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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Kidney Disease Management Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Clinical research indicates that in 2003, more than 300,000 Americans suffer from end-stage renal disease. (2) Clinical research also indicates that by 2010, the number of Americans who will suffer from end-stage renal disease is expected to exceed 600,000. (3) Clinical research also indicates that adult patients who are diagnosed as having advanced chronic kidney disease have a high likelihood of requiring treatment for end-stage renal disease within 6- to 18-month period after such diagnosis. (4) Clinical research also indicates that appropriate medical treatment, and education and counseling services, furnished during the period referred to in paragraph (3) has been found to-- (A) decrease significantly both morbidity and mortality rates for such patients when treatment for end-stage renal disease is initiated; and (B) slow down the progression from advanced kidney disease to end-stage renal disease. SEC. 3. DELAYING ONSET OF AND DECREASING MORBIDITY AND MORTALITY RATES FOR END-STAGE RENAL DISEASE. (a) Medicare Coverage of Chronic Kidney Disease Patients.-- (1) In general.--Section 226A of the Social Security Act (42 U.S.C. 426-1) is amended-- (A) by redesignating the last subsection as subsection (e); and (B) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding any provision to the contrary in section 226 of title XVIII, every qualified chronic kidney disease patient (as defined in paragraph (2)) shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title XVIII, subject to the deductible, premium, and coinsurance provisions of that title. ``(B) No qualified chronic kidney disease patient may enroll under part C of title XVIII. ``(2) For purposes of this subsection, the term `qualified chronic kidney disease patient' means an individual-- ``(A) who would otherwise be described in subsection (a) but for paragraph (2) of that subsection; ``(B) who has been diagnosed with chronic kidney disease; ``(C) with respect to whom, a physician makes a certification that the individual-- ``(i) has advanced chronic kidney disease (as defined in paragraph (3)), and, in the case of such an individual who is under 18 years of age, will likely need dialysis treatments or a kidney transplant within the 18-month period beginning on the date of the certification; and ``(ii) may benefit from a program of pre-ESRD services (as defined in section 1861(ww)(1)); and ``(D) who does not have health insurance coverage, as certified by the individual, parent, or legal guardian, as the case may be. ``(3) For purposes of this subsection, the term `advanced chronic kidney disease' means with respect to kidney disease a glomerular filtration rate of 30ml/min per 1.73 m2 or less.''. (2) Conforming amendment.--Section 1811 of such Act (42 U.S.C. 1395c) is amended by inserting before the period the following: ``or who are qualified chronic kidney disease patients (as defined in section 226A(d)(2))''. (3) Effective date.--The amendments made by this subsection shall take effect on the date that is 6 months after the date of the enactment of this Act. (b) Coverage of Pre-ESRD Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (U); (B) by inserting ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) pre-ESRD services (as defined in subsection (ww)(1)) for an individual who has been diagnosed with chronic kidney disease and, with respect to whom, a physician makes a certification described in section 226A(d)(2)(C);''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Pre-ESRD Services ``(ww) The term `pre-ESRD Services' means any or all of the following services: ``(1) Individual and group nutritional counseling services for the purpose of chronic kidney disease management that are furnished by a registered dietitian or nutrition professional (as defined in subsection (vv)(2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(2) Counseling furnished by qualified health care providers that-- ``(A) provides comprehensive information regarding the management of comorbidities, and the prevention of uremic complications; ``(B) ensures active participation of the individual in the choice of therapy or therapies; and ``(C) provides comprehensive information regarding modalities of treatment for kidney disease and end- stage renal disease, including organ transplantation, hemodialysis, peritoneal dialysis, and home dialysis. ``(3) Counseling, items and services, including tissue typing, furnished by qualified health care providers for preparation of possible organ transplantation. ``(4) Items and services furnished by qualified health care providers for the preparation of vascular access required for dialysis treatment. ``(5) Such other services as the Secretary determines appropriate, in consultation with national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services.''. (3) Qualification criteria.--The Secretary of Health and Human Services shall establish such criteria as the Secretary determines appropriate for qualifications required for individuals to furnish pre-ESRD services under section 1861(ww) of the Social Security Act, as added by paragraph (2), after consulting with representatives of the following: (A) Physicians, including board certified nephrologists. (B) Certified nephrology nurses. (C) Certified nephrology dietitians. (D) Certified nephrology nutritionists. (E) Certified nephrology social workers. (F) Kidney patient organizations. (G) Health educators. (H) Dialysis facilities. (I) Transplant centers. (J) Network administrative organization designated under section 1881(c) of the Social Security Act (42 U.S.C. 1395rr(c)). (K) Such other individuals with appropriate expertise as the Secretary may specify. (c) Payment Amount.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to pre-ESRD services, the amount paid shall be 80 percent of the amount determined under the fee schedule established under section 1834(e)''. (2) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Fee Schedule for Pre-ESRD Services.-- ``(1) In general.--The Secretary shall establish a fee schedule for payment for pre-ESRD services in accordance with the requirements of this subsection. ``(2) Considerations.--In establishing such fee schedule, the Secretary shall-- ``(A) establish mechanisms to promote the efficient delivery of care; ``(B) establish definitions for pre-ESRD services which link payments to the type of services provided; ``(C) consider appropriate regional and operational differences; and ``(D) consider adjustments to payment rates to account for inflation and other relevant factors. ``(3) Consultation.--In establishing the fee schedule for pre-ESRD services under this subsection, the Secretary shall consult with various national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(4) Coding system.--The Secretary may require the claim for any services for which the amount of payment is determined under this subsection to include a code (or codes) under a uniform coding system specified by the Secretary that identifies the services furnished.''. (3) Permitting dialysis facilities to bill for pre-esrd services furnished in the facility.--Section 1881(b) is amended by adding at the end the following new paragraph: ``(12) A renal dialysis facility may provide for the furnishing of some or all pre-ESRD services (as defined in section 1861(ww)(2). The facility may submit to the Secretary a claim for payment for such services furnished in the facility, and the Secretary shall not require the facility, or the employee of the facility who is qualified to furnish such services, to apply for a separate provider number for purposes of payment under this title.''. (d) Annual Reports to Congress.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress reports on the matters described in paragraph (2) with respect to pre-ESRD services (described in section 1861(ww) of the Social Security Act) furnished during the preceding year. (2) Matters described.--Reports under paragraph (1) shall include-- (A) an assessment of the number of medicare beneficiaries who are entitled to pre-ESRD services; (B) an assessment of the number of medicare beneficiaries who are furnished such services under the medicare program; (C) an analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries who are furnished such pre-ESRD services as compared to such outcomes and costs with respect to other beneficiaries for the same health conditions; (D) an evaluation of patient satisfaction; and (E) such recommendations for legislative and administrative action as the Secretary determines appropriate. SEC. 4. DEMONSTRATION PROJECT FOR HOME DIALYSIS PEER EDUCATION. (a) Establishment.--Subject to the succeeding provisions of this section, the Secretary shall establish demonstration projects to evaluate methods through which peer education may-- (1) slow down or prevent the progress of kidney disease to end-stage renal disease in medicare beneficiaries; (2) improve the management of co-morbid conditions associated with kidney disease; (3) improve choice in selection of renal replacement therapies (including home dialysis); and (4) improve other outcomes (such as employment). (b) Conduct Through Kidney Patient Organizations.--The Secretary shall carry out the demonstration projects in collaboration with kidney patient organizations with demonstrated expertise in kidney patient peer education programs. (c) Payment.--Payment under the demonstration project shall be made by the Secretary in such amounts and using such methodology as the Secretary determines to be appropriate. (d) Voluntary Participation.--Participation of medicare beneficiaries in the demonstration projects shall be voluntary. (e) Demonstration Projects Sites.--Not later than 1 years after the date of the enactment of this Act, the Secretary shall conduct no fewer than 2 demonstration projects established under this section. Of those demonstration projects, the Secretary shall conduct at least one in an urban area and one in a rural area. (f) Duration.--The Secretary shall carry out the demonstration projects over a period of three years. (g) Evaluation and Report.-- (1) Evaluations.--The Secretary shall conduct evaluations of the clinical and cost effectiveness of the demonstration projects. (2) Reports.--After the conclusion of the demonstration projects under this section, the Secretary shall submit to Congress a report on the evaluation, and shall include in the report the following: (A) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the projects as compared to such outcomes and costs to other beneficiaries for the same health conditions. (B) Evaluation of patient satisfaction under the demonstration projects. (C) Such recommendations regarding the extension or expansion of the projects as the Secretary determines appropriate. (h) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary for the purposes of carrying out the demonstration project.

Medicare Chronic Kidney Disease Management Act of 2003 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act. Provides for pre-end stage renal disease (pre-ESRD) professional nutritional and other counseling and related services and items for individuals diagnosed with chronic kidney disease. Directs the Secretary of Health and Human Services to establish demonstration projects to evaluate methods through which kidney patient peer education may: (1) slow down or prevent the progress of kidney disease to end-stage renal disease in Medicare beneficiaries; (2) improve the management of co-morbid conditions associated with kidney disease; (3) improve choice in selection of renal replacement therapies (including home dialysis); and (4) improve other outcomes (such as employment).

To amend the Social Security Act to provide for coverage under the Medicare Program of chronic kidney disease patients who are not end-stage renal disease patients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (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. SEC. 3. TERMS AND CONDITIONS. (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 appropriations 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 appropriations Act. SEC. 4. COVERAGE. 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. SEC. 5. EXPENDITURES 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. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. 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. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. 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 Affairs 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.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017'' or the ``OPEN Act''. SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. (a) In General.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505F of such Act (21 U.S.C. 355g) the following: ``SEC. 505G. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW INDICATION FOR A RARE DISEASE OR CONDITION. ``(a) Designation.-- ``(1) In general.--The Secretary shall designate a drug as a drug approved for a new indication to prevent, diagnose, or treat a rare disease or condition for purposes of granting the extensions under subsection (b) if-- ``(A) prior to approval of an application or supplemental application for the new indication, the drug was approved or licensed under section 505(c) of this Act or section 351(a) of the Public Health Service Act but was not so approved or licensed for the new indication; ``(B)(i) the sponsor of the approved or licensed drug files an application or a supplemental application for approval of the new indication for use of the drug to prevent, diagnose, or treat the rare disease or condition; and ``(ii) the Secretary approves the application or supplemental application; and ``(C) the application or supplemental application for the new indication contains the consent of the applicant to public notice under paragraph (4) with respect to the designation of the drug. ``(2) Revocation of designation.-- ``(A) In general.--Except as provided in subparagraph (B), a designation under paragraph (1) shall not be revoked for any reason. ``(B) Exception.--The Secretary may revoke a designation of a drug under paragraph (1) if the Secretary finds that the application or supplemental application resulting in such designation contained an untrue statement of material fact. ``(3) Notice to public.--The Secretary shall provide public notice of the designation of a drug under paragraph (1). ``(b) Extension.-- ``(1) In general.--If the Secretary designates a drug as a drug approved for a new indication for a rare disease or condition, as described in subsection (a)(1)-- ``(A)(i) the 4-, 5-, and 7\1/2\-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, and the 7-year period described in section 527, as applicable, shall be extended by 6 months; or ``(ii) the 4- and 12-year periods described in subparagraphs (A) and (B) of section 351(k)(7) of the Public Health Service Act and the 7-year period described in section 527, as applicable, shall be extended by 6 months; and ``(B)(i) if the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 or a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions); or ``(ii) if the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions). ``(2) Relation to pediatric and qualified infectious disease product exclusivity.--Any extension under paragraph (1) of a period shall be in addition to any extension of the periods under sections 505A and 505E of this Act and section 351(m) of the Public Health Service Act, as applicable, with respect to the drug. ``(c) Limitations.--Any extension described in subsection (b)(1) shall not apply if the drug designated under subsection (a)(1) has previously received an extension by operation of subsection (b)(1). ``(d) Definition.--In this section, the term `rare disease or condition' has the meaning given to such term in section 526(a)(2).''. (b) Application.--Section 505G of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to a drug for which an application or supplemental application described in subsection (a)(1)(B)(i) of such section 505G is first approved under section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of the enactment of this Act. (c) Conforming Amendments.-- (1) Relation to pediatric exclusivity for drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in paragraph (1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in paragraph (1) shall be in addition to any extensions under section 505G.''; and (B) in subsection (c), by adding at the end the following: ``(3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition.--Notwithstanding the references in paragraph (1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in paragraph (1) shall be in addition to any extensions under section 505G.''. (2) Relation to exclusivity for new qualified infectious disease products that are drugs.--Subsection (b) of section 505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f) is amended-- (A) by amending the subsection heading to read as follows: ``Relation to Pediatric Exclusivity and Exclusivity for a Drug Approved for a New Indication for a Rare Disease or Condition.--''; and (B) by striking ``any extension of the period under section 505A'' and inserting ``any extension of the periods under sections 505A and 505G, as applicable,''. (3) Relation to pediatric exclusivity for biological products.--Section 351(m) of the Public Health Service Act (42 U.S.C. 262(m)) is amended by adding at the end the following: ``(5) Relation to exclusivity for a biological product approved for a new indication for a rare disease or condition.--Notwithstanding the references in paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in such paragraphs shall be in addition to any extensions under section 505G.''.

Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017 or the OPEN Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to extend by six months the exclusivity period for a drug or biological product approved by the Food and Drug Administration (FDA) when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an orphan disease). HHS may revoke an extension if the application submitted to the FDA for the new indication contained an untrue material statement. HHS must notify the public of products that receive this extension and patents related to those products. Products may receive only one extension under this bill. Extensions under this bill are in addition to other extensions. The bill applies only to products approved after enactment of this bill for a new indication that is a rare disease or condition.

Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety, Accountability, and Funding Efficiency for Transportation Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) to ensure that taxpayers receive safe, high quality transportation services at the best possible price, a government agency carrying out a surface transportation project should conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor; and (2) by conducting the cost-benefit analysis, a government agency will be able to determine if it is cost effective and in the public interest to use a private contractor or government employees in procuring such services. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Architectural, engineering, and related services.--The term ``architectural, engineering, and related services'' means architectural, landscape architectural, environmental, engineering, land surveying, construction project management, and construction inspection services and services related to permitting and environmental studies, the preparation of plans, specifications, and estimates, and the acquisition of rights- of-way. (2) Private contract.--The term ``private contract'' means an agreement between a government agency and a private contractor. (3) Government agency.--The term ``government agency'' means a State, local, regional, interregional, or other governmental entity that receives Federal funds to carry out surface transportation projects. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (5) Surface transportation project.--The term ``surface transportation project'' means a project eligible for assistance under title 23, United States Code, a capital project (as defined in section 5302 of title 49, United States Code), and any other project related to surface transportation that the Secretary determines appropriate. SEC. 4. COST-BENEFIT ANALYSIS. (a) In General.--For fiscal year 2009 and each fiscal year thereafter, Federal funds made available to carry out a surface transportation project may be used by a government agency to enter into a private contract of $100,000 or more to procure architectural, engineering, and related services only if the government agency conducts a cost-benefit analysis for the private contract in accordance with the requirements of this section. (b) Components.--A cost-benefit analysis conducted by a government agency for a private contract under subsection (a) shall contain, at a minimum, the following: (1) A description of the services to be performed under the private contract. (2) An estimate of the cost of procuring the services under the private contract, including the price of the contract, the cost to the government agency of negotiating and awarding the contract, and the cost to the government agency of inspecting, supervising, monitoring, and overseeing the contract. (3) An estimate of the cost of having the services performed by the government agency (or a government agency assisting such agency), including staff salaries and benefits, office facilities and space, equipment and materials, and other costs that can be reasonably attributed to the performance of the services and that would not otherwise be incurred by the government agency. (4) A determination as to whether the services would be procured more quickly by entering into the private contract or by having the services performed by the government agency (or a government agency assisting such agency). (5) A determination as to whether the government agency will provide equipment and materials under the private contract and an estimate of the cost of any such equipment and materials. (6) An estimate of the cost of unemployment compensation or other benefits likely to be paid to any employees of the government agency displaced as a result of the private contract. (7) An estimate of the cost to the government agency of resuming performance of the service to be performed under the private contract. SEC. 5. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS. If, after conducting a cost-benefit analysis for a private contract under section 4, a government agency finds that it is in the public interest to enter into the contract, the agency shall, at least 30 days before entering into the contract-- (1) submit the results and accompanying materials to the Secretary for review; (2) provide the results and accompanying materials to any individual or entity that registers with the agency to receive the results; and (3) make the results and accompanying materials available for public inspection, including publication of the results on the Internet. SEC. 6. COMMENTS. In the 15-day period following the date of publication by a government agency of the results of a cost-benefit analysis for a private contract under section 4-- (1) employees of the agency and other interested parties may submit to the agency written comments refuting the accuracy of results; and (2) employees of the agency may submit to the agency a competitive bid to provide the services that would otherwise be performed under the contract. SEC. 7. USE OF QUALIFICATION-BASED SELECTION CRITERIA. In procuring architectural, engineering, and related services from private sources using Federal funds as part of a surface transportation project, a government agency shall use the procedures for procuring architectural and engineering services under chapter 11 of title 40, United States Code, or equivalent State qualifications-based requirements. SEC. 8. SPECIALTY, EMERGENCY, TEMPORARY WORK. Upon the request of a government agency, the Secretary may waive the application of this Act with respect to a private contract if the Secretary determines that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because the work is of an emergency, specialty, or intermittent nature and would likely cause regular periods of underutilization of government employees.

Safety, Accountability, and Funding Efficiency for Transportation Act of 2007 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project. Provides for public disclosure of the results of such cost-benefit analysis if the government agency determines it is in the public interest to enter into the contract. Authorizes the waiver of such requirements if it is determined that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because such work is of an emergency, specialty, or intermittent nature.

To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Express Appeals Act''. SEC. 2. PILOT PROGRAM ON FULLY DEVELOPED APPEALS. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section. (b) Election.-- (1) Filing.--In accordance with paragraph (2), a claimant may elect to file a fully developed appeal under the pilot program under subsection (a) by filing with the Secretary the following: (A) The notice of disagreement under chapter 71 of title 38, United States Code, along with the written election of the claimant to have the appeal determined under the pilot program. (B) All evidence that the claimant believes is needed for the appeal as of the date of the filing. (C) A statement of the argument in support of the claim, if any. (2) Timing.--A claimant shall make an election under paragraph (1)-- (A) if the claimant has filed a traditional appeal with respect to the claim for disability compensation before the date on which the pilot program under subsection (a) commences, at any time during the traditional appeal process, notwithstanding paragraph (1)(A); or (B) if the claimant has not so filed a traditional appeal with respect to the claim for disability compensation before such date, as part of the notice of disagreement filed by the claimant in accordance with paragraph (1)(A). (3) Change of processing.--If a claimant described in paragraph (2)(A) seeks to elect to make an election under paragraph (1) to change a traditional appeal to a fully developed appeal, the Secretary shall-- (A) inform the claimant of whether, in light of such traditional appeal being processed, the claimant will achieve any time savings through such a fully developed appeal; and (B) if the claimant elects to file such fully developed appeal, process the fully developed appeal in accordance with this section to the extent practicable. (4) Reversion.--At any time, a claimant who makes an election under paragraph (1) may elect to revert to the traditional appeals process without any penalty to the claimant other than the loss of the docket number associated with the fully developed appeal. (5) Use of fully developed appeal.--A claimant may only make an election under paragraph (1) with respect to a claim for disability compensation filed by the claimant that is not, with respect to a claim previously decided by fully developed appeal, a petition to reopen the claim or a separate claim for an increased rating for the claim. (6) Outreach.--In providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection (a) is carried out, the Secretary shall provide to the claimant information regarding-- (A) the pilot program; (B) how to make an election under paragraph (1); (C) what documents the claimant must provide during the course of the appeals process; and (D) the ability of the claimant to seek advice and education regarding such process from veterans service organizations and attorneys recognized under chapter 59 of title 38, United States Code. (c) Treatment by Department and Board.-- (1) Process.--Upon the election of a claimant to file a fully developed appeal pursuant to subsection (b)(1), the Secretary shall-- (A) not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and (B) transfer jurisdiction over the fully developed appeal directly to the Board of Veterans' Appeals. (2) Docket.-- (A) The Board of Veterans' Appeals shall-- (i) maintain fully developed appeals on a separate docket than traditional appeals; (ii) hear fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket; (iii) except as provided by subparagraph (B), decide not more than one fully developed appeal for each four traditional appeals decided; and (iv) to the extent practicable, decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement. (B) Beginning one year after the date on which the pilot program under subsection (a) commences, the Board may adjust the number of traditional appeals decided for each fully developed appeal under subparagraph (A)(iii) if the Board determines that such adjustment is fair for both traditional appeals and fully developed appeals. (3) Limitation on use of new evidence.--A claimant may not submit to the Board of Veterans' Appeals any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the traditional appeals process pursuant to subsection (b)(4). (4) Prohibition on remand to regional office.--If the Board of Veterans' Appeals determines that a fully developed appeal requires Federal records, independent medical opinions, or new medical exams, the Board shall-- (A) in accordance with paragraph (5), take such actions as may be necessary to develop such records, opinions, or exams; (B) retain jurisdiction of the fully developed appeal without requiring a determination by the Veterans Benefits Administration based on such records, opinions, or exams; (C) ensure the claimant receives a copy of such records, opinions, or exams; and (D) provide the claimant a period of 45 days after the receipt of such records, opinions, or exams to provide the Board any additional evidence. (5) Development unit.-- (A) The Board of Veterans' Appeals shall establish an office to develop Federal records, independent medical opinions, and new medical exams pursuant to paragraph (4)(A) that the Board determines necessary to decide a fully developed appeal. (B) The Secretary shall-- (i) ensure that the Veterans Benefits Administration cooperates with the Board of Veterans' Appeals in carrying out subparagraph (A); and (ii) transfer employees of the Appeals Management Center of the Veterans Benefits Administration to the office of the Board established under subparagraph (A) in a number that the Secretary determines sufficient to carry out such subparagraph. (6) Hearings.--Notwithstanding section 7107 of title 38, United States Code, the Board of Veterans' Appeals may not provide hearings with respect to fully developed appeals. A claimant may request to hold a hearing pursuant to such section 7107 if the claimant reverts to the traditional appeals process pursuant to subsection (b)(4). (d) Duration; Application.--The Secretary shall carry out the pilot program under subsection (a) for a five-year period beginning one year after the date of the enactment of this Act. This section shall apply only to fully developed appeals that are filed during such period. (e) Reports.--During each year in which the pilot program under subsection (a) is carried out, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the pilot program. The first such report shall be submitted by not later than 180 days after the date on which the pilot program commences. Each report shall include-- (1) a recommendation for any changes to improve the pilot program; and (2) an assessment of the feasibility and advisability of expanding the pilot program. (f) Definitions.--In this section: (1) The term ``claimant'' has the meaning given that term in section 5100 of title 38, United States Code. (2) The term ``compensation'' has the meaning given that term in section 101 of title 38, United States Code. (3) The term ``fully developed appeal'' means an appeal of a claim for disability compensation that is-- (A) filed by a claimant in accordance with subsection (b)(1); and (B) considered in accordance with this section. (4) The term ``traditional appeal'' means an appeal of a claim for disability compensation that is not a fully developed appeal.

Express Appeals Act Directs the Secretary of Veterans Affairs to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Describes appeals filed under the pilot program as "fully developed appeals." Authorizes a claimant to elect to file a fully developed appeal by filing with the Secretary: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. Requires the Secretary to transfer jurisdiction over a fully developed appeal directly to the Board of Veterans' Appeals. Requires a claimant to make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) when the claimant files the notice of disagreement if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to a fully developed appeal as to whether any time will be saved. Allows a claimant who elects to file a fully developed appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain fully developed appeals on a separate docket; (2) hear fully developed appeals in the order received; (3) decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and (4) decide, to the extent practicable, each fully developed appeal within one year of a claimant's filing the notice of disagreement. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after a fully developed appeal is filed, and (2) a prohibition against the Board providing hearings for fully developed appeals. Directs the Board to establish an office to develop federal records, independent medical opinions, and new medical exams that the Board deems necessary to decide a fully developed appeal.

Express Appeals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Payday Loan Consumer Protection Amendments of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Payday lending is a rapidly expanding form of high- cost, short-term credit that uses a borrower's personal check as collateral and targets individuals with limited access to affordable credit who are in desperate need of cash to meet immediate obligations. (2) Consumer group studies indicate that the average annual percentage rate on payday loans nationally is 474 percent for a two-week loan, and that a typical payday loan is renewed ten or more times before repayment at equivalent annual interest rates that exceed 1000 percent. (3) While State law has traditionally prohibited such high cost lending through usury limits, small loan interest caps and other restrictions, these laws have either been revised to exempt payday loan transactions, or payday lenders have affiliated with insured depository institutions to invoke the most favored lender principle under Federal law to circumvent interest rate regulation in State law. (4) Lending that fails to assess borrowers ability to repay, that requires consumers to write checks on insufficient funds, that encourages perpetual debt or default on other obligations, and that facilitates violations of State law, is an unacceptable banking practice for insured depository institutions that threatens the safety of the participating institution and the broader banking system. (5) While Congress clearly intended for the credit protections of the Truth in Lending Act to apply broadly to all credit transactions, including payday loan transactions, and such application to payday loan transactions has been correctly affirmed in recent court decisions, the provision of Truth in Lending credit disclosures is not standard practice among payday lenders across the country and should be a more explicit requirement in Federal statutes and regulations. (b) Purpose.--It is the purpose of this Act to encourage fair lending practices by prohibiting insured depository institutions from engaging in any form of payday lending, by restricting the use of personal checks drawn on, or forms of withdrawals from, accounts at insured depository institutions for purposes of making payday loans, and by clarifying what the Congress has always intended by explicitly stating in the Truth in Lending Act that appropriate interest rate disclosure and other consumer protections of the Act do apply to all payday loans. SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(v) Prohibition on Certain Unsafe and Unsound Banking Practices.-- ``(1) In general.--An insured depository institution may not-- ``(A) make any payday loan, either directly or indirectly; or ``(B) make any loan to any other lender for purposes of financing a payday loan or refinancing or extending any payday loan. ``(2) Payday loan defined.--For purposes of this subsection, the term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer's authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. SEC. 4. TRUTH IN LENDING ACT AMENDMENTS. (a) Clarification of Application to Payday Loans.--For purposes of clarifying that payday loans have always been within the definition of credit, section 103(e) of the Consumer Credit Protection Act (15 U.S.C. 1602(e)) is amended, effective as of the date of the enactment of this Act, by inserting before the period at the end ``, including any payday loan (as defined in section 18(v)(2) of the Federal Deposit Insurance Act)''. (b) Prohibition on Certain Unsafe and Unsound Lending Practices.-- Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Prohibition on Payday Loans Based on Checks Drawn On, or Authorized Withdrawals From, Insured Depository Institutions.-- ``(1) In general.--A creditor may not make a payday loan to any person if the creditor knows or has reasonable cause to believe that-- ``(A) the personal check or share draft the creditor receives from the person, in exchange for the loan, is drawn on an insured depository institution or insured credit union; or ``(B) the account the creditor receives permission from the person to debit, in exchange for the loan, is a transaction account or share draft account at an insured depository institution or an insured credit union. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Insured credit union.--The term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act. ``(B) Insured depository institution.--The term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act. ``(C) Payday loan defined.--The term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer's authorization to debit the consumer's transaction or share draft account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. (c) Civil Liability.-- (1) In general.--Section 130(a)(2) of the Truth in Lending Act (15 U.S.C. 1640(a)(2)) is amended-- (A) in subparagraph (A)-- (i) by inserting ``clauses (i) and (ii) of'' after ``except that the liability under''; (ii) by striking ``$100'' and inserting ``$200''; and (iii) by striking ``$1,000'' and inserting ``$10,000''; and (B) in subparagraph (B), by striking ``lesser of $500,000 or 1 per centum of the net worth of the creditor'' and inserting ``greater of-- ``(i) the amount determined by multiplying the maximum amount of liability subparagraph (A) for each such failure to comply in an individual action by the number of members in the certified class; or ``(ii) the amount equal to 2 percent of the creditor''. (2) Technical and conforming amendments.--Section 130(a) of the Truth in Lending Act is amended-- (A) in the matter preceding paragraph (1), by striking ``equal to the sum of--'' and inserting ``equal to the sum of amounts determined under the following paragraphs, whichever apply:''; and (B) in the 4th sentence which begins after the end of paragraph (4) by striking ``disclosures referred to in section 128'' and inserting ``disclosures referred to in section 128(a)''. SEC. 5. EFFECTIVE DATE. Except as provided in section 4(a), which is a clarification of existing law, the requirements of this Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act and shall apply to payday loans initiated on or after such date and to an extension or renewal of a payday loan made on or after such date.

Federal Payday Loan Consumer Protection Amendments of 2001 - Amends the Federal Deposit Insurance Act with respect to any transaction (payday loan) in which a short-term cash advance is made to a consumer in exchange for: (1) the consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation is deferred by agreement of the parties until a designated future date; or (2) a consumer's authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.Prohibits an insured depository institution from making: (1) payday loans; and (2) any loan to any lender in order to either finance, refinance, or extend a payday loan.Amends the Consumer Credit Protection Act to redefine credit to include a payday loan.Amends the Truth in Lending Act to prohibit a creditor from making a payday loan if the creditor has reasonable cause to believe that: (1) the personal check or share draft received in exchange for such loan is drawn upon either an insured depository institution or insured credit union; or (2) the account debited in exchange for such loan is a transaction or share draft account at an insured depository institution or an insured credit union.Sets forth civil liabilities for violations of this Act.

