (4) Suggestions for changes in structures to better formulate and implement the foreign policy of the United States. (5) An independent assessment of the challenges the Department of State may face through the year 2020 and beyond. (6) A comprehensive review of how the Department of State, the embassies and consulates of the United States, and diplomatic and other personnel and delegations are organized to handle efficiently future risks, including any recommended structural or internal changes that may be necessary to meet future challenges to the national interest of the United States. (7) The planning assumptions used in the review conducted by the Panel, including assumptions relating to cooperation, communication with allies, levels of risk, real-time situational awareness, and instantaneous communication. (8) An examination of the forward presence and pre- positioning necessary by the Department of State for negotiation and conflict deterrence in response to anticipated threats and conflicts. (9) An examination of the current information infrastructure and technologies at the Department of State and recommendations on how these technologies should be updated, changed, or replaced for optimum utilization by the year 2008 and beyond. (10) An examination of ways the Department of State develops scenarios that may require a Department response, and recommendations for improving this process to incorporate nontraditional threat planning scenarios and input from other Federal agencies and nongovernmental organizations. (11) Recommendations regarding future personnel policies of the Department of State, including the following: (A) Whether an anticipated need exists for additional personnel who possess certain language skills, functional skills, and educational background. (B) Whether the Department of State should examine nontraditional recruitment and training efforts, including policies related to lateral transfers of personnel from other government agencies or the private sector, to meet Department of State needs. (e) Information From Federal Agencies.--The Panel may secure directly from the Department of State and from any other Federal agency such information as the Panel considers necessary to carry out its duties under this section. The head of the agency concerned shall ensure that information requested by the Panel under this subsection is promptly provided. (f) Personnel Matters.-- (1) Compensation of members.--Each member of the Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Panel. (2) Travel expenses.--The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (3) Executive director and staff.--Without regard to the civil service laws and regulations, the chairperson of the Panel may appoint and terminate an executive director and a staff of not more than four additional individuals, none of whom may be current employees of the Department of State or members of the Foreign Service, if the Panel determines that an executive director and staff are necessary in order for the Panel to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Panel. (4) Compensation of executive director.--The chairperson may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (5) Detail of government employees.--Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil or foreign service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Panel to enable the Panel to carry out its duties effectively. (6) Travel conditions.--To the maximum extent practicable, the members and employees of the Panel shall travel on government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of a duty of the Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (g) Administrative Provisions.-- (1) Use of mail.--The Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative and support services.--The Secretary of State shall furnish the Panel any administrative and support services requested by the Panel. (3) Gifts and donations.--The Panel may accept, use, and dispose of gifts or donations of services or property. (4) Contractual authority.--The Panel may enter into such contracts as necessary for technical support and analysis, provided that the duration of such contracts does not exceed 120 days and that the total amount spent on all such contracts does not exceed $500,000. (h) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Panel shall be paid out of funds available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Panel shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Sunset Provision.--The Panel shall terminate six months after the submission of a final report to the Congress under subsection (d).

Department of State Review Act - Requires establishment of a nonpartisan independent Department of State Review Panel, which shall report to Congress on its review of the following matters concerning Department of State organization and operations: (1) current Department structures and possible reorganization; (2) changes to ensure effective diplomacy and implementation of U.S. foreign policy; (3) challenges through the year 2020 and beyond; (4) efficient handling of future risks; (5) planning assumptions; (6) positioning necessary for negotiation and conflict deterrence; (7) information infrastructure and technology; (8) the process of developing scenarios; and (9) future personnel policies.

To establish an independent nonpartisan review panel to assess how the Department of State can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. Congress finds that-- (1) aircraft landing strips-- (A) serve an essential safety role as emergency landing areas; (B) provide access to people who would otherwise be physically unable to enjoy national parks, national forests, wilderness areas, and other Federal land; (C) support State economies by providing efficient access for visitors seeking recreational activities; and (D) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief; and (2) the Secretary of the Interior and the Secretary of Agriculture should-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to comply with the policy adopted under subparagraph (A). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Aircraft landing strip.--The term ``aircraft landing strip'' means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is commonly known, and has been or is consistently used, for aircraft landing and departure activities. (3) Permanently close.--The term ``permanently close'' means any closure, the duration of which is more than 90 days in any calendar year. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and (B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture. SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS. (a) In General.--The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless-- (1) the head of the aviation department of each State in which the aircraft landing strip is located approves the action; (2) the Secretary publishes in the Federal Register notice of the proposed action, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip; (3) the Secretary provides for a 90-day public comment period beginning on the date of publication of the notice under paragraph (2); and (4) the Secretary and the head of the aviation department of each State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period under paragraph (3). (b) Policies.-- (1) Backcountry aviation policies.--Not later than 2 years after the date of enactment of this Act, the Secretaries shall-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to adhere to the policy adopted under subparagraph (A). (2) Requirements.--Any policy affecting air access to an aircraft landing strip, including the policy adopted under paragraph (1), shall not take effect unless the policy-- (A) states that the Administrator has the sole authority to control aviation and airspace over the United States; and (B) seeks and considers comments from State governments and the public. (c) Maintenance of Airstrips.-- (1) In general.--To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip is located; and (B) any other interested parties. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips. (d) Exchanges or Acquisitions.--There shall not be as a condition of any Federal acquisition of, or exchange involving, private property on which a landing strip is located-- (1) the closure or purposeful neglect of the landing strip; or (2) any other action that would restrict use or render any landing strip unserviceable. (e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to any action, policy, exchange, or acquisition, respectively, that is not final on the date of enactment of this Act. (f) Effect on Federal Aviation Administration Authority.--Nothing in this Act affects the authority of the Administrator over aviation or airspace.

Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the head of the aviation department of the state in which the landing strip is located approves the action; (2) the Secretary publishes notice of the proposed action and allows for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received. Requires the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues relating to the management of federal land under their jurisdiction; and (2) require regional managers to adhere to such policy.

To ensure general aviation aircraft access to Federal land and to the airspace over Federal land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Safety Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Railroad Administration. (2) Passenger cab car.--The term ``passenger cab car'' means the leading cab car on a passenger train that does not have a locomotive or safety locomotive at the front of the train. (3) Safety locomotive.--The term ``safety locomotive'' means a cab-car locomotive (whether operational or not) that is used at the front of a rail passenger train to promote passenger safety. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (5) Train employee.--The term ``train employee'' has the same meaning as in section 21101(5) of title 49, United States Code. SEC. 3. HOURS OF SERVICE. (a) In General.-- (1) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall promulgate regulations concerning limitations on duty hours of train employees that contain-- (A) requirements concerning hours of work for train employees and interim periods available for rest that are no less stringent than the applicable requirements under section 21103 of title 49, United States Code, as in effect on the day before the effective date of subsection (b); and (B) any other related requirements that the Secretary determines to be necessary to protect public safety. (2) Negotiated rulemaking.-- (A) In general.--In promulgating regulations under this subsection, the Secretary shall use negotiated rulemaking, unless the Secretary determines that the use of that process is not appropriate. (B) Procedures for negotiated rulemaking.--If the Secretary determines under subparagraph (A) that negotiated rulemaking is appropriate, the Secretary, in consultation with the Administrator, shall carry out the negotiated rulemaking in accordance with the procedures under subchapter III of chapter 5 of title 5, United States Code. (b) Repeal.-- (1) In general.--Section 21103 of title 49, United States Code, is repealed. (2) Effective date.--This subsection shall take effect on the date on which the Secretary promulgates final regulations under subsection (a). SEC. 4. SATELLITE-BASED TRAIN CONTROL SYSTEMS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator, shall conduct a study to determine the feasibility of requiring satellite- based train control systems to provide positive train control for railroad systems in the United States by January 1, 2001. (b) Time Frame for Operation; Automated Train Control Systems.-- (1) Regulations to cover impracticability of satellite- based train control systems.--Subject to paragraph (3), if, upon completion of the study conducted under subsection (a), the Secretary, acting through the Administrator, determines that the installation of an effective satellite-based train control system referred to in subsection (a) could not be accomplished practicably by January 1, 2001, the Secretary shall promulgate regulations to require, as soon as practicable after the date of promulgation of the regulations, the use of automated train control technology that is available on that date. (2) Regulations to cover practicability of satellite-based train control systems.-- (A) In general.--Subject to paragraph (3), if upon completion of the study conducted under subsection (a), the Secretary, acting through the Administrator, determines that the installation of an effective satellite-based train control system referred to in subsection (a) could be accomplished practicably by January 1, 2001, the Secretary, in consultation with the Administrator, shall promulgate regulations to require, as soon as practicable after the date of promulgation of the regulations, the use of automated train control technology that is available on that date. (B) Waivers.--If the appropriate official of a railroad system establishes, to the satisfaction of the Secretary, and in a manner specified by the Secretary, that the railroad system will have in operation a satellite-based train control system by January 1, 2001, the Secretary shall issue a waiver for that railroad system to waive the application of the regulations promulgated under subparagraph (A) for that railroad system, subject to terms and conditions established by the Secretary. (3) Conditions.--In promulgating regulations under this subsection, the Secretary, in consultation with the Administrator, shall provide for any exceptions or conditions that the Secretary, in consultation with the Administrator, determines to be necessary. (4) Monitoring.-- (A) In general.--If the Secretary issues a waiver for a railroad system under paragraph (2)(B), the railroad system shall, during the period that the waiver is in effect, provide such information to the Secretary as the Secretary, acting through the Administrator, determines to be necessary to monitor the compliance of the railroad system with the conditions of the waiver, including information concerning the progress of the railroad system in achieving an operational satellite-based train control system. (B) Revocation of waivers.--If, at any time during the period that a waiver issued under paragraph (2)(B) is in effect, the Secretary determines that the railroad system issued the waiver is not meeting the terms or conditions of the waiver, or is not likely to have in operation a satellite-based train control system by January 1, 2001, the Secretary shall revoke the waiver. SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator, shall conduct a study of the technical, structural, and economic feasibility of automatic train escape devices. (b) Report.--Upon completion of the study conducted under this section, the Secretary, acting through the Administrator, shall-- (1) prepare a report that contains the findings of the study; and (2) submit a copy of the report to the appropriate committees of the Congress. (c) Regulations.--If, by the date specified in subsection (a), the Secretary makes a determination (on the basis of the findings of the study) that automatic train escape devices should be required on rail passenger trains, the Secretary, in consultation with the Administrator, shall, not later than 180 days after such date, promulgate regulations to require automatic train escape devices on rail passenger trains as soon as practicable after the date of promulgation of the regulations. SEC. 6. LOCOMOTIVE FUEL TANKS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety. (b) Applicability.--The Secretary, in consultation with the Administrator, may limit the applicability of the regulations promulgated under subsection (a) to new locomotives (as defined by the Secretary, in consultation with the Administrator) if the Secretary determines that the limitation is appropriate. SEC. 7. PASSENGER CAR CRASH-WORTHINESS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall determine whether to promulgate regulations, for the purpose of protecting public safety, to-- (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crash-worthiness standards for passenger cab cars; or (4) carry out any combination of paragraphs (1) through (3). (b) Regulations.--If, the Secretary, acting through the Administrator, determines that promulgating any of the regulations referred to in subsection (a) are necessary to protect public safety, the Secretary, in consultation with the Administrator, shall, not later than 180 days after such date, promulgate such regulations in final form, to take effect as soon as practicable after the date of promulgation of the regulations. (c) Report.--If the Secretary determines under subsection (a) that taking any action referred to in paragraphs (1) through (3) of such subsection is not necessary to protect public safety, not later than the date of the determination, the Secretary shall submit a report to the appropriate committees of the Congress that provides the reasons for the determination. SEC. 8. SIGNAL PLACEMENT. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator, shall conduct a study of the placement of rail signals along railways. In conducting the study, the Secretary, acting through the Administrator, shall determine whether regulations should be promulgated to require-- (1) that a signal be placed along a railway at each exit of a rail station; and (2) if practicable, that a signal be placed so that it is visible only to the train employee of a train that the signal is designed to influence. (b) Regulations.--If, upon completion of the study conducted under subsection (a), the Secretary determines that the regulations referred to in that subsection are necessary for the protection of public safety, the Secretary shall, not later than 180 days after the completion of the study, promulgate those regulations. (c) Report.--If, upon completion of the study conducted under subsection (a), the Secretary determines that promulgating any of the regulations referred to in subsection (a) is not necessary for the protection of public safety, not later than the date of completion of the study, the Secretary shall submit a report to the appropriate committees of the Congress that provides the reasons for that determination.

Rail Safety Act of 1996 - Directs the Secretary of Transportation to promulgate regulations concerning limitations on the duty hours of train employees that are no less stringent than similar duty hour requirements under specified existing Federal transportation law, which are hereby repealed. Directs the Secretary to study: (1) the feasibility of requiring satellite-based train control systems to provide positive train control for railroad systems in the United States by January 1, 2001; and (2) the technical, structural, and economic feasibility of automatic train escape devices. Directs the Secretary, to the extent feasibility is determined, to promulgate regulations requiring installation of such control systems and train escape devices by specified dates. Directs the Secretary to establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety. Directs the Secretary to determine, and report to the appropriate congressional committees, whether to promulgate regulations for public safety purposes to: (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crash-worthiness standards for passenger cab cars; or (4) carry out any combination of the above. Directs the Secretary to: (1) study whether to promulgate regulations requiring placement of rail signals along railways in specified positions; and (2) promulgate such regulations if the requirement is determined necessary. Requires a report to the Congress if such placement is determined unnecessary.

Rail Safety Act of 1996

TITLE I--HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004 SEC. 101. SHORT TITLE. This title may be cited as the ``Harmful Algal Bloom and Hypoxia Amendments Act of 2004''. SEC. 102. RETENTION OF TASK FORCE. Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 nt) is amended by striking subsection (e). In developing the assessments, reports, and plans under the amendments made by this title, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management. SEC. 103. PREDICTION AND RESPONSE REPORT. Section 603 of such Act, as amended by section 102, is further amended by adding at the end the following: ``(d) Report to Congress on Harmful Algal Bloom Impacts.-- ``(1) Development.--Not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, the President, in consultation with the chief executive officers of the States, shall develop and submit to the Congress a report that describes and evaluates the effectiveness of measures described in paragraph (2) that may be utilized to protect environmental and public health from impacts of harmful algal blooms. In developing the report, the President shall consult with the Task Force, the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management, and also consider the scientific assessments developed under this Act. ``(2) Requirements.--The report shall-- ``(A) review techniques for prediction of the onset, course, and impacts of harmful algal blooms including evaluation of their accuracy and utility in protecting environmental and public health and provisions for their development; ``(B) identify innovative research and development methods for the prevention, control, and mitigation of harmful algal blooms and provisions for their development; and ``(C) include incentive-based partnership approaches regarding subparagraphs (A) and (B) where practicable. ``(3) Publication and opportunity for comment.--At least 90 days before submitting the report to the Congress, the President shall cause a summary of the proposed plan to be published in the Federal Register for a public comment period of not less than 60 days. ``(4) Federal assistance.--The Secretary of Commerce, in coordination with the Task Force and to the extent of funds available, shall provide for Federal cooperation with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as requested.''. SEC. 104. LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS. Section 603 of such Act, as amended by section 103, is further amended by adding at the end the following: ``(e) Local and Regional Scientific Assessments.-- ``(1) In general.--The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, to the extent of funds available, shall provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia or harmful algal blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appropriate State, Indian tribe, and local governments, and to the general public. ``(2) Purpose.--Local and regional assessments shall examine-- ``(A) the causes and ecological consequences, and the economic cost, of hypoxia or harmful algal blooms in that area; ``(B) potential methods to prevent, control, and mitigate hypoxia or harmful algal blooms in that area and the potential ecological and economic costs and benefits of such methods; and ``(C) other topics the Task Force considers appropriate. ``(f) Scientific Assessment of Freshwater Harmful Algal Blooms.-- (1) Not later than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 the Task Force shall complete and submit to Congress a scientific assessment of current knowledge about harmful algal blooms in freshwater, such as the Great Lakes and upper reaches of estuaries, including a research plan for coordinating Federal efforts to better understand freshwater harmful algal blooms. ``(2) The freshwater harmful algal bloom scientific assessment shall-- ``(A) examine the causes and ecological consequences, and the economic costs, of harmful algal blooms with significant effects on freshwater, including estimations of the frequency and occurrence of significant events; ``(B) establish priorities and guidelines for a competitive, peer-reviewed, merit-based interagency research program, as part of the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, to better understand the causes, characteristics, and impacts of harmful algal blooms in freshwater locations; and ``(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in freshwater locations. ``(g) Scientific Assessments of Hypoxia.