To amend the Federal Deposit Insurance Act and the Truth in Lending Act to prohibit federally insured institutions from engaging in high-cost payday loans, to expand protections for consumers in connection with the making of such loans by uninsured entities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Overdraft Protection Fair Practices Act''. SEC. 2. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES. (a) Truth in Lending Act Amendments.-- (1) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection: ``(cc) Terms Relating to Short-Term Extensions of Credit Under Overdraft Protection Programs.-- ``(1) Overdraft protection fee.--The term `overdraft protection fee' means any fee or charge imposed in connection with any account on which checks or other debits are paid by the institution in which such account is held even though there are insufficient funds in the account to cover such checks or other debits, unless such fee or charge-- ``(A) is imposed on an incidental basis as a customer accommodation and no more than 3 such overdraft fees are imposed during any calendar year; ``(B) is imposed in connection with an extension of credit through an overdraft line of credit program where such fee or charge was considered a finance charge under this title, as in effect immediately prior to the enactment of the Consumer Overdraft Protection Fair Practices Act; or ``(C) has been disclosed in connection with a program under which the overdraft is covered by funds transferred from another deposit, share, or other asset account. ``(2) Other terms.-- ``(A) Check.--The term `check' has the same meaning as in section 3(6) of the Check Clearing for the 21st Century Act. ``(B) Other debits.--The term `other debits' includes withdrawals from an account by the consumer through an automated teller machine and electronic fund transfers from an account that are initiated or authorized by the consumer. ``(C) Electronic fund transfer.--The term `electronic fund transfer' has the same meaning as in section 903. ``(D) Account.--The term `account' means any account intended for use by and generally used by a consumer primarily for personal, family, or household purposes into which the consumer deposits funds. ``(E) Transaction account.--The term `transaction account' has the same meaning as in section 19(b)(1)(C) of the Federal Reserve Act.''. (2) Restrictions on overdraft protection programs or services.-- (A) In general.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``Sec. 140A. Restrictions on overdraft protection programs or services ``(a) In General.--In the case of any transaction account of a consumer at any institution, no overdraft protection fee may be imposed on such account for any extension of funds by the institution to cover any check or other debit for which there are insufficient funds in the consumer's account to pay such check or other debit, unless-- ``(1) the consumer has provided specific written consent to any program or service that provides for charging of such fees in connection with any such extension of funds; ``(2) such fee is imposed pursuant to the terms of a written agreement with the consumer which discloses, in a clear and conspicuous manner-- ``(A) the amount of any fee imposed in connection with paying an overdraft; ``(B) any applicable disclosure required by this title in connection with such extension of credit, including the disclosures required by section 127; ``(C) the categories of transactions for which a fee for payment of an overdraft may be imposed, including whether an overdraft created by withdrawals at automated teller machines or other electronic fund transfers will be covered and a fee imposed; ``(D) the time period by which the consumer must repay or cover any extension of credit in the form of payment of an overdraft; and ``(E) the circumstances under which the institution in which an account is held will not pay an overdraft; and ``(F) other information required to be disclosed by regulation; ``(3) such fee is separately and conspicuously disclosed, each time the fee is imposed, in any periodic statement provided to the consumer with respect to such account and is included in the calculation of the annual percentage rate as required by sections 107 and 127(b)(6). ``(b) Clarification Relating to Overdraft Fees.--In the case of any transaction account of a consumer at any institution, the prohibition against an overdraft protection fee under subsection (a) shall apply regardless of whether the amount of such fee is the same as, or less than, any fee imposed by the institution with respect to such account for a check or other debit that is returned unpaid. ``(c) Prohibition on Misrepresentations.--If any institution-- ``(1) will not extend funds under specific circumstances to cover an overdraft in any transaction account of a consumer at the institution; or ``(2) reserves the right to extend funds to pay any such overdraft on a discretionary basis, any representation by such institution that the institution will extend credit to cover all overdrafts on such account shall be a violation of this title.''. (B) Clerical amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 140 the following new item: ``140A. Restrictions on overdraft protection programs or services.''. (3) Restrictions on advertising of overdraft protection programs or services.-- (A) In general.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by adding at the end the following new section: ``Sec. 148. Restrictions on advertising of overdraft protection programs or services ``(a) In General.--In the case of an institution that maintains transaction accounts for consumers and offers a program or service under which the institution pays any overdraft on the account in exchange for payment of an overdraft protection fee, the institution may not make any of the following representations or statements with respect to such program or service in any advertisement or promotion: ``(1) Any representation or statement describing a transaction account as free or no cost if the account includes, or is promoted as including, overdraft protection services that involve the payment of overdraft protection fees. ``(2) Any representation or statement encouraging use of the account as a service to meet short-term credit needs or to obtain advances on a consumer's next payment of salary, wages, benefits, or other income. ``(3) Any representation or statement that the financial institution will honor all checks or other debits presented against the account, if the institution retains discretion at any time not to honor any check or other debit presented. ``(b) Regulations.--The Board shall prescribe regulations implementing the restrictions set forth in subsection (a) pursuant to the authority of the Board under section 18(f) of the Federal Trade Commission Act, and may, by regulation or order, restrict such additional acts or practices that the Board finds to be unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services.''. (B) Clerical amendment.--The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 147 the following new item: ``148. Restrictions on advertising of overdraft protection programs or services.''. (4) Clarification of finance charge.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding at the end the following new paragraph: ``(7) Overdraft protection fee.''. (b) Electronic Fund Transfer Act Amendments.--Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended by adding at the end the following new subsection: ``(e) Restrictions on Overdraft Protection Services and Fees.-- ``(1) In general.--A financial institution that holds a consumer's account may not impose an overdraft protection fee on the account in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer, unless-- ``(A) the consumer has affirmatively requested such service pursuant to section 140(a)(1), including specific consent to allowing overdrafts at an automated teller machine or by debit card at a point-of-sale terminal; ``(B) the financial has provided a notice to the consumer after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction, that the electronic fund transfer the consumer has requested will result in an overdraft protection fee, together with the amount of any such fee; ``(C) the consumer elects to continue in the manner necessary to effect the requested electronic fund transfer after receiving such notice; and ``(D) the overdraft protection fee imposed in connection with such transaction is clearly disclosed in the written documentation of the electronic fund transfer required by section 906(a). ``(2) Prohibition on fee in absence of notice.--If the notice required by paragraph (1)(B) is not feasible, the financial institution may not charge an overdraft protection fee in connection with any payment of an electronic fund transfer initiated by the consumer at an automated teller machine or by debit card at a point-of-sale terminal in spite of a lack of sufficient funds in the consumer's account to pay such electronic fund transfer. ``(3) Disclosure of account balances.--In the case of any financial institution that offers a program or service under which the institution pays any overdraft on a consumer's account in exchange for the imposition of an overdraft protection fee in accordance with paragraph (1), the financial institution shall, in response to a balance inquiry initiated by the consumer at an automated teller machine operated by the financial institution, disclose only the actual dollar balance in the consumer's account at the time of the request, which shall not include any additional amount of credit or overdraft protection the financial institution will pay under any agreement with the consumer that permits the imposition of the overdraft protection fee. ``(4) Overdraft protection fee defined.--For purposes of this subsection, the term `overdraft protection fee' has the same meaning as in section 103(cc)(1).''. (c) Expedited Funds Availability Act Amendments.-- (1) Definition.--Section 602 of the Expedited Funds Availability Act (12 U.S.C. 4001) is amended by adding at the end the following new paragraph: ``(26) Overdraft protection fee.--The term `overdraft protection fee' has the same meaning as in section 103(cc)(1) of the Truth in Lending Act.''. (2) Restrictions on overdraft protection fees.--Section 607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by adding at the end the following new subsection: ``(f) Restrictions on Overdraft Protection Fees.--A depository institution may not-- ``(1) impose an overdraft protection fee on an account at such institution for paying any check drawn on the account in spite of a lack of sufficient funds in the account to pay such check or any similar activity unless the accountholder has affirmatively requested such service pursuant to section 140(a)(1) of the Truth in Lending Act; or ``(2) engage in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in 1 or more overdrafts that trigger payment by the accountholder of an overdraft protection fee.''.

Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions upon overdraft protection fees or services placed upon a consumer account in order to cover any debit due to insufficient funds in such account. Prohibits certain misrepresentations made by an institution that it will extend credit to cover all overdrafts. Prohibits specified advertising claims regarding overdraft protection programs or services, including any representation or statement encouraging use of the account as a service to: (1) meet short-term credit needs; or (2) obtain advances on a consumer's next payment of salary, wages, benefits, or other income. Authorizes the Board of Governors of the Federal Reserve System to restrict additional acts or practices the Board deems unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services. Amends the Electronic Fund Transfer Act to set forth restrictions governing overdraft protection services and fees concerning payment of an electronic fund transfer initiated by the consumer at an automated teller machine (ATM) despite of a lack of sufficient funds in the consumer's account. Amends the Expedited Funds Availability Act to prohibit a depository institution from: (1) imposing overdraft protection fees for paying any check drawn on the account in spite of a lack of sufficient funds unless the account holder has affirmatively requested such service; or (2) engaging in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in an overdraft that triggers payment of an overdraft protection fee.

To extend the protections of the Truth in Lending Act to overdraft protection programs and services provided by depository institutions, to require customer consent before a depository institution may initiate overdraft protection services and fees, to enhance the information made available to consumers relating to overdraft protection services and fees, to prohibit systematic manipulation in the posting of checks and other debits to a depository account for the purpose of generating overdraft protection fees, and for other purposes.

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 Criteria.--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) 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 during the time that the institution was qualified and did not exceed 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 adequately capitalized, undercapitalized, significantly undercapitalized, or critically undercapitalized under section 38 of the Federal Deposit Insurance Act. (g) Regulations Required.--Not later than 180 days after the date of the enactment of this Act, each appropriate Federal banking agency shall promulgate final regulations implementing this section. (h) Alternative System Permitted.-- (1) In general.--This section shall not apply if, at the discretion of the appropriate Federal banking agency, 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.--For purposes of this section-- (1) the term ``adequately capitalized'' has the same meaning as in section 28(b) of the Federal Deposit Insurance Act; (2) the term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (3) the term ``capital standards'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (4) the term ``Federal banking agencies'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (5) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (6) the term ``other capital measures'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (7) the term ``recourse'' has the meaning given to such term under generally accepted accounting principles; (8) the term ``mortgage loan'' means-- (A) 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) a security (as such term is defined in 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; and (9) 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 one 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.

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.

Commercial Mortgage Capital Availability Act of 1993

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

Clatsop-Nehalem Restoration Act - Extends federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon. Restores all rights and privileges of the Tribe and the members of the Tribe under any federal treaty, Executive order, agreement, statute, or other federal authority that may have been diminished or lost under the Act approved August 13, 1954. Makes the provisions of such Act inapplicable to the Tribe and its members. Makes the Tribe and its members eligible to receive all federal services and benefits furnished to federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe. Deems members of the Tribe residing in Tillamook and Clatsop Counties in Oregon as residing on or near a reservation. Declares that no hunting, fishing, or trapping rights of the Tribe or of any member are granted or restored. Establishes and opens the membership roll of the Tribe.

Clatsop-Nehalem Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Affairs Inclusion Reporting Act'' or the ``FAIR Act''. SEC. 2. REPORT ON DIVERSITY RECRUITMENT, EMPLOYMENT, RETENTION, AND PROMOTION AT THE DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act and quadrennially thereafter, the Secretary of State shall submit to Congress a report that-- (1) describes the efforts, consistent with existing law, including procedures, effects, and results since the period covered by the prior such report, to promote in the Department of State equal opportunity and inclusion for all United States employees in direct hire and personal service contractors status, particularly employees of the Foreign Service, including equal opportunity for all races, ethnicities, ages, genders, and service-disabled veterans, with a focus on traditionally underrepresented minority groups; (2) includes a section on-- (A) the diversity of selection boards; (B) the employment of minority and service-disabled veterans during the most recent 10-year period, including-- (i) the number hired through direct hires, internships, and fellowship programs; (ii) the number promoted to senior positions, including FS-01, GS-15, Senior Executive Service, and Senior Foreign Service; and (iii) attrition rates by grade, civil and foreign services, and the senior level ranks specified in clause (ii); (C) mentorship and retention programs; and (3) is organized in terms of real numbers and percentages at all levels. (b) Contents.--Each report submitted under subsection (a) shall describe the efforts of the Department of State to-- (1) propagate fairness, impartiality, and inclusion in the work environment domestically and abroad; (2) eradicate harassment, intolerance, and discrimination; (3) refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) eliminate illegal retaliation against employees for participating in a protected equal employment opportunity activity; (5) provide reasonable accommodation for qualified employees and applicants with disabilities; (6) resolve workplace conflicts, confrontations, and complaints in a prompt, impartial, constructive, and timely manner; (7) improve demographic data availability and analysis regarding recruitment, hiring, promotion, training, length in service, assignment restrictions, and pass-through programs; (8) recruit a diverse staff by-- (A) recruiting women, minorities, veterans, and undergraduate and graduate students; (B) recruiting at historically Black colleges and universities, Hispanic serving institutions, women's colleges, and colleges that typically serve majority minority populations; (C) sponsoring and recruiting at job fairs in urban communities; (D) placing job advertisements in newspapers, magazines, and job sites oriented toward women and people of color; (E) providing opportunities through the Foreign Service Internship Program and other hiring initiatives; and (F) recruiting mid- and senior-level professionals through programs such as-- (i) the International Career Advancement Program; (ii) the Public Policy and International Affairs Fellowship Program; (iii) the Institute for International Public Policy Fellowship Program; (iv) Seminar XXI at the Massachusetts Institute of Technology's Center for International Studies; and (v) other similar, highly respected, international leadership programs; and (9) provide opportunities through-- (A) the Charles B. Rangel International Affairs Fellowship Program; and (B) the Thomas R. Pickering Foreign Affairs Fellowship Program. (c) Scope of Initial Report.--The first report submitted to Congress under subsection (a) shall include the information described in subsection (b) for the three fiscal years immediately preceding the fiscal year in which such first report is submitted. SEC. 3. EXPANSION OF THE CHARLES B. RANGEL INTERNATIONAL AFFAIRS PROGRAM AND THE THOMAS R. PICKERING FOREIGN AFFAIRS FELLOWSHIP PROGRAM. Beginning in fiscal year 2016, the Secretary of State shall-- (1) increase by ten the number of fellows selected for the Charles B. Rangel International Affairs Program; and (2) increase by ten the number of fellows selected for the Thomas R. Pickering Foreign Affairs Fellowship Program. SEC. 4. RETENTION OF MID- AND SENIOR-LEVEL PROFESSIONALS FROM UNDERREPRESENTED GROUPS AT THE DEPARTMENT OF STATE. (a) In General.--The Secretary of State should provide attention and oversight to the employment, retention, and promotion of underrepresented groups to promote a diverse ethnic representation among mid- and senior-level career professionals through programs, such as-- (1) the International Career Advancement Program; (2) Seminar XXI at the Massachusetts Institute of Technology's Center for International Studies; and (3) other highly respected international leadership programs. (b) Review of Past Programs.--The Secretary of State should review past programs designed to increase minority representation in international affairs positions, including-- (1) the Public Policy and International Affairs Fellowship Program; and (2) the Institute for International Public Policy Fellowship Program.