--(1) Not less than once every 5 years the Task Force shall complete and submit to the Congress a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004. ``(2) The assessments under this subsection shall-- ``(A) examine the causes and ecological consequences, and the economic costs, of hypoxia; ``(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating hypoxia; ``(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring data; and ``(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. ``(h) Scientific Assessments of Harmful Algal Blooms.--(1) Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters. The first such assessment shall be completed not later than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 and shall consider only marine harmful algal blooms. All subsequent assessments shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries. ``(2) The assessments under this subsection shall-- ``(A) examine the causes and ecological consequences, and economic costs, of harmful algal blooms; ``(B) describe the potential ecological and economic costs and benefits of possible actions for preventing, controlling, and mitigating harmful algal blooms; ``(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of harmful algal blooms; and ``(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms. ``(i) National Scientific Research, Development, Demonstration, and Technology Transfer Plan on Reducing Impacts From Harmful Algal Blooms.--(1) Not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, the Task Force shall develop and submit to Congress a plan providing for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. ``(2) The plan shall-- ``(A) establish priorities and guidelines for a competitive, peer reviewed, merit based interagency research, development, demonstration, and technology transfer program on methods for the prevention, control, and mitigation of harmful algal blooms; ``(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph (1); and ``(C) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian Pacific Americans, and other underrepresented populations. ``(3) The Secretary of Commerce, in conjunction with other appropriate Federal agencies, shall establish a research, development, demonstration, and technology transfer program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation with Sea Grant Programs, that the results and findings of the program are communicated to State, Indian tribe, and local governments, and to the general public.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Section 605 of such Act is amended-- (1) by striking ``and'' after ``2000,'' in the first sentence and in the paragraphs (1), (2), (3), and (5); (2) by inserting ``$23,500,000 for fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and $25,500,000 for fiscal year 2008,'' after ``2001,'' in the first sentence; (3) by inserting ``, and $2,500,000 for each of fiscal years 2005 through 2008'' after ``2001'' in paragraph (1); (4) by inserting ``, and $6,500,000, of which $1,000,000 shall be used for the research program described in section 603(f)(2)(B), for each of fiscal years 2005 through 2008'' after ``2001'' in paragraph (2); (5) by striking ``2001'' in paragraph (3) and inserting ``2001, and $3,000,000 for each of fiscal years 2005 through 2008''; (6) by striking ``blooms;'' in paragraph (3) and inserting ``blooms and to carry out section 603(d);''; (7) by striking ``and 2001'' in paragraph (4) and inserting ``2001, and $6,000,000 for each of fiscal years 2005 through 2008''; (8) by striking ``and'' after the semicolon in paragraph (4); (9) by striking ``2001'' in paragraph (5) and inserting ``2001, $4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year 2008''; (10) by striking ``Administration.'' in paragraph (5) and inserting ``Administration; and''; and (11) by adding at the end the following: ``(6) $1,500,000 for each of fiscal years 2005 through 2008 to carry out section 603(e).''. TITLE II--MISCELLANEOUS SEC. 201. AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA KEY, FLORIDA. (a) In General.--The Secretary of Commerce may make available to the University of Miami real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for development by the University of a Marine Life Science Center. (b) Manner of Availability.--The Secretary may make property available under this section by easement, lease, license, or long-term agreement with the University. (c) Authorized Uses by University.-- (1) In general.--Property made available under this section may be used by the University (subject to paragraph (2)) to develop and operate facilities for multidisciplinary environmental and fisheries research, assessment, management, and educational activities. (2) Agreement.--Property made available under this section may not be used by the University (including any affiliate of the University) except in accordance with an agreement with the Secretary that-- (A) specifies-- (i) the conditions for non-Federal use of the property; and (ii) the retained Federal interests in the property, including interests in access to and egress from the property by Federal personnel and preservation of existing rights-of-way; (B) establishes conditions for joint occupancy of buildings and other facilities on the property by the University and Federal agencies; and (C) includes provisions that ensure-- (i) that there is no diminishment of existing National Oceanic and Atmospheric Administration programs and services at Virginia Key; and (ii) the availability of the property for planning, development, and construction of future Federal buildings and facilities. (3) Termination of availability.--The availability of property under this section shall terminate immediately upon use of the property by the University-- (A) for any purpose other than as described in paragraph (1); or (B) in violation of the agreement under paragraph (2). (d) Use of Facilities by Secretary.--The Secretary may-- (1) subject to the availability of funding, enter into an agreement to occupy facilities constructed by the University on property made available under this section; and (2) participate with the University in collaborative research at, or administered through, such facilities. (e) No Conveyance of Title.--This section shall not be construed to convey or authorize conveyance of any interest of the United States in title to property made available under this section. SEC. 202. CONVEYANCE OF NOAA VESSEL WHITING. (a) In General.--The Secretary of Commerce shall convey to the Government of Mexico, without consideration, all right, title, and interest of the United States in and to the National Oceanic and Atmospheric Administration vessel WHITING-- (1) for use as a hydrographic survey platform in support of activities of the United States-Mexico Charting Advisors Committee; and (2) to enhance coordination and cooperation between the United States and Mexico regarding hydrographic surveying and nautical charting activities in the border waters of both countries in the Gulf of Mexico and in the Pacific Ocean. (b) Operation and Maintenance.--The Government of the United States shall not be responsible or liable for any remediation, maintenance, or operation of a vessel conveyed under this section after the date of the delivery of the vessel to the Government of Mexico. (c) Deadline.--The Secretary shall seek to complete the conveyance by as soon as practicable after the date of the enactment of this Act. (d) Delivery of Vessel.--The Secretary shall deliver the vessel WHITING pursuant to this section at the vessel's homeport location of Norfolk, Virginia, at no additional cost to the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Harmful Algal Bloom and Hypoxia Amendments Act of 2004 - Harmful Algal Bloom and Hypoxia Amendments Act of 2004 - (Sec. 102) Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to remove the President's authority to disestablish the Interagency Task Force on Harmful Algal Blooms and Hypoxia. Requires the Task Force, in developing its assessments, reports, and plans, to consult with the coastal States, Indian tribes, local governments, appropriate industries, academic institutions, and nongovernmental organizations with expertise in coastal zone science and management. (Sec. 103) Directs the President, in consultation with the chief executive officers of the States and other specified entities, to develop and submit to Congress a report that describes and evaluates the effectiveness of measures that may be utilized to protect the environment and public health from the impacts of harmful algal blooms. Requires a period of public comment prior to submission of the report. (Sec. 104) Requires the Secretary of Commerce (Secretary) to provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary. Directs the Task Force to complete and submit to Congress scientific assessments of: (1) current knowledge about harmful algal blooms in freshwater, including a research plan for coordinating Federal efforts to better understand freshwater algal blooms; (2) hypoxia in U.S. coastal waters including the Great Lakes; and (3) harmful algal blooms in U.S. coastal waters. Requires the Task Force to develop and submit to Congress a plan providing for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. (Sec. 105) Authorizes appropriations. Title II: Miscellaneous - (Sec. 201) Authorizes the Secretary to make available to the University of Miami, by easement, lease, license, or long-term agreement, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA) on Virginia Key, Florida, for development by the University of a Marine Life Science Center. Authorizes the use of such property by the University for the development and operation of facilities for multidisciplinary environmental and fisheries research, assessment, management, and educational activities, subject to agreement with the Secretary. Authorizes the Secretary to enter into an agreement to occupy facilities constructed by the University on such property and to participate with the University in collaborative research at, or administered through, such facilities. (Sec. 202) Authorizes the Secretary to convey to the Government of Mexico, without consideration, all right, title, and interest of the United States in and to the NOAA vessel WHITING: (1) for use as a hydrographic survey platform in support of activities of the U.S.-Mexico Charting Advisors Committee; and (2) to enhance coordination between the United States and Mexico regarding hydrographic surveying and nautical charting activities in the border waters of both countries in the Gulf of Mexico and the Pacific Ocean.