Foreign Affairs Inclusion Reporting Act or the FAIR Act This bill directs the Department of State to report to Congress within 180 days and quadrennially thereafter on State Department efforts to promote equal opportunity for all American employees in direct hire and personal service contractors status, particularly Foreign Service employees. Beginning in FY2016, the State Department shall: (1) increase by 10 the number of fellows selected for the Charles B. Rangel International Affairs Program, and (2) increase by 10 the number of fellows selected for the Thomas R. Pickering Foreign Affairs Fellowship Program. The State Department is urged to provide oversight to the employment, retention, and promotion of underrepresented groups to promote a diverse ethnic representation among mid- and senior-level career professionals through programs such as: (1) the International Career Advancement Program, (2) Seminar XXI at the Massachusetts Institute of Technology's Center for International Studies, and (3) other international leadership programs. The State Department is also urged to review past programs designed to increase minority representation in international affairs positions, including: (1) the Public Policy and International Affairs Fellowship Program, and (2) the Institute for International Public Policy Fellowship Program.

FAIR Act

SECTION 1. FINDINGS. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. (2) On May 6, 1942, Corregidor fell after a weeklong siege and its defenders were surrendered. On May 10, 1942, American forces under the command of Major General William F. Sharp surrendered after fighting the Japanese from April 29, 1942, to May 9, 1942, on the island of Mindanao in the southernmost portion of the Philippine Archipelago. It was on this date, May 10, 1942, that General Wainwright, as Supreme Allied Commander, surrendered all Allied Forces in the Philippine Archipelago. (3) Despite being cut off from supply lines and reinforcements, members of the Armed Forces and Philippine troops quickly executed a plan to delay the Japanese invasion and defend the Philippines against that invasion. (4) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (5) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. Because of the heroic actions of the defenders of Bataan, members of the Armed Forces and other Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (6) On April 9, 1942, Major General Edward King, whose troops suffered from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. (7) Over the next week, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. (8) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (9) Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. (10) The prisoners at Camp O'Donnell died at a rate of nearly 400 per day because of the poor conditions of the camp. (11) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. (12) Nearly 26,000 of the 50,000 Filipino prisoners of war died at Camp O'Donnell and survivors were gradually paroled from September through December 1942. (13) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (14) The campus of the University of Santo Tomas was converted to the Santo Tomas Internment Camp by the Japanese during their occupation of the Philippines. Santo Tomas became the initial internment camp for both the army and navy nurses, with the army and navy nurses remaining there until their liberation. (15) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (16) The veterans of Bataan represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (17) Over the subsequent decades, the veterans of Bataan formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. (18) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (19) Many of the survivors of Bataan have died and those who remain continue to tell their stories. (20) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the collective award, on behalf of Congress, of a single gold medal of appropriate design to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the American military personnel described under subsection (a). SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. (c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 4. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals 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 medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the collective award of a single Congressional Gold Medal to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. Following its award, the medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research. The bill expresses the sense of the Congress that the Smithsonian Institution should make the medal available for display at other locations, particularly at locations associated with such American military personnel.

To award a Congressional Gold Medal, collectively, to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Secretary of the Interior and the Secretary of Agriculture should adopt a nationwide policy for governing backcountry aviation issues related to the management of Federal land under the jurisdiction of those Secretaries and should require regional managers to adhere to that policy. (2) Aircraft landing strips serve an essential safety role as emergency landing areas. (3) Aircraft landing strips provide access to people who would otherwise be physically unable to enjoy national parks, national forests, and other Federal lands and serve an essential purpose in search and rescue, firefighting, forest, and ecological management, research, and aerial mapping. SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT LANDING STRIPS. (a) In General.--Neither the Secretary of the Interior nor the Secretary of Agriculture shall take any action which would permanently close or render or declare as unserviceable any aircraft landing strip located on Federal land under the administrative jurisdiction of either Secretary unless-- (1) the head of the aviation department of each State in which the aircraft landing strip is located has approved the action; (2) notice of the proposed action and the fact that the action would permanently close or render or declare as unserviceable the aircraft landing strip has been published in the Federal Register; (3) a 90-day public comment period on the action has been provided after the publication under paragraph (2); and (4) any comments received during the comment period provided under paragraph (3) have been taken into consideration by the Secretary of the Interior or the Secretary of Agriculture, as the case may be, and the head of the aviation department of each State in which the affected aircraft landing strip is located. (b) National Policy.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall-- (1) adopt a nationwide policy that is in accordance with this Act for governing backcountry aviation issues related to the management of Federal land under the jurisdiction of those Secretaries; and (2) require regional managers to adhere to that policy. (c) Requirements for Policies.--A policy affecting air access to an aircraft landing strip located on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, including the policy required by subsection (b), shall not take effect unless the policy-- (1) states that the Federal Aviation Administration has the sole authority to control aviation and airspace over the United States; and (2) seeks and considers comments from State governments and the public. (d) Maintenance of Airstrips.-- (1) In general.--The Secretary of the Interior and the Secretary of Agriculture shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip on Federal land under the jurisdiction of that Secretary is located; and (B) other interested parties, to ensure that such aircraft landing strips are maintained in a manner that is consistent with the resource values of the adjacent area. (2) Cooperative agreements.--The Secretary of the Interior and the Secretary of Agriculture may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips located on Federal land. (e) Exchanges or Acquisitions.--Closure or purposeful neglect of any aircraft landing strip, or any other action which would render any aircraft landing strip unserviceable, shall not be a condition of any Federal acquisition of or exchange involving private property upon which the aircraft landing strip is located. (f) New Aircraft Landing Strips Not Created.--Nothing in this Act shall be construed to create or authorize additional aircraft landing strips. (g) Permanently Close.--For the purposes of this Act, the term ``permanently close'' means any closure the duration of which is more than 180 days in any calendar year. (h) Applicability.-- (1) Aircraft landing strips.--This Act shall apply only to established aircraft landing strips on Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture that are commonly known and have been or are consistently used for aircraft landing and departure activities. (2) Actions, policies, exchanges, and acquisitions.-- Subsections (a), (c), and (e) shall apply to any action, policy, exchange, or acquisition, respectively, that is not final on the date of the enactment of this Act. (i) FAA Authority Not Affected.--Nothing in this Act shall be construed to affect the authority of the Federal Aviation Administration over aviation or airspace.

Directs the Secretaries to: (1) adopt a nationwide policy in accordance with this Act for governing backcountry aviation issues related to the management of Federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on Federal land (including any national policy required under this Act) shall not take effect unless certain conditions are met, including its statement that the FAA has the sole authority to control aviation and airspace over the United States.

Backcountry Landing Strip Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Family Enterprise Preservation Act of 1995''. SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS FOR FAMILY ENTERPRISES. (a) Estate Tax.--Section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Additional Credit For Family Enterprises.--The amount of the credit allowable under subsection (a) shall be increased by an amount equal to the value of any family enterprise property included in the decedent's gross estate under section 2040A(a), to the extent such value does not exceed $121,800.''. (b) Gift Tax.--Section 2505 of the Internal Revenue Code of 1986 (relating to unified credit against gift tax) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Additional Credit For Family Enterprises.--The amount of the credit allowable under subsection (a) for each calendar year shall be increased by an amount equal to-- ``(1) the value of gifts of family enterprise property (as defined in section 2040A(b)(1)), to the extent such value does not exceed $121,800, reduced by ``(2) the sum of the amounts allowable as a credit to the individual under this subsection for all preceding calendar periods.''. (c) Effective Dates.-- (1) Estate tax credit.--The amendments made by subsection (a) shall apply to the estates of decedents dying after December 31, 1995. (2) Gift tax credit.--The amendments made by subsection (b) shall apply to gifts made after December 31, 1995. SEC. 3. INCREASE IN ANNUAL GIFT TAX EXCLUSION. (a) In General.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: ``(c) Additional Exclusions From Gifts.--The amount of the exclusion allowable under subsection (b) during a calendar year shall be increased by an amount equal to the value of gifts of family enterprise property (as defined in section 2040A(b)(1)) made during such year, to the extent such value does not exceed $10,000.''. (b) Effective date.--The amendments made by this section shall apply to gifts made after December 31, 1995. SEC. 4. FAMILY ENTERPRISE PROPERTY. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2040 the following new section: ``SEC. 2040A. FAMILY ENTERPRISE PROPERTY. ``(a) General Rule.--The value included in the decedent's gross estate with respect to family enterprise property by reason of this section shall be-- ``(1) the value of such property, reduced by ``(2) the lesser of-- ``(A) 50 percent of the value of such property, or ``(B) $1,000,000. ``(b) Family Enterprise Property.-- ``(1) In general.--For purposes of this section, the term ``family enterprise property'' means any interest in real or personal property which is devoted to use as a farm or used for farming purposes (within the meaning of paragraphs (4) and (5) of section 2032A(e)) or is used in any other trade or business, if at least 80 percent of the ownership interest in such farm or other trade or business is held-- ``(A) by 5 or fewer individuals, or ``(B) by individuals who are members of the same family (within the meaning of section 2032A(e)(2)). ``(2) Limited partnership interests excluded.--An interest in a limited partnership (other than a limited partnership composed solely of individuals described in paragraph (1)(B)) shall in no event be treated as family enterprise property. ``(c) Tax Treatment of Dispositions and Failure To Use for Qualifying Use.-- ``(1) Imposition of additional estate tax.--With respect to family enterprise property inherited from the decedent, if within 10 years after the decedent's death and before the death of any individual described in subsection (b)(1)-- ``(A) such individual disposes of any interest in such property (other than by a disposition to a member of the individual's family), or ``(B) such individual or a member of the individual's family ceases to participate in the active management of such property, then there is hereby imposed an additional estate tax. ``(2) Amount of additional tax.--The amount of the additional tax imposed by paragraph (1) with respect to any interest in family enterprise property shall be the amount equal to the excess of the estate tax liability attributable to such interest (determined without regard to subsection (a)) over the estate tax liability, reduced by 5 percent for each year following the date of the decedent's death in which the individual described in subsection (b)(1) or a member of the individual's family participated in the active management of such family enterprise property. ``(3) Active management.--For purposes of this subsection, the term ``active management'' means the making of the management decisions of a business other than the daily operating decisions. ``(d) Additional Rules.--For purposes of this section, rules similar to the rules under paragraphs (3), (4), and (5) of section 2032A(c), paragraphs (7), (8), (9), (10), (11), and (12) of section 2032(e), and subsections (f), (g), (h), and (i) of section 2032A shall apply.''. (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2040 the following new item: ``Sec. 2040A. Family enterprise property.''. (c) Effective date.--The amendments made by this section shall apply to the estates of decedents dying after December 31, 1995. SEC. 5. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY. (a) In General.--Section 2032A(a)(2) of the Internal Revenue Code of 1986 (relating to limitation on aggregate reduction in fair market value) is amended by striking ``$750,000'' and inserting ``$1,000,000''. (b) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after December 31, 1995.

National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the unified estate and gift tax credit by creating: (1) an additional estate tax credit measured by the value of inherited family enterprise property (up to $121,800); (2) an additional gift tax credit equal to the value of gifts of family enterprise property (up to $121,800) minus the sum value of such tax credits for preceding calendar periods; and (3) an additional gift tax exclusion equal to the value of gifts of family enterprise property (up to $10,000). Includes in a decedent's estate the value of family enterprise property, reduced by 50 percent or by $1 million, whichever is less. Defines family enterprise property as an interest in real or personal property used for farming, business, or any other trade that is at least 80 percent owned by either: (1) five or fewer individuals who have not formed a limited partnership; or (2) members of the same family. Imposes an additional estate tax on a taxpayer who: (1) inherits family enterprise property; (2) qualifies for an estate tax credit; and (3) disposes of that property within ten years of the decedent's death, and before the death of another individual with an interest in the property. Defines the additional estate tax as past estate tax liability attributable to the taxpayer for interest in the family enterprise property (for which he received an estate tax credit) reduced by five percent for every year after the decedent's death that the taxpayer participated in the management of the family enterprise property. Increases from $750,000 to $1 million the amount of aggregate reduction permitted in the fair market value of certain farm, etc. real property taken into account for determining the gross estate.