A bill to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 2005''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes The applicable eligible for such benefits in: percentage is: 1979................................................... 55 1980................................................... 45 1981................................................... 35 1982................................................... 32 1983................................................... 25 1984................................................... 20 1985................................................... 16 1986................................................... 10 1987................................................... 3 1988................................................... 5. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 2005, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2006 not later than July 1, 2006, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 2005, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2006 not later than July 1, 2006, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2006. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2006, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.

To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Infrastructure Improvement and Inner City Job Creation Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. The Secretary of Labor (in this Act referred to as the ``Secretary'') shall provide grants to eligible administrative entities described in section 3(a) for the purpose of establishing and carrying out programs that provide employment opportunities to unemployed individuals through payments for labor and related costs associated with the repair and renovation of essential community facilities. SEC. 3. ELIGIBLE ADMINISTRATIVE ENTITIES. (a) In General.--An administrative entity shall be eligible to receive a grant under section 2 if the entity is-- (1) a private industry council (described under section 102 of the Job Training Partnership Act (29 U.S.C. 1512)), (2) a unit of general local government, (3) a nonprofit private organization, or (4) in the case of a grant involving a Native American Indian tribe or Alaska Native Village, a grantee designated under subsection (c) or (d) of section 401 of the Job Training Partnership Act, or a consortium of such grantees and the State, that serves 1 or more eligible jurisdictions described under subsection (b). (b) Eligible Jurisdiction.--An eligible jurisdiction described under this subsection is an area which has a poverty rate in excess of 30 percent and which is-- (1) a unit of general local government which has a population of 50,000 or more individuals; or (2) a Native American Indian tribe, band, or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group as defined in the Alaska Native Claims Settlement Act, having a governing body. (c) Priority.--In selecting administrative entities described in subsection (a) to receive a grant under section 2, priority shall be given to administrative entities that give assurances to the Secretary in the application submitted under section 4 that such entities will give priority to individuals who are low-skilled workers in selecting individuals to participate in programs established and carried out by such entities under section 5(a). SEC. 4. APPLICATION. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity submits to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 5. USE OF AMOUNTS. (a) In General.--Except as provided in subsection (b), the Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will use all amounts received from such grant to establish and carry out a program to provide wages and related employment benefits to eligible individuals described in subsections (a) and (b) of section 6 for the purpose of employing such individuals to repair and renovate essential community facilities that are located within the eligible jurisdiction that the entity serves, including-- (1) painting bridges; (2) repairing and renovating public buildings and other community facilities, including public libraries; (3) repairing and renovating public housing units; (4) repairing water systems and water development projects; (5) erecting or replacing traffic control signs and removing road sign obstructions; (6) replacing school crossing, intersection, and other road surface markings; (7) repairing roads and streets; (8) repairing and renovating parks and playgrounds; (9) installing and repairing drainage pipes and catch basins in areas subject to flooding; (10) installing graded ramps for individuals with disabilities; and (11) weatherizing community facilities and carrying out other energy conservation activities. (b) Administrative Costs.--Not more than 25 percent of amounts received from a grant under section 2 for any fiscal year may be used for the cost of administration and the acquisition of supplies, tools, and other equipment. SEC. 6. ELIGIBLE INDIVIDUALS. (a) In General.--An individual shall be eligible to participate in a program described in section 5(a) only if the individual-- (1) is an unemployed individual at the time of enrollment in such program; (2) has been unemployed, at a minimum, for the duration of the 15-week period immediately preceding the date of such enrollment; and (3) has made a good-faith attempt to obtain employment during such 15-week period. (b) Additional Requirement for Secondary School-Age Individuals.-- (1) In general.--In addition to meeting the requirements described in subsection (a), a secondary school-age individual shall be eligible to participate in a program described in section 5(a) only if the individual has not attended a secondary school for any part of the 6-month period immediately preceding the date of enrollment in such program. (2) Secondary school-age individual defined.--For purposes of paragraph (1), the term ``secondary school-age individual'' means an individual who has attained the age of 16 but has not attained the age of 20. (c) Priority.--In selecting individuals described in subsections (a) and (b) to participate in a program described in section 5(a), priority shall be given to the individuals who, at the time of selection to the program, have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly those individuals who have been unemployed for the longest periods of time preceding the date of their selection to the program. SEC. 7. NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program described in section 5(a) because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. SEC. 8. LABOR STANDARDS. The labor standards described under section 143 of the Job Training Partnership Act (29 U.S.C. 1553) shall apply for purposes of a program established under section 5(a). SEC. 9. MAINTENANCE OF EXPENDITURES. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will maintain its aggregate expenditures from all other sources for employing individuals to repair and renovate essential community facilities at or above the average level of such expenditures in the 2 fiscal years preceding the date on which the entity submits an application under section 4 to the Secretary. SEC. 10. REPORT. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will submit, for any fiscal year in which the entity receives a grant under such section, a report to the Secretary describing the use of such grant and any other information the Secretary determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out section 2 $5,000,000,000 for fiscal year 1994 and such sums as may be necessary for each succeeding fiscal year. (b) Availability.--Funds authorized to be appropriated under subsection (a) shall remain available until expended.

Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Gives grant priority to administratve entities that assure giving priority to low-skilled workers as program participants. Requires that eligible participants have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods. Authorizes appropriations.

Neighborhood Infrastructure Improvement and Inner City Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Individuals into the Workforce Act''. SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT SUBSIDIZED EMPLOYMENT FOR TANF RECIPIENTS TO ENTER THE WORKFORCE. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Subsidized Employment Demonstration Projects.-- ``(1) In general.--The Secretary shall make grants to States to conduct demonstration projects, at least one of which shall fund programs that offer apprenticeships registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), designed to implement and evaluate strategies that provide wage subsidies to enable low-income individuals to enter into and retain employment in an in-demand industry sector or occupation identified by the appropriate State or local workforce development board. ``(2) Application requirements.--The Secretary shall require each State that applies for a grant under this subsection to do the following: ``(A) Describe how wage subsidies will be provided (such as whether paid directly to the employer or the individual), the duration of the subsidies, the amount of the subsidies, the structure of the subsidies, and how employers will be recruited to participate in the subsidized employment program. ``(B) Describe how the State expects those participating in subsidized employment to be able to retain employment after the subsidy ends. ``(C) Describe how the State will coordinate subsidized employment funded under this subsection with other efforts to help low-income individuals, including individuals displaced or relocated from a public housing authority to an alternative public housing facility or placed on rental assistance, enter work as conducted by the State. ``(D) Describe how the State will coordinate subsidized employment funded under this subsection with the Federal Work-Study Program, career pathway (as defined in section 3(7) of the Workforce Innovation and Opportunity Act) services, and other Federal programs to help low-income individuals complete education and training programs and enter the workforce. ``(3) Use of funds.-- ``(A) In general.--A State to which a grant is made under this subsection may use the grant to subsidize the wages of an eligible recipient for a period not exceeding 12 months, and only to the extent that the total of the funds paid under this project and any other Federal funds so used with respect to the recipient does not exceed 50 percent of the amount of the wages received by the recipient during the period. ``(B) Eligible recipient.--For purposes of subparagraph (A), an eligible recipient is-- ``(i)(I) a recipient of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or ``(II) a noncustodial parent of a minor child who is receiving assistance referred to in subclause (I); ``(ii) who, at the time the subsidy begins, is unemployed; and ``(iii) whose income, at that time, is less than 200 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))). ``(4) Limitations.-- ``(A) Nondisplacement.--A State to which a grant is made under this subsection shall ensure that no participant in a subsidized job program funded in whole or in part under this subsection is employed or assigned to a job under the program-- ``(i) when any other individual is on layoff from the same or any substantially equivalent job; or ``(ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1). ``(B) Grievance procedure.--A State with a program funded under this subsection shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subparagraph (A). ``(C) No preemption.--Nothing in this paragraph shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. ``(5) Reports.--As a condition of receiving funds under this subsection for a fiscal year, a State shall submit to the Secretary, within 6 months after the end of the fiscal year, a report that-- ``(A) specifies, for each month of the fiscal year, the number of individuals whose employment is subsidized with these funds and the percentage of such individuals whose employment is in an area that matches their previous training and work experience; ``(B) describes the structure of the State activities to use the funds to subsidize employment, including the amount and duration of the subsidies provided; ``(C) describes the State's policies in effect during the fiscal year-- ``(i) to ensure nondisplacement as required under paragraph (4)(A); and ``(ii) to implement grievance procedures as required in (4)(B), including information on the number of grievance claims filed in the preceding fiscal year and the aggregate results of those claims; ``(D) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the second quarter after the subsidy ended; ``(E) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the fourth quarter after the subsidy ended; ``(F) specifies the median earnings of eligible recipients who received a subsidy who are in unsubsidized employment during the second quarter after the subsidy ended; and ``(G) specifies the number of eligible recipients who received a subsidy who concurrently received other Federal or State means-tested benefits during their subsidized employment. ``(6) Evaluation.--The Secretary, in consultation with each State conducting a demonstration project, shall conduct a high- quality evaluation of the demonstration project, including an analysis of the project's effect on eligible recipients who received additional credentialing and training during their subsidized employment or participation in an apprenticeship or career pathways program, and may reserve funds made available under this subsection to conduct the evaluation in accordance with the following: ``(A) Evaluator qualifications.--The Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well- implemented randomized controlled trials. ``(B) Methodologies to be used.--The evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence- based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(C) Public disclosure.--The Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public. ``(7) Recommendations to congress.--The Secretary shall submit recommendations to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on how to increase the employment, retention, and advancement of individuals currently or formerly receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). Such recommendations shall include recommendations on the effects of additional credentialing and training provided during subsidized employment or participation in an apprenticeship or career pathways program. Such recommendations shall include recommendations on how to address employment-related challenges in rural areas and among members of federally recognized Indian tribes. ``(8) Funding.--Of the amounts made available to carry out subsection (b) for fiscal year 2018, the Secretary shall reserve $100,000,000 to carry out this subsection. ``(9) Use of certain funds for career pathway programs.-- The Secretary shall use 15 percent of the amounts reserved to carry out this subsection, to fund programs that offer career pathway (as defined in section 3(7) of the Workforce Innovation and Opportunity Act) services. ``(10) Availability of funds.--Funds provided to a State under this subsection in a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2017. Passed the House of Representatives June 23, 2017. Attest: KAREN L. HAAS, Clerk.

Accelerating Individuals into the Workforce Act (Sec. 2) This bill amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to require the Administration for Children & Families (ACF) to make grants to states for demonstration projects that provide wage subsidies to enable low-income individuals to enter and retain employment. At least one of these demonstration projects shall fund programs that offer apprenticeships registered under the National Apprenticeship Act. States may use grant funds to subsidize an individual's wages for up to 12 months. The subsidy may be up to 50% of an individual's wages. Individuals are eligible for subsidized wages if they: (1) are recipients of TANF or similar state assistance or a noncustodial parent of a child receiving such assistance, (2) are unemployed when the subsidy begins, and (3) have an income below 200% of the poverty line. States must ensure that participants in subsidized job programs do not displace current workers.The ACF must reserve funding to carry out the bill from amounts in the Contingency Fund for State Welfare Programs.