National Family Enterprise Preservation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Disbursement of Offshore Oil Revenue Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) the demand for energy in the United States is increasing and will continue to increase for the foreseeable future; (2) domestic production of oil and gas is declining; (3) the United States continues to be overly dependent on foreign sources of oil and gas; (4) the Outer Continental Shelf contains significant quantities of oil and gas that should be developed to meet United States energy needs while safeguarding important environmental values; (5) the exploration, development, and production of Outer Continental Shelf resources, and the siting of related energy facilities, may impact various State and local governments; and (6) coastal States and counties should be provided with a share of the revenues derived from Outer Continental Shelf oil and gas leasing, exploration, development, and production activities. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``coastal State'' means any State of the United States bordering on the Atlantic Ocean, the Pacific Ocean, the Arctic Ocean, or the Gulf of Mexico; (2) the term ``coastal county'' means a unit of general government immediately below the level of State government, as determined by the Secretary under section 6, with jurisdiction over lands along the coast line; (3) the term ``coast line'' has the meaning given such term under the Submerged Lands Act (43 U.S.C. 1301 et seq.); (4) the term ``Outer Continental Shelf'' has the meaning given the term ``outer Continental Shelf'' under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (5) the term ``Secretary'' means the Secretary of the Interior; and (6) the term ``revenues'' means all bonuses, rents, royalties, and other moneys collected under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and interest thereon. SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND. (a) Establishment.--There is established an interest bearing account in the Treasury of the United States to be known as the Coastal Communities Outer Continental Shelf Receipt Fund (hereafter in this Act referred to as ``the Fund''). (b) Payments to Fund.--Beginning in fiscal year 2002, the Secretary shall pay into the Fund all revenues described in subsection (c) that are attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line. The Secretary may adjust amounts in the Fund at any time to account for overpayments, underpayments, and errors. (c) New Revenues.--Subsection (b) shall apply only to-- (1) bonus revenues under a lease if no bonus revenues have been received by the Secretary under that lease before January 1, 2001; (2) rent revenues under a lease if no rent revenues have been received by the Secretary under that lease before January 1, 2001; (3) royalty revenues under a lease if no royalty revenues have been received by the Secretary under that lease before January 1, 2001; and (4) other revenues under a lease if the lease was issued on or after January 1, 2001. SEC. 5. DISPOSITION OF FUND. (a) State Share.--(1) Six months after the end of fiscal year 2002, and annually thereafter, the Secretary shall pay from the Fund to each coastal State one-half of such revenues paid into the Fund with respect to the fiscal year most recently completed, and any interest earned thereon, as may be attributable to that State. (2) In order to determine to which State revenues are attributable for purposes of this Act, the Secretary shall delimit the lateral boundaries between the coastal States to a point 200 geographic miles seaward of the coast line. Such boundaries shall be set according to the following principles, listed in order of the priority of their application: (A) Any judicial decrees or interstate compacts delimiting lateral offshore boundaries between coastal States. (B) Principles of domestic and international law governing the delimitation of lateral offshore boundaries. (C) The desirability of following existing lease boundaries and block lines on the Secretary's official protraction diagrams. (3) Each coastal State, before receiving funds under this subsection, shall annually enact the necessary legislation to provide any State permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal State. If a State fails to enact such legislation, the funds attributable to that State shall not be disbursed, and the Secretary shall take into consideration that failure before offering any additional leases for sale in the offshore area adjacent to that State. (b) Coastal County Share.--(1) At the same time that the Secretary pays revenues to coastal States under subsection (a), the Secretary shall pay to coastal counties within that State the remaining one-half of the revenues, and any interest earned on those revenues, in the Fund for that fiscal year attributable to that State. (2) In order to determine to which coastal county revenues are attributable for purposes of this Act, the Secretary shall delimit the lateral boundaries between the coastal counties to a point 200 geographic miles seaward of the coast line. Such boundaries shall be set according to the following principles, listed in order of the priority of their application: (A) Existing boundaries between coastal counties with valid supporting legal authority. (B) The desirability of following existing lease boundaries and block lines on the Secretary's official protraction diagrams. (C) The principle that, to the extent consistent with subparagraphs (A) and (B), the size of the coastal county's adjacent offshore area, as a percentage of all of that State's adjacent offshore areas, shall be based on a formula giving equal weight to-- (i) the coastal county's coast line as a percentage of the State's coast line, calculated using the same large-scale charts of the National Ocean Service that are used to delimit the territorial sea under international law; and (ii) the coastal county's population as a percentage of the population of all coastal counties in the State, calculated by the Secretary using the best available national census data. (3) Each coastal county, before receiving funds under this subsection, shall annually enact by county statute or ordinance the necessary legislation to provide the local permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal county, and the necessary legislation to expend such funds. If a county fails to enact such legislation, the funds attributable to that county shall not be disbursed, and the Secretary shall take into consideration that failure before offering any additional leases for sale in the offshore area adjacent to that county. (c) Use of Funds by States.--Each coastal State shall use funds received pursuant to subsection (a)-- (1) to pay for the administrative costs the State incurs in the leasing and permitting process as specified in the Outer Continental Shelf Lands Act; (2) for such environmental and natural resource projects as the State determines; or (3) for such educational projects as the State determines. (d) County Distribution of Funds.--Each coastal county shall develop a formula to allocate at least two-thirds of the funds received pursuant to subsection (b) to local communities within its jurisdiction based on the proximity of these communities to the coast, except that funds shall be withheld from communities that the Secretary determines have failed to issue permits required for onshore facilities needed to support offshore oil or gas development or production in the area adjacent to that coastal county. SEC. 6. DESIGNATION OF COASTAL COUNTIES. For the purposes of this Act, the Secretary, after consultation with the Governor of each coastal State, shall determine which counties, parishes, boroughs, tribal governments, or other units of general government immediately below the level of State government shall be designated as coastal counties. SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES. The boundaries and areas delimited under section 5 are solely for the purposes of this Act.

Fair Disbursement of Offshore Oil Revenue Act of 2001 - Establishes in the Treasury the Coastal Communities Outer Continental Shelf Receipt Fund.Instructs the Secretary of the Interior to: (1) pay into the Fund certain revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line; and (2) pay annually from the Fund to each coastal State one-half, and its coastal counties the other half, of such revenues as may be attributable to that State.Conditions receipt of such funds upon annual enactment by the affected coastal State and related coastal county of the legislation necessary to provide any permits required for onshore facilities needed to support offshore oil or gas development or production in the pertinent area.Prohibits disbursement of funds to a coastal State or county that fails to enact such legislation. Requires the Secretary to take such failure into consideration before offering additional leases for sale in the offshore area adjacent to such jurisdiction.Requires each State to use such funds for leasing and permitting administrative costs, and for environmental, natural resource, and educational projects.

To provide for the distribution to coastal States and counties of revenues collected under the Outer Continental Shelf Lands Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation for Tomorrow's Workforce Act''. SEC. 2. INNOVATION FUND. Section 114 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324) is amended-- (1) in subsection (d), by adding at the end the following: ``(6) Innovation.-- ``(A) Grant program.--To identify and support innovative strategies and activities to improve career and technical education and align workforce skills with labor market needs, the Secretary may award grants, by using early-phase, mid-phase, and expansion grants, to eligible entities to-- ``(i) create, develop, implement, or take to scale evidence-based, field-initiated innovations, including through a pay for success initiative to improve student outcomes in career and technical education, which may include activities that-- ``(I) improve career and technical education outcomes of students served by eligible entities under this title; ``(II) improve career and technical education teacher effectiveness; ``(III) improve the transition of students from secondary education to postsecondary education, apprenticeships, or employment; ``(IV) improve the incorporation of comprehensive work-based learning into career and technical education; ``(V) increase the effective use of technology within career and technical education programs; ``(VI) support new models for integrating academic content, career and technical education, and pre- apprenticeship and apprenticeship content in such programs; ``(VII) support the development and enhancement of innovative delivery models for career and technical education; ``(VIII) work with industry to design and implement courses or programs of study aligned to labor market needs in new or emerging fields; ``(IX) integrate science, technology, engineering, and mathematics fields, including computer science education, with career and technical education; ``(X) support innovative approaches to career and technical education by redesigning the high school experience for students, which may include evidence-based transitional support strategies for students who have not met postsecondary education eligibility requirements; ``(XI) improve career and technical education concentrator employment outcomes in nontraditional fields; or ``(XII) support the use of career and technical education programs and career and technical programs of study in a coordinated strategy to address identified employer needs and workforce shortages, such as shortages in the early childhood, elementary school, and secondary school education workforce; and ``(ii) rigorously evaluate such innovations. ``(B) Matching funds.-- ``(i) Matching funds required.--Except as provided under clause (ii), to receive a grant under this paragraph, an eligible entity shall demonstrate that matching funds will be provided, through cash or in-kind contributions, from public or private sources in an amount equal to not less than 25 percent of the funds provided under such grant. ``(ii) Exception.--The Secretary may waive the matching fund requirement under clause (i) if the eligible entity demonstrates exceptional circumstances. ``(C) Application.--To receive a grant under this paragraph, an eligible entity shall submit to the Secretary, at such time as the Secretary may require, an application that-- ``(i) identifies and designates the agency, institution, or school responsible for the administration and supervision of the program assisted under this paragraph; ``(ii) provides an assurance that matching funds will be obtained before implementation of the grant; ``(iii) describes how the eligible entity will use the grant funds, including how such funds will directly benefit students, including special populations, served by the eligible entity; and ``(iv) describes how the program assisted under this paragraph will be coordinated with the activities carried out under section 124 or 135. ``(D) Priority.--In awarding grants under this paragraph, the Secretary shall give priority to applications from eligible entities that will predominantly serve students from low-income families. ``(E) Geographic diversity.--In awarding grants under this paragraph for a fiscal year, the Secretary shall award not less than 25 percent of the total amount of funds available for such fiscal year to eligible entities proposing to fund career and technical education activities that serve-- ``(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; ``(ii) an institution of higher education primarily serving one or more areas served by such a local educational agency; ``(iii) a consortium of such local educational agencies or such institutions of higher education; ``(iv) a partnership between-- ``(I) an educational service agency or a nonprofit organization; and ``(II) such a local educational agency or such an institution of higher education; or ``(v) a partnership between-- ``(I) a grant recipient described in clause (i) or (ii); and ``(II) a State educational agency. ``(F) Uses of funds.--An eligible entity that is awarded a grant under this paragraph shall use the grant funds in a manner consistent with subparagraph (A)(i). ``(G) Evaluation.--Each eligible entity receiving a grant under this paragraph shall-- ``(i) provide for an independent evaluation of the activities carried out using such grant; and ``(ii) submit to the Secretary an annual report that includes-- ``(I) a description of how funds received under this paragraph were used; ``(II) the performance of the eligible entity with respect to, at a minimum, the performance indicators described in section 113(b)(2), as applicable, and disaggregated by-- ``(aa) subgroups of students described in section 1111(c)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)(B)), as amended by the Every Student Succeeds Act (Public Law 114- 95); ``(bb) special populations; and ``(cc) as appropriate, each career and technical education program and career and technical education program of study; and ``(III) a quantitative analysis of the effectiveness of the project carried out under this paragraph. ``(H) Definitions.--In this paragraph: ``(i) Eligible entity.--The term `eligible entity' means a consortium that meets the following requirements: ``(I) The consortium includes one or more of the following: ``(aa) A local educational agency. ``(bb) An educational service agency. ``(cc) An area career and technical education school. ``(dd) A postsecondary educational institution receiving funds under this Act. ``(ee) A State educational agency. ``(ff) The Bureau of Indian Education. ``(gg) A State apprenticeship agency or apprenticeship sponsor. ``(II) The consortium may also include regional, State, or local public or private organizations or employers, including community-based organizations. ``(III) The consortium is led by an entity, or partnership of entities, described in subclause (I) and identified as the leader of the eligible entity in its application submitted under subparagraph (C). ``(ii) Pay for success initiative.--The term `pay for success initiative' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(I) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.''; and (2) in subsection (e), by inserting ``(except for subsection (d)(6))'' after ``section''. SEC. 3. OPEN EDUCATION RESOURCES. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)) is amended-- (1) in paragraph (16)(B), by striking ``and'' after the semicolon; (2) in paragraph (17), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(18) making all forms of instructional content widely available, which may include use of open educational resources;''. (b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)) is amended-- (1) in paragraph (19)(D), by striking ``and'' after the semicolon; (2) by redesignating paragraph (20) as paragraph (23); and (3) by inserting after paragraph (19) the following: ``(20) to make all forms of instructional content widely available, which may include use of open educational resources;''. SEC. 4. PAY-FOR-SUCCESS. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)), as amended by section 3, is further amended by adding at the end the following: ``(19) supporting pay for success initiatives (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and''. (b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)), as amended by section 3, is further amended by inserting after paragraph (20) the following: ``(21) to support pay for success initiatives (as defined in section 8101 of the Elementary and Secondary Education Act of 1965);''. SEC. 5. WORK-BASED LEARNING OPPORTUNITIES AND APPRENTICESHIPS. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)), as amended by sections 3 and 4, is further amended by adding at the end the following: ``(20) providing or supporting work-based learning opportunities, which may include employer-led training resulting in a recognized credential and apprenticeship programs.''. (b) Local Uses of Funds.--Section 135(b)(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(b)(3)) is amended by striking ``which may include work-based learning experiences'' and inserting ``which may include work-based learning opportunities, such as employer-led training resulting in a recognized credential and apprenticeship programs''. SEC. 6. JOINT DEMONSTRATION PROJECTS. (a) Evaluations.--Section 114(d)(2)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)(2)(B)) is amended-- (1) in clause (vi), by striking ``and'' after the semicolon; (2) in clause (vii), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(viii) the effectiveness of projects authorized under paragraph (7), including whether such projects achieved intended outcome goals and improved the quality and alignment of career and technical education and workforce education and training programs.''. (b) Joint Demonstration Projects.--Section 114(d) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)), as amended by section 2, is further amended by adding at the end the following: ``(7) Joint projects.--The Secretary, under the authority provided under subparagraph (5), and the Secretary of Labor, under the authority provided under sections 156 and 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3206, 3226), are authorized to carry out, in consultation with the Director, joint experimental, research, pilot, or demonstration projects regarding integrated, aligned, coordinated, and effective career and technical education and workforce education and training programs in order to address employment and training needs.''. SEC. 7. COMPETENCY-BASED EDUCATION. Section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2325(c)), as amended by sections 3 and 4, is further amended by inserting after paragraph (21) the following: ``(22) expanding opportunities for students to participate in competency-based education programs; and''.

Innovation for Tomorrow's Workforce Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to authorize the Department of Education (ED) to award early-phase, mid-phase, or expansion grants to eligible entities, including local educational agencies and area career and technical education (CTE) schools, to: create, develop, implement, or take to scale evidence-based, field initiated innovations, including through a pay for success initiative to improve CTE student outcomes; and evaluate such innovations rigorously. Funding under the Act may be used by eligible agencies for state leadership activities and by eligible recipients for local uses to support CTE programs to: make all forms of instructional content widely available, which may include the use of open educational resources; and support pay for success initiatives. Funding under the Act may also be used by eligible agencies for state leadership activities to provide or support work-based learning opportunities for students, which may include employer-led training resulting in recognized credential and apprenticeship programs for such students. Funds received for local use shall be used for such activities. ED and the Department of Labor may carry out joint experimental, research, pilot, or demonstration projects regarding integrated, aligned, coordinated, and effective CTE and workforce education and training programs in order to address employment and training needs. The independent assessment of career and technical education programs required under such Act is expanded to include an evaluation of the effectiveness of such projects. Funding under the Act may be used by eligible agencies for local uses to expand opportunities for students to participate in competency-based education programs.