Accelerating Individuals into the Workforce Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 1999''. SEC. 2. CHILD SAFETY LOCKS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means a device or locking mechanism-- ``(A) that-- ``(i) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; ``(ii) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or ``(iii) is a safe, gun safe, gun case, lock box, or other device that is designed to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means; and ``(B) that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred.''. (b) Unlawful Acts.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices.-- ``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a firearm for law enforcement purposes (whether on or off duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for purposes of law enforcement (whether on or off duty).''. (2) Effective date.--Section 922(y) of title 18, United States Code, as added by this subsection, shall take effect 180 days after the date of enactment of this Act. (c) Liability; Evidence.-- (1) Liability.--Nothing in this section shall be construed to-- (A) create a cause of action against any firearms dealer or any other person for any civil liability; or (B) establish any standard of care. (2) Evidence.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section. (3) Rule of construction.--Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(y) of that title. (d) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''.

Child Safety Lock Act of 1999 - Amends the Brady Handgun Violence Prevention Act to define (firearm) "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities. Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care. Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act. Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.

Child Safety Lock Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging and Energizing America's Apprenticeship Programs Act'' or the ``LEAP Act''. SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each apprentice of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. ``(b) Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprentice for each taxable year is equal to-- ``(1) in the case of an apprentice who has not attained 25 years of age at the close of the taxable year, $1,500, or ``(2) in the case of an apprentice who has attained 25 years of age at the close of the taxable year, $1,000. ``(c) Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprentice. ``(d) Apprentice.--For purposes of this section, the term `apprentice' means any employee who is employed by the employer-- ``(1) in an officially recognized apprenticeable occupation, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, and ``(2) pursuant to an apprentice agreement registered with-- ``(A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or ``(B) a recognized State apprenticeship agency, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. ``(e) Applicable Apprenticeship Level.-- ``(1) In general.--For purposes of this section, the applicable apprenticeship level shall be equal to-- ``(A) in the case of any apprentice described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number; and ``(B) in the case of any apprentices described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. ``(2) First year of new apprenticeship programs.--In the case of an employer which did not have any apprentices during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. ``(f) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(g) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency.

LEAP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Regulation Cost Review Act of 2004''. SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES. (a) Requirement.--Chapter 6 of title 5, United States Code, is amended by inserting after section 610 the following new section: ``Sec. 610a. Periodic review of major rules ``(a) Requirement for Review of Major Rules.--Not later than 180 days after the date of the enactment of the Major Regulation Cost Review Act of 2004, each agency shall publish in the Federal Register a plan for the periodic review of all the major rules issued by the agency. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. ``(b) Purpose of Review.--The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes. ``(c) Review Within Five Years.--The plan shall provide for the review of all such agency rules existing on the effective date of the Major Regulation Cost Review Act of 2004 within five years after that date and for the review of such rules adopted after such effective date within five years after the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. ``(d) Factors to Consider.--In reviewing major rules in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors: ``(1) The continued need for the rule. ``(2) The nature of complaints or comments received concerning the rule from the public. ``(3) The complexity of the rule. ``(4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. ``(e) Cost-Benefit Analysis.--The review shall include a cost- benefit analysis of the rule, using the standard cost-benefit methodology included in Office of Management and Budget Circular A-4 (relating to regulatory analysis and issued September 17, 2003). The cost-benefit analysis shall include an identification and consideration of a range of less costly regulatory alternatives. ``(f) Publication of List of Rules to Be Reviewed.--Each year, each agency shall publish in the Federal Register a list of the major rules which are to be reviewed pursuant to this section during the succeeding 12 months and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget under paragraph (4) of section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as added by section 3 of the Major Regulation Cost Review Act of 2004). The list shall include a brief description of each such major rule and the need for and legal basis of such rule, and shall invite public comment upon the rule. ``(g) Major Rule Defined.--In this section, the term `major rule' has the meaning provided by section 804 of this title.''. (b) Clerical Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by inserting after the item relating to section 610 the following new item: ``610a. Periodic review of major rules.''. SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT. (a) Requirement to Include List of Rules to Be Reviewed in Annual Accounting Statement.--Section 624(a) of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) a list of the major rules which are to be reviewed by each agency, during the year following the year in which the statement and report are submitted, pursuant to section 610a of title 5, United States Code.''. (b) Requirement to Use Agency Cost-Benefit Estimates in Annual Accounting Statement.--Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out subsection (a), the Director of the Office of Manage

Major Regulation Cost Review Act of 2004 - Amends Federal civil service law to require each Federal agency to publish in the Federal Register a plan, which may be amended at any time by publishing a revision, for the periodic review of all the major rules issued by the agency. Requires that the plan provide for review within five years after publication as a final rule, with a five year extension permitted. Directs the agency, in reviewing major rules, to consider: (1) the continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires that: (1) the review include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives; and (2) each year each agency publish a list of the major rules which are to be reviewed and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget. Makes conforming changes to the Treasury and General Government Appropriations Act, 2001.

To require agencies to review all major rules within 10 years after issuance, including a cost-benefit analysis using a standard government-wide methodology, and for other purposes.