Innovation for Tomorrow's Workforce Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) In general.--Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. ``(B) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). ``(iii) Engages on behalf of any party in a transaction involving a public shell company. ``(C) Disqualifications.--An M&A broker is not exempt from registration under this paragraph if such broker is subject to-- ``(i) suspension or revocation of registration under paragraph (4); ``(ii) a statutory disqualification described in section 3(a)(39); ``(iii) a disqualification under the rules adopted by the Commission under section 926 of the Investor Protection and Securities Reform Act of 2010 (15 U.S.C. 77d note); or ``(iv) a final order described in paragraph (4)(H). ``(D) Rule of construction.--Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(E) Definitions.--In this paragraph: ``(i) Control.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who-- ``(I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); ``(II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or ``(III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. ``(ii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) The gross revenues of the company are less than $250,000,000. ``(iii) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent fiscal year-end financial statements of the issuer of the securities as customarily prepared by the management of the issuer in the normal course of operations and, if the financial statements of the issuer are audited, reviewed, or compiled, any related statement by the independent accountant, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. ``(iv) Public shell company.--The term `public shell company' is a company that at the time of a transaction with an eligible privately held company-- ``(I) has any class of securities registered, or required to be registered, with the Commission under section 12 or that is required to file reports pursuant to subsection (d); ``(II) has no or nominal operations; and ``(III) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015, and every 5 years thereafter, each dollar amount in subparagraph (E)(ii)(II) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. SEC. 3. EFFECTIVE DATE. This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015 Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports; (3) engage on behalf of any party in a transaction involving a public shell company; or (4) are subject to suspension or revocation of registration, or to certain statutory disqualifications, or to certain final orders. Prohibits this Act from being construed to limit any other authority of the Securities and Exchange Commission to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``MTBE Elimination Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) a single cup of MTBE, equal to the quantity found in 1 gallon of gasoline oxygenated with MTBE, renders all of the water in a 5,000,000-gallon well undrinkable; (2) the physical properties of MTBE allow MTBE to pass easily from gasoline to air to water, or from gasoline directly to water, but MTBE does not-- (A) readily attach to soil particles; or (B) naturally degrade; (3) the development of tumors and nervous system disorders in mice and rats has been linked to exposure to MTBE and tertiary butyl alcohol and formaldehyde, which are 2 metabolic byproducts of MTBE; (4) reproductive and developmental studies of MTBE indicate that exposure of a pregnant female to MTBE through inhalation can-- (A) result in maternal toxicity; and (B) have possible adverse effects on a developing fetus; (5) the Health Effects Institute reported in February 1996 that the studies of MTBE support its classification as a neurotoxicant and suggest that its primary effect is likely to be in the form of acute impairment; (6) people with higher levels of MTBE in the bloodstream are significantly more likely to report more headaches, eye irritation, nausea, dizziness, burning of the nose and throat, coughing, disorientation, and vomiting as compared with those who have lower levels of MTBE in the bloodstream; (7) available information has shown that MTBE significantly reduces the efficiency of technologies used to remediate water contaminated by petroleum hydrocarbons; (8) the costs of remediation of MTBE water contamination throughout the United States could run into the billions of dollars; (9) although several studies are being conducted to assess possible methods to remediate drinking water contaminated by MTBE, there have been no engineering solutions to make such remediation cost-efficient and practicable; (10) the remediation of drinking water contaminated by MTBE, involving the stripping of millions of gallons of contaminated ground water, can cost millions of dollars per municipality; (11) the average cost of a single industrial cleanup involving MTBE contamination is approximately $150,000; (12) the average cost of a single cleanup involving MTBE contamination that is conducted by a small business or a homeowner is approximately $37,000; (13) the reformulated gasoline program under section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in substantial reductions in the emissions of a number of air pollutants from motor vehicles, including volatile organic compounds, carbon monoxide, and mobile-source toxic air pollutants, including benzene; (14) in assessing oxygenate alternatives, the Blue Ribbon Panel of the Environmental Protection Agency determined that ethanol, made from domestic grain and potentially from recycled biomass, is an effective fuel-blending component that-- (A) provides carbon monoxide emission benefits and high octane; and (B) appears to contribute to the reduction of the use of aromatics, providing reductions in emissions of toxic air pollutants and other air quality benefits; (15) the Department of Agriculture concluded that ethanol production and distribution could be expanded to meet the needs of the reformulated gasoline program in 4 years, with negligible price impacts and no interruptions in supply; and (16) because the reformulated gasoline program is a source of clean air benefits, and ethanol is a viable alternative that provides air quality and economic benefits, research and development efforts should be directed to assess infrastructure and meet other challenges necessary to allow ethanol use to expand sufficiently to meet the requirements of the reformulated gasoline program as the use of MTBE is phased out. (b) Sense of Congress.--It is the sense of Congress that the Administrator should provide technical assistance, information, and matching funds to help local communities-- (1) test drinking water supplies; and (2) remediate drinking water contaminated with methyl tertiary butyl ether. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible grantee.--The term ``eligible grantee'' means any of the following: (A) A Federal research agency. (B) A national laboratory. (C) A college. (D) A university. (E) A research foundation maintained by a college or university. (F) A private research organization with an established and demonstrated capacity to perform research or technology transfer. (G) A State environmental research facility. (3) MTBE.--The term ``MTBE'' means methyl tertiary butyl ether. SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following: ``(f) Use of Methyl Tertiary Butyl Ether.-- ``(1) Prohibition on use.--Effective on the date that is 3 years after the date of enactment of this subsection, a person shall not use methyl tertiary butyl ether as a fuel additive. ``(2) Labeling of fuel dispensing systems for mtbe.--Any person selling oxygenated gasoline containing methyl tertiary butyl ether at retail shall be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that-- ``(A) specifies that the gasoline contains methyl tertiary butyl ether; and ``(B) provides such other information concerning methyl tertiary butyl ether as the Administrator determines to be appropriate. ``(3) Regulations.--As soon as practicable after the date of enactment of this subsection, the Administrator shall establish a schedule that provides for an annual phased reduction in the quantity of methyl tertiary butyl ether that may be used as a fuel additive during the 3-year period beginning on the date of enactment of this subsection.''. SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER CONTAMINATION AND REMEDIATION. (a) In General.-- (1) Establishment.--The Administrator shall establish a MTBE research grants program within the Environmental Protection Agency. (2) Purpose of grants.--The Administrator may make a grant under this section to an eligible grantee to pay the Federal share of the costs of research on-- (A) the development of more cost-effective and accurate MTBE ground water testing methods; (B) the development of more efficient and cost- effective remediation procedures for water sources contaminated with MTBE; or (C) the potential effects of MTBE on human health. (b) Administration.-- (1) In general.--In making grants under this section, the Administrator shall-- (A) seek and accept proposals for grants; (B) determine the relevance and merit of proposals; (C) award grants on the basis of merit, quality, and relevance to advancing the purposes for which a grant may be awarded under subsection (a); and (D) give priority to those proposals the applicants for which demonstrate the availability of matching funds. (2) Competitive basis.--A grant under this section shall be awarded on a competitive basis. (3) Term.--A grant under this section shall have a term that does not exceed 4 years. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2001 through 2004. SEC. 6. REFORMULATED GASOLINE. (a) Congressional Findings.--The Congress finds that: (1) Section 211(k) of the Clean Air Act requires the use of reformulated gasoline in the nation's worst ozone nonattainment areas. (2) In order to promote more complete fuel combustion, the Clean Air Act requires reformulated gasoline to contain a minimum of 2.0 percent oxygen. (3) The presence of oxygen in a fuel is beneficial in reducing volatile organic compound, carbon monoxide, toxic air pollutant emissions. (4) The use of ethanol at the typical blending rate of 10 percent by volume equates to a 3.5 percent oxygen content. (5) This increased oxygen content, while providing the intended benefits of reducing volatile organic compound and toxic air pollutant emissions, results in additional carbon monoxide emission reductions. (6) The National Research Council found that carbon monoxide in exhaust emissions from motor vehicles contributes about 20 percent to the overall ozone forming potential of motor-vehicle emissions. (7) Reducing carbon monoxide emissions will have a positive impact on ozone air quality. (8) Blending ethanol into an unoxygenated reformulated gasoline base will increase the volatility of the resulting blend. (9) In order to account for this volatility increase, gasoline producers must, at increased expense, reduce the volatility of the unoxygenated reformulated gasoline base. (10) The benefits of reduced carbon monoxide emissions on ozone air quality have not been fully considered in the USEPA's reformulated gasoline compliance methodology, the complex model. (11) Scientific analyses detailing the carbon monoxide and ozone air quality benefits of reformulated gasoline blends containing 3.5 percent oxygen have concluded that a minimum of a 0.5 pounds per square inch Reid vapor pressure allowance is a reasonable gasoline volatility offset for determining the proper impact of such gasoline, (b) RVP Allowance.--In order to account for the positive impact of reduced carbon monoxide emissions on ozone air quality and because of the positive environmental impact resulting from the use of oxygenates in gasoline, the Administrator of the Environmental Protection Agency is directed to promulgate rules requiring a 0.5 pounds per square inch Reid vapor pressure allowance for all reformulated gasoline containing 3.5 percent oxygen by weight. (c) Offset.--Notwithstanding any other provision of law, any additional volatile organic compound emissions resulting from the use of such reformulated gasoline should be deemed to be fully offset and thus not calculated in determining compliance with any of the provisions in section 182 of the Clean Air Act (42 U.S.C. 7511a), dealing with Reasonable Further Progress plans or demonstrations.

Amends the Toxic Substances Control Act to prohibit, three years after the enactment of the MTBE Elimination Act, the use of MTBE as a fuel additive. Requires persons selling oxygenated gasoline containing MTBE at retail to be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that specifies that the gasoline contains MTBE and provides other information concerning MTBE as determined appropriate by the Administrator. Directs the Administrator to establish a schedule that provides for an annual phased reduction in the quantity of MTBE that may be used as a fuel additive during the three-year period beginning on this Act's enactment date. Requires the Administrator to establish an MTBE research grants program within EPA. Authorizes grants to eligible grantees to pay the Federal cost share of research on: (1) the development of more cost-effective and accurate MTBE groundwater testing methods; (2) the development of more efficient and cost-effective remediation procedures for water sources contaminated with MTBE; or (3) the potential effects of MTBE on human health. Makes eligible for such grants Federal research agencies, national laboratories, colleges or universities, certain private research organizations, and State environmental research facilities. Authorizes appropriations. Directs the Administrator to promulgate rules requiring a .5 pounds per square inch Reid vapor pressure allowance for all reformulated gasoline containing 3.5 percent oxygen by weight. Provides that any additional volatile organic compound emissions resulting from the use of such gasoline should be deemed to be fully offset and not calculated in determining compliance with certain Clean Air Act provisions dealing with reasonable further progress plans or demonstrations.

MTBE Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Access Preservation Act of 1998''. SEC. 2. REVISION OF INTERIM PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) Revision of Per Beneficiary Limit.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended-- (1) in clause (v)(I)-- (A) by inserting ``for a cost reporting period beginning during fiscal year 1998,'' after ``(I)'', and (B) by inserting before the semicolon the following: ``, and for a cost reporting period beginning after fiscal year 1998, the per beneficiary annual limitation as determined under clause (viii)(II) for such period''; and (2) by adding at the end the following: ``(viii)(I) For purposes of this clause, for home health agencies in a census division, the base regional limit is equal to the sum of the labor and nonlabor components of the standardized per-beneficiary limitation by census region division (as specified in the table entitled `Standardized Per-Beneficiary Limitations by Census Region Division, Labor/Nonlabor', prepared by the Health Care Financing Administration, and published in the Federal Register on July 31, 1998, or during August 1998) for the census division, and the base national limit is equal to the mean of such base regional limits. ``(II) For home health services furnished during a cost reporting period that begins after fiscal year 1998 and that is not subject to the prospective payment system under section 1895, the per beneficiary annual limitation for a home health agency in a census division is equal to the sum of 50 percent of the base regional limit (specified under subclause (I)) for agencies in such division and 50 percent of the base national limit (as specified under such subclause), updated by the home health market basket index for each fiscal year (after fiscal year 1998 and through the fiscal year involved), and adjusted as provided under subclause (III). ``(III) The Secretary shall adjust the labor-related portion of the updated sum calculated under subclause (II) by the area wage index applicable under section 1886(d)(3)(E) and determined in the manner described in clause (iii) for cost reporting periods beginning during the fiscal year involved. In applying this subclause for services furnished during cost reporting periods beginning during fiscal year 1999, the Secretary shall use the area wage index specified in the tables entitled `Wage Index for Urban Areas' and `Wage Index for Rural Areas', prepared by the Health Care Financing Administration, and published in the Federal Register on July 31, 1998, or during August 1998.''. (b) Elimination of Special Rule for New Agencies.--Section 1861(v)(1)(L)(vi) of such Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended by striking ``the following rules apply'' and all that follows through ``For beneficiaries'' and inserting ``in the case of beneficiaries'', and correcting the indentation of the matter that follows accordingly. (c) Increase in Per Visit Cost Limits.--Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1998, 108 percent of such median.''. (d) Prompt Publication of New Limits.--Section 1861(v)(1)(L)(vii) of such Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended-- (1) in subclause (II), by redesignating such subclause as subclause (III) and by striking ``1998'' and inserting ``1999''; and (2) by inserting after subclause (I) the following: ``(II) The Secretary shall establish the per beneficiary annual limitation under clause (viii)(II) and the per visit limits applicable under clause (i)(V) for cost reporting periods beginning during fiscal year 1999 as soon as practicable after the date of the enactment of such clauses.''. (e) Effective Dates.--(1) Except as provided in paragraph (2), the amendments made by this section take effect on the date of the enactment of this Act. (2) The amendment made by subsection (b) applies to services furnished in cost reporting periods beginning after fiscal year 1998. (3) There shall be no administrative or judicial review under section 1869 or 1878 of the Social Security Act, or under any other provision of law, of any action taken by the Secretary of Health and Human Services to implement the amendments made by this section. SEC. 3. GRANT PROGRAM TO PROVIDE FOR ADJUSTMENT FOR OUTLIERS TO ASSIST TRANSITION TO PROSPECTIVE PAYMENT SYSTEM. Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(e) Grant Program To Provide for Adjustment for Outliers To Assist Transition to Prospective Payment System.-- ``(1) Appropriations; total allotment.--For the purpose of making payments to States under allotments under paragraph (2), there is appropriated, out of any money in the Treasury not otherwise appropriated-- ``(A) for fiscal year 1999, $250,000,000; ``(B) for fiscal year 2000, $250,000,000; ``(C) for fiscal year 2001, $250,000,000; and ``(D) for fiscal year 2002, $250,000,000. Such amounts shall be available for allotment under paragraph (2) for the respective fiscal years. ``(2) Allotments to states.-- ``(A) In general.--Of the amount available for allotment under paragraph (1) for a fiscal year, the Secretary shall allot to each State the same proportion as the sum of the following (as determined by the Secretary based upon data for the most recent fiscal year ending before the fiscal year involved) for the State bears to the total of all such sums for all the States: ``(i) 40 percent based on number of medicare beneficiaries.--40 percent multiplied by a fraction (expressed as a percentage)-- ``(I) the numerator of which is the number of individuals entitled to benefits under part A or enrolled under part B, or both, residing in the State; and ``(II) the denominator of which is the total of the numbers computed under subclause (I) for all the States. ``(ii) 60 percent based on number of medicare beneficiaries receiving home health services.--60 percent multiplied by a fraction (expressed as a percentage)-- ``(I) the numerator of which is the number of individuals described in clause (i)(I) in the State with respect to whom a claim for benefits for home health services under this title has been received; and ``(II) the denominator of which is the total of the numbers computed under subclause (I) for all the States. ``(B) 1-year availability of amounts allotted.-- Amounts allotted to a State pursuant to this paragraph for a fiscal year shall remain available for obligation by the State through the end of the fiscal year (or, in the case of an allotment for fiscal year 1999 through the end of fiscal year 2000). Amounts reallotted to a State under subparagraph (C) shall be available for obligation by the State through the end of the fiscal year in which they are reallotted. ``(C) Procedure for redistribution of unused allotments.--The Secretary shall determine an appropriate procedure for redistribution of allotments from States that were provided allotments under this paragraph for a fiscal year but that do not obligate all of the amount of such allotments during the period in which such allotments are available for obligation under subparagraph (B), to States that have fully obligated the amount of their allotments under this paragraph. ``(3) Use and payment of funds.-- ``(A) In general.--From the allotments made under paragraph (2) to a State for a fiscal year, the Secretary shall pay to each State amounts the State demonstrates were paid by the State in the fiscal year-- ``(i) for qualifying payments to qualified home health agencies; and ``(ii) subject to subparagraph (D), for administrative expenses incurred by the State in carrying out this subsection. In no case shall the payments to a State under this paragraph in a fiscal year exceed the amount of the allotments made available for obligation to the State under paragraph (2) for the fiscal year. ``(B) Qualifying payment defined.--For purposes of this paragraph, a `qualifying payment' to a qualified home health agency is the amount by which-- ``(i) the amount of the reasonable costs of the agency of furnishing home health services under this title in the State, incurred for cost reporting periods beginning on or after October 1, 1997, and before the first cost reporting period for which payment under this title to the agency is made under subsection (a), exceeds ``(ii) the amount of the reimbursement for such services under this title. The amount of the reasonable costs under clause (i) may be determined using estimates of such costs based on non-settled cost reports or other reliable information. ``(C) Qualified home health agency defined.--For purposes of this paragraph, the term `qualified home health agency' means a home health agency that-- ``(i) has a participation agreement in effect under section 1866(a); ``(ii) demonstrates to the State a severe adverse impact of the payment limitation amendments under section 4602 of the Balanced Budget Act of 1997 because of a more costly- than-average type or amount of services; and ``(iii) demonstrates to the State efficient management of the agency. ``(D) Limitation on payment for administrative expenses.--Not more than 5 percent of the amount paid to a State under subparagraph (A) for expenditures in a fiscal year may be paid under subparagraph (A)(ii). ``(E) Limitation on use to satisfy matching requirement.--Amounts paid to a State under subparagraph (A) may not be used to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds. ``(F) Construction.--Nothing in this paragraph shall be construed as requiring a State to provide payment under this paragraph to all qualified home health agencies in the State or in the full amount of qualifying payments for any qualified home health agency receiving such a payment. ``(G) Advance payment; retrospective adjustment.-- The Secretary may make payments under this subsection for a fiscal year on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for a prior fiscal year. ``(4) State entitlement.--This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to States of amounts provided under this subsection.''. SEC. 4. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH AGENCIES. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the prospective payment system for home health agencies (established by section 1895 of the Social Security Act (42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human Services shall meet with the staff of the appropriate committees of Congress to provide an informal update regarding the progress of the Secretary in implementing such payment system.

Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Revises such formula for cost reporting periods beginning after FY 1998 to replace the current agency-specific per beneficiary annual limits with limits based on specified base regional limits, a base national limit, and an area wage index. Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services. Provides for a three percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary of Health and Human Services to allot grants to States, according to a specified formula, to provide for adjustment for outliers to assist in the transition to the prospective payment system for home health services. Makes necessary appropriations. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the prospective payment system for home health agencies under Medicare.

Home Health Access Preservation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Carbon Monoxide Poisoning Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Each year, carbon monoxide poisoning from the use of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills at least 500 people and sends more than 20,000 people to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units throughout the United States in order to promote the health and public safety of all people of the United States. SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PRODUCT SAFETY RULE. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following: ``SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS. ``(a) In General.-- ``(1) Mandatory standard.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of the Residential Carbon Monoxide Poisoning Prevention Act, the Commission shall publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034-2005), as in effect on the day before the date of such Act. The standard shall take effect 180 days after it is published. ``(2) Compliance with standard.--After the standard described in paragraph (1) takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled residential carbon monoxide detector unless it complies with such standard or any successor standard as amended under subsection (c). ``(3) Violation.--The failure to comply with paragraph (2) shall be deemed to be a failure to comply with a consumer product safety standard under this Act and subject to all of the penalties and remedies available under this Act. ``(4) Other types of carbon monoxide detectors.--Paragraph (2) shall not apply to any carbon monoxide detector not covered by the standard as provided in section 1.4 of the standard. ``(b) Labeling.--Beginning 1 year after the date of the enactment of the Residential Carbon Monoxide Poisoning Prevention Act, a manufacturer selling or offering for sale in the United States a residential carbon monoxide detector manufactured more than 1 year after the date of the enactment of such Act, shall clearly identify on any container of the detector and on the detector its conformance with the requirements of the consumer product safety standard promulgated under subsection (a). ``(c) Modification of Standard.-- ``(1) ANSI revisions.--If the American National Standard ANSI/UL 2034-2008 is revised through the applicable consensus standards development process after the date on which the product safety standard for residential carbon monoxide detectors is published in the Federal Register pursuant to subsection (a)(1), the American National Standards Institute shall notify the Commission of the revision. ``(2) Commission action.--Within 120 days after it receives notice of such a revision by the American National Standards Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States Code, to amend the product safety standard for residential carbon monoxide detectors to include any such revision that the Commission determines is reasonably related to the performance of such detectors, and notify the Institute of any revision it has determined not to be so related. The Commission shall promulgate an amendment to the standard for such detectors not later than 180 days after the date on which the notice of proposed rulemaking for the amendment is published in the Federal Register. ``(3) Additional safety requirements.--Notwithstanding any other provision of this Act, the Commission may, pursuant to sections 7 and 9 of this Act, amend the product safety standard for residential carbon monoxide detectors to include any additional provision that the Commission determines is reasonably necessary to ensure their safe and effective operation. ``(4) Certain provisions not applicable.--Sections 7 and 9 of this Act shall not apply to promulgation of any amendment of the product safety standard under paragraph (2). Judicial review of any amendment of the standard under paragraph (2) shall be in accordance with chapter 7 of title 5, United States Code.''. (b) Conforming Amendment.--The table of contents of the Consumer Product Safety Act is amended by inserting after the item relating to section 42 the following: ``Sec. 43. Residential carbon monoxide detectors.''. SEC. 4. FINAL PORTABLE GENERATOR RULE. Not later than 18 months after the date of the enactment of this Act, the Consumer Product Safety Commission shall issue a final rule in its proceeding entitled Portable Generators for which the Commission issued an advance notice of proposed rulemaking on December 12, 2006 (71 FR 74472), that includes a requirement that portable generators incorporate an automatic shut-off feature if compliance with such a requirement is technologically feasible. SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE ALARMS. (a) State Approved Carbon Monoxide Alarm Grant Program.-- (1) In general.--Subject to the availability of appropriations authorized by subsection (c), the Consumer Product Safety Commission shall establish a grant program to provide assistance to eligible States to carry out a carbon monoxide alarm program. (2) Eligibility.-- (A) In general.--To be eligible for a grant under the program, a State shall-- (i) demonstrate to the satisfaction of the Commission that the State has enacted legislation, or a State agency has promulgated a State-wide rule, regulation, or similar measure with the force and effect of law that-- (I) requires approved carbon monoxide alarms be installed in accordance with NFPA 720 in all commercial residential dwelling units and all new dwelling unit construction; and (II) provides penalties for failure to install such alarms; and (ii) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require. (B) Application submittal.--Submittal of an application under subparagraph (A)(ii) may be submitted on behalf of any qualified State by the fire code enforcement officials for such State. (3) Grant amount; priority.--The Commission shall determine the amount of the grants awarded under this section, and shall give priority to-- (A) multi-State applications (including those made by a nonprofit organization representing fire code enforcement officials on behalf of more than 1 State) if all participating States meet the requirements of paragraph (2); and (B) States demonstrating greater than average losses of life from carbon monoxide poisoning in the home. (4) Use of funds.--A State receiving a grant under this section may use grant funds-- (A) to train that State's fire code enforcement officials in the proper enforcement of State laws concerning approved carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (B) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this paragraph; and (C) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (5) Limitation on use of funds.-- (A) Administrative costs.--Not more than 10 percent of any grant awarded under this section may be used for administrative costs not directly related to training described in paragraph (4)(A). (B) Public outreach.--Not more than 25 percent a grant awarded under this section may be used for the activities described in paragraph (4)(C). (b) Definitions.--In this section: (1) Approved carbon monoxide alarm.--The term ``approved carbon monoxide alarm'' means a carbon monoxide alarm that complies with the standards, whether voluntary or mandatory, issued, approved, or otherwise supported by the Commission with respect to such alarms, whether those standards have been developed unilaterally by the Commission or in conjunction with other parties. (2) Carbon monoxide alarm.--The term ``carbon monoxide alarm'' means a device that detects the presence of carbon monoxide and sounds an alarm if the level of carbon monoxide detected by the device poses a health risk to persons within the vicinity of the device. (3) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (4) Dwelling unit.--The term ``dwelling unit'' means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building. (5) Fire code enforcement officials.--The term ``fire code enforcement officials'' means officials of the Fire Safety Code Enforcement Agency of a State. (6) NFPA 720.--The term ``NFPA 720'' means the Standard for the Installation of Carbon Monoxide (CO) Warning Equipment in Dwelling Units issued by the National Fire Protection Association in 2008 and any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Commission $2,000,000 for each of the fiscal years 2010 through 2014 to carry out this section, such sums to remain available until expended. Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated at the end of fiscal year 2014 shall be retained by the Commission and credited to the appropriations account that funds enforcement of the Consumer Products Safety Act. (d) Commission Report.--Not later than 1 year after the last day of each fiscal year for which grants are made under this section, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by this section.

Residential Carbon Monoxide Poisoning Prevention Act - Amends the Consumer Product Safety Act to require the Consumer Product Safety Commission (CPSC) to publish the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034-2005) as a mandatory consumer product safety standard. Makes it unlawful for any manufacturer or distributor to import or distribute any new assembled or unassembled residential carbon monoxide detector unless it complies with the standard. Requires the CPSC to issue a final rule in its proceeding titled Portable Generators, including a requirement that portable generators incorporate an automatic shutoff feature if compliance with such a requirement is technologically feasible. Requires the CPSC to establish a grant program to provide assistance to states to carry out a carbon monoxide alarm program.

A bill to amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Community Learning Centers Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) a local public school often serves as a center for the delivery of education and human resources for all members of a community; (2) public schools, primarily in rural and inner city communities, should collaborate with other public and nonprofit agencies and organizations, local businesses, educational entities (such as vocational and adult education programs, school to work programs, community colleges, and universities), recreational, cultural, and other community and human service entities for the purpose of meeting the needs and expanding the opportunities available to the residents of the communities served by such schools; (3) by using school facilities, equipment, and resources, communities can promote a more efficient use of public education facilities, especially in rural and inner city areas where limited financial resources have enhanced the necessity for local public schools to become social service centers; (4) the high technology, global economy of the 21st century will require lifelong learning to keep America's workforce competitive and successful, local public schools should provide centers for lifelong learning and educational opportunities for individuals of all ages; and (5) 21st Century Community Learning Centers enable the entire community to develop an education strategy that addresses the educational needs of all members of local communities. SEC. 3. PROGRAM AUTHORIZATION AND DISTRIBUTION. (a) Grants by the Secretary.--The Secretary is authorized in accordance with the provisions of this subsection to make grants to rural and inner city schools or consortia thereof to plan, implement, or to expand projects that benefit the educational, health, social service, cultural, and recreational needs of a rural or inner city community. (1) No school or consortia thereof shall receive a grant award of less than $50,000 in each fiscal year; and (2) such grant projects do not exceed a 3-year period. (b) Application.--To be eligible to receive funds under this Act, a school or consortia thereof shall submit an application to the Secretary of Education at such time and in such manner as the Secretary may reasonably prescribe, that shall include-- (1) a comprehensive local plan that enables such school to serve as a center for the delivery of education and human resources for members of a community; and (2) an initial evaluation of needs, available resources, and goals and objectives for the proposed community education program to determine programs that will be developed to address these needs: (A) A mechanism to disseminate information in a manner that is understandable and accessible to the community. (B) Identification of Federal, State, and local programs to be merged or coordinated so that public resources may be maximized. (C) A description of the collaborative efforts of community-based organizations, related public agencies, businesses, or other appropriate organizations. (D) A description of how the school will assist as a delivery center for existing and new services, especially inter-active telecommunication used for education and professional training. (E) The establishment of a facility utilization policy that specifically states rules and regulations for building and equipment use and supervision guidelines. (c) Priority.--The Secretary shall give priority to applications that offer a broad selection of services that address the needs of the community. SEC. 4. USES OF FUNDS. (a) Authorized Programs.--Grants awarded under this Act may be used to plan, implement, or expand community learning centers which shall include not less than 4 of the following activities: (1) Literacy education programs. (2) Senior citizen programs. (3) Children's day care services. (4) Integrated education, health, social service, recreational, or cultural programs. (5) Summer and weekend school programs in conjunction with summer recreation programs. (6) Nutrition, health, and/or physical therapy. (7) Expanded library service hours to serve community needs. (8) Telecommunications and technology education programs for all ages. (9) Parenting skills education programs. (10) Support and training for child day care providers. (11) Employment counseling, training, and placement. (12) Services for students who withdraw from school before graduating high school, regardless of age. (13) Services for individuals who are either physically or mentally challenged. SEC. 5. AWARD OF GRANTS. (a) In General.--In approving grants under this part, the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. (b) Grant Period--Grants may be awarded for a period not to exceed 3 years. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Community Learning Center'' means the provision of educational, recreational, health, and social service programs for residents of all ages of a local community in public school buildings, primarily in rural and inner city areas, operated by the local educational agency in conjunction with local governmental agencies, businesses, vocational education programs, community colleges, universities, and cultural, recreational, and other community and human service entities; and (2) the term ``Secretary'' means the Secretary of Education. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $25,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 through 1999.

21st Century Community Learning Centers Act - Directs the Secretary of Education to make grants to rural and inner city schools or consortia for projects that benefit the educational, health, social security, cultural, and recreational needs of rural or inner city communities. Authorizes appropriations.

21st Century Community Learning Centers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Plains Groundwater Resource Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a reliable source of groundwater is an essential element of the economy of the communities on the High Plains; (2) the High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units; (3) the High Plains Aquifer experienced a dramatic decline in water table levels in the latter half of the 20th century; (4) the decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, with areas in the States of Kansas, New Mexico, Oklahoma, and Texas experiencing declines of over 100 feet from 1950 to 2007; (5)(A) the saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas; and (B) the percentage of the High Plains Aquifer that has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent in the period from 1980 to 2007; (6) the decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains; (7) hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a local level of up to 100 square miles, have a very time-limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures; (8) incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the High Plains that is sustainable; and (9) for water conservation incentives to function, Federal, State, tribal, and local water policymakers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates extraction rates, and water table levels at the local and regional levels on an ongoing basis. (b) Purpose.--The purpose of this Act is to promote groundwater conservation on the High Plains in order to extend the useable life of the High Plains Aquifer. SEC. 3. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES PROGRAM. The Food Security Act of 1985 is amended by inserting after section 1240R (16 U.S.C. 3839bb-5) the following: ``SEC. 1240S. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES PROGRAM. ``(a) Definitions.--In this section: ``(1) High plains.--The term `High Plains' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the High Plains Aquifer States. ``(2) High plains aquifer.--The term `High Plains Aquifer' is the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, entitled `Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming'. ``(3) High plains aquifer states.--The term `High Plains Aquifer States' means the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. ``(4) Program.--The term `Program' means the High Plains Aquifer Groundwater Conservation Incentives Program described in subsection (b)(1). ``(b) Program.-- ``(1) In general.--For each of fiscal years 2011 through 2020, the Secretary shall offer to enter into contracts with producers in the High Plains Aquifer States through a High Plains Aquifer Groundwater Conservation Incentives Program in accordance with this section. ``(2) Goal.--The goal of the Program shall be to achieve significant per-acre savings of the groundwater resources of the High Plains Aquifer. ``(c) Participation.-- ``(1) In general.--The Secretary shall ensure, to the maximum extent practicable, that producers on land drawing water from the High Plains Aquifer throughout the High Plains region shall have an opportunity to participate in the Program. ``(2) Priority.--The participation of producers in areas experiencing significant aquifer level declines shall be given a priority. ``(d) Transfer of Water Rights.--A producer on land drawing water from the High Plains Aquifer who agrees, beginning on the date on which the producer enters into a contract under this section with the Secretary, not to irrigate all or part of the land and to transfer the water rights of the producer for the nonirrigated land to the applicable High Plains Aquifer State shall be eligible for incentive payments in accordance with this section. ``(e) Payments.-- ``(1) In general.--In exchange for an agreement not to irrigate all or part of land described in subsection (d), the Secretary shall make 1 or more incentive payments to a producer (as determined under paragraph (2)) in an amount equal to the difference between, as determined by the Secretary-- ``(A) the average amount of payments that the producer received under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) on the land when irrigating the land, as determined using the average amount of payments received by the producer for the 10 most recent crop years preceding the date of the Program contract; and ``(B) the amount of payments that the producer would be expected to receive under title I of that Act on the land after conversion to dryland production for those 10 most recent crop years. ``(2) Form.--In exchange for an agreement described in subsection (d), a producer may elect to receive-- ``(A) 1 lump-sum incentive payment for the entire term of the agreement in the amount determined under paragraph (1); or ``(B) annual incentive payments for each year of the agreement that total, in the aggregate, the amount determined under paragraph (1). ``(f) Modifications or Termination of Contracts.-- ``(1) Voluntary modification or termination.--The Secretary may modify or terminate a contract entered into with a producer under this section if-- ``(A) the producer agrees to the modification or termination; ``(B) the Secretary determines that the modification or termination is in the public interest. ``(2) Involuntary termination.--The Secretary may terminate a contract under this section if the Secretary determines that the producer violated the contract. ``(g) Duties of Producers.--To receive incentive payments described in subsection (e), a producer shall agree-- ``(1) to transfer water rights under subsection (d); ``(2) to implement required practices as agreed to in the contract with the Secretary; and ``(3) to comply with such additional conditions as the Secretary determines are necessary to carry out this section. ``(h) Limitation of Payments.--The total amount of payments paid to any 1 producer under this section may not exceed $50,000. ``(i) State Administration.--On application by a High Plains Aquifer State, and approval by the Secretary, the Secretary may provide funding on an annual basis to the State to carry out, in lieu of the Secretary, the activities described in this section. ``(j) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section such sums as are necessary.''.

High Plains Groundwater Resource Conservation Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture, for each of FY2011-FY2020, to enter into contracts with producers in the High Plains Aquifer states (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming) through a High Plains Aquifer Groundwater Conservation Incentives Program, aimed at achieving significant per-acre savings of groundwater resources of the High Plains Aquifer. Directs the Secretary to ensure that producers on land drawing water from that Aquifer throughout the High Plains region have an opportunity to participate in the Program. Requires producers in areas experiencing significant aquifer level declines to be given priority. Provides for incentive payments for a producer on land drawing water from the Aquifer who agrees not to irrigate all or part of the land and to transfer the producer's water rights for the nonirrigated land to the applicable High Plains Aquifer state.

A bill to further continued economic viability in the communities on the High Plains by promoting sustainable groundwater management of the Ogallala Aquifer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``OPIC Termination Act''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.--(1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.--(1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking: ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking: ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking: ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12) by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (5) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (6) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (7)(A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (i) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (ii) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (B) The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. (8) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 9101(3) of title 31, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. (11) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (D) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (E) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. (c) Effective Date.--The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.

OPIC Termination Act - Abolishes the Overseas Private Investment Corporation.

OPIC Termination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Tax Incentives Improvement Act of 2002''. SEC. 2. MODIFICATIONS TO ENTERPRISE ZONE BENEFITS AVAILABLE WITH RESPECT TO THE DISTRICT OF COLUMBIA. (a) Entire District of Columbia Treated as Empowerment Zone.-- (1) In general.--Subsection (a) of section 1400 of the Internal Revenue Code of 1986 (relating to establishment of DC Zone) is amended to read as follows: ``(a) Designation.--For purposes of this title-- ``(1) the District of Columbia-- ``(A) is hereby designated as the District of Columbia Enterprise Zone, and ``(B) shall be treated as an empowerment zone designated under subchapter U, and ``(2) the terms `District of Columbia Enterprise Zone' and `DC Zone' mean the District of Columbia.'' (2) Conforming amendments.-- (A) Section 1400 of such Code is amended by striking subsections (b) and (c) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (B) Subsection (b) of section 1400 of such Code, as redesignated by subparagraph (A), is amended to read as follows: ``(b) Special Rule for Application of Employment Credit.--In the case of the DC Zone, section 1396 (relating to empowerment zone employment credit) shall be applied by substituting `20' for `15' in the table contained in section 1396(b). The preceding sentence shall apply only with respect to qualified zone employees, as defined in section 1396(d), determined by treating no area other than the DC Zone as an empowerment zone or enterprise community.'' (C) Paragraph (2) of section 1400(d) of such Code, as redesignated by subparagraph (A), is amended by striking ``the census tracts referred to in subsection (b)(1) as an enterprise community'' and inserting ``the enterprise community in the District of Columbia''. (D) Section 1400B of such Code is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (E) Paragraph (1) of section 1400B(c) of such Code is amended by striking ``section 1400(e)'' and inserting ``section 1400(c)''. (b) Capital Gains Exclusion Available for Assets Held More Than 2 Years.-- (1) In general.--Subsection (a) of section 1400B of such Code is amended by striking ``5 years'' and inserting ``2 years''. (2) Conforming amendment.--Paragraph (7) of section 1400B(b) of such Code is amended-- (A) by striking ``5-year'' in the heading and inserting ``2-year'', and (B) by striking ``5-year'' in the text and inserting ``2-year''. (c) Modifications to Definition of DC Zone Business.--Subsection (c) of section 1400B of such Code is amended to read as follows: ``(c) DC Zone Business.--For purposes of this section-- ``(1) In general.--The term `DC Zone business' means any entity which is an enterprise zone business (as defined in section 1397B), determined-- ``(A) after the application of section 1400(c), ``(B) without regard to subsections (b)(1) and (d)(2)(B) of section 1397B, and ``(C) by treating no area other than the District of Columbia as an empowerment zone or enterprise community. ``(2) Special rule for businesses holding intangibles.-- Paragraph (4) of section 1397B(d) shall not apply in determining whether a business is a DC Zone business if-- ``(A) at least 30 percent of the employees of such business are residents of the District of Columbia, and ``(B) at least 50 percent of the wages (as defined by section 3401(a)) paid by such business are paid to residents of the District of Columbia.'' (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 701 of the Taxpayer Relief Act of 1997. SEC. 3. EXTENSION OF ENTERPRISE ZONE TREATMENT. (a) Effective Period of Designation.--Subsection (f) of section 1400 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2003'' each place it appears and inserting ``December 31, 2009''. (b) Economic Development Bonds.--Subsection (b) of section 1400A of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. (c) Zero Percent Capital Gains Rate.-- (1) Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) of such Code are each amended by striking ``January 1, 2004'' and inserting ``January 1, 2010''. (2) Subsections (e)(2) and (g) of section 1400B of such Code are each amended by striking ``2008'' each place it appears and inserting ``2014''. SEC. 4. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA MADE PERMANENT; OTHER MODIFICATIONS. (a) Credit Made Permanent.--Subsection (i) of section 1400C of the Internal Revenue Code of 1986 (relating to first-time homebuyer credit for District of Columbia) is amended by striking ``, and before January 1, 2004''. (b) Treatment of Purchases In Connection With Divorce.-- (1) In general.--Subsection (c) of section 1400C of such Code is amended by adding at the end the following new paragraph: ``(4) Purchases in connection with divorce.-- Notwithstanding paragraphs (1) and (2), an individual shall be treated as a first-time homebuyer with respect to the purchase of any residence if-- ``(A) the sale of the residence is pursuant to a divorce or separation instrument (as defined in section 71(b)(2)) relating to such individual and such individual's spouse or former spouse, and ``(B) such residence was the principal residence of such individual at the time of such sale or for any period ending not more than a reasonable period before such sale. The Secretary shall prescribe such regulations as may be necessary to prevent the abuse of the purposes of this paragraph.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to purchases after the date of the enactment of this Act. (c) Credit Allowed Against Regular Tax and Alternative Minimum Tax.-- (1) In general.--Subsection (d) of section 1400C of such Code is amended to read as follows: ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A of part IV of subchapter A and section 27 for the taxable year. ``(2) Carryover of credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.'' (2) Conforming amendment.--Section 1400C of such Code is amended by striking subsection (g) and by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (3) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EXPANSION OF TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. (a) In General.--Section 1400A of the Internal Revenue Code of 1986, as amended by section 3, is amended to read as follows: ``SEC. 1400A. TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. ``(a) In General.--In the case of the District of Columbia Enterprise Zone-- ``(1) section 1394(c)(1)(A) (relating to limitation on amount of bonds) shall not apply, ``(2) section 1394(b)(3)(A) shall be applied without regard to section 1397C(d)(4) (relating to treatment of businesses holding intangibles), and ``(3) section 1394(b)(3)(B)(iii) shall be applied without regard to the employee residency requirement. ``(b) Exemption From Volume Cap.--Bonds which are exempt facility bonds by reason of this section shall be treated as not being private activity bonds for purposes of section 146. ``(c) Period of Applicability.--This section shall apply to bonds issued during the period beginning on January 1, 1998, and ending on December 31, 2009.'' (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 6. BONDS OF DISTRICT OF COLUMBIA EXEMPT FROM STATE AND LOCAL TAXES. (a) In General.--Section 485 of the District of Columbia Home Rule Act is amended to read as follows: ``Sec. 485. Bonds and notes issued by the Council pursuant to this title and the interest thereon shall be exempt from all taxation (except estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 7. ZERO PERCENT WITHHOLDING RATE ON PAYMENTS MADE WITH RESPECT TO DC ZONE INSURANCE POLICIES. (a) In General.--Subchapter W of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1400D. ZERO PERCENT WITHHOLDING RATE ON PAYMENTS MADE WITH RESPECT TO DC ZONE INSURANCE POLICIES. ``(a) In General.--The tax and withholding rates under sections 871, 881, 1441, and 1442 shall be zero for any payments made by an exempt insurance company with respect to a DC Zone insurance policy issued by such company. ``(b) Exempt Insurance Company.--For purposes of this section, the term `exempt insurance company' means any insurance company-- ``(1) which is subject to tax under subchapter L, and ``(2) which is a DC Zone business (as defined in section 1400B(c)) or would be such a business if subsection (b) of section 1397B were applied without regard to paragraphs (2), (6), and (8) thereof. ``(c) DC Zone Insurance Policy.--The term `DC Zone insurance policy' means an insurance or annuity contract, including a contract for amounts held at interest, issued by (but not reinsured by) an exempt insurance company in connection with property in, liability arising out of an activity in, or the lives or health of residents of, a country other than the United States. For purposes of this section, the determination of whether a contract is a life insurance contract or an annuity contract shall be made without regard to sections 72(s), 101(f), 871(h), and 7702 if-- ``(1) such contract is regulated as a life insurance contract or an annuity contract by the Department of Insurance and Securities Regulation of the District of Columbia, and ``(2) no policyholder, insured, annuitant, or beneficiary with respect to such policy is a United States person. ``(d) Exclusion From Reporting.--No reporting shall be required under this title from an exempt insurance company with respect to amounts paid by such company under a DC Zone insurance policy to a person who is not a United States person in connection with risks located outside the United States.'' (b) Clerical Amendment.--The table of sections for such subchapter W is amended by adding at the end the following new item: ``Sec. 1400D. Zero percent withholding rate on payments made with respect to DC Zone insurance policies.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid after the date of the enactment of this Act.

District of Columbia Tax Incentives Improvement Act of 2002 - Amends the Internal Revenue Code to designate the entire District of Columbia as an enterprise zone which shall be treated as an empowerment zone.Excludes from gross income capital gains on sale or exchange of District assets held for more than two years (presently the figure is five years). Defines what constitutes a District business. Nullifies the exclusion of any trade or business from counting as a District business for reason of consisting predominantly of dealing in intangibles if: (1) at least 30 percent of the employees of such a business are District residents; and (2) at least 50 percent of the wages are paid to District residents.Extends time line for which provisions of enterprise zone treatment will last. Makes permanent provisions of law pertaining to the first-time homebuyer credit (currently, they last through December 31, 2003). Extends classification of "first-time homebuyer" to certain individuals buying residences due to divorce or separation, and directs the Secretary of Treasury to prescribe regulations to prevent abuses of such provision.Removes the limitation on the amount of tax-exempt enterprise zone facility bonds that can be issued.Exempts certain bonds and notes issued by the District Council and the interest thereon from all taxation (except for estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.Sets the tax and withholding rates for nonresident aliens and foreign corporations at zero for payments made by an "exempt insurance company" with respect to a "DC Zone insurance policy" issued by such company (as such terms are defined by this Act). Relieves exempt insurance companies from reporting requirements with respect to amounts paid under a DC Zone insurance policy to foreigners in connection with risks located outside the United States.

To amend the Internal Revenue Code of 1986 to promote the economic recovery of the District of Columbia.

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

American Innovation $1 Coin Act This bill directs the Department of the Treasury to mint and issue American Innovation $1 coins commemorating an innovation, an individual innovator, or a group of innovators from each state, each U.S. territory, and the District of Columbia. Treasury shall issue four coins per year, in alphabetical order by jurisdiction, until a coin has been issued for each jurisdiction.

American Innovation $1 Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic and Employment Impact Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) Federal regulation is projected to cost $542,000,000,000 by the year 2000; (2) the 1990 United States merchandise trade deficit was $65,400,000,000; (3) excessive Federal regulation and mandates increase the cost of doing business and thus hinder economic growth and employment opportunities; and (4) State and local governments are forced to absorb the cost of unfunded Federal mandates. (b) Purpose.--The purpose of this Act is to-- (1) ensure that the American people are fully apprised of the impact of Federal legislative and regulatory activity on economic growth and employment; (2) require both the Congress and the executive branch to acknowledge and to take responsibility for the fiscal and economic effects of legislative and regulatory actions and activities; (3) to provide a means to ensure congressional or executive branch action is focused on enhancing economic growth and providing increasing job opportunities for Americans; and (4) to protect against congressional or executive branch action which hinders economic growth or eliminates jobs for the American people. SEC. 3. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS. (a) Preparation.--The Comptroller General of the United States shall prepare an economic and employment impact statement, as described in subsection (b), to accompany each bill, resolution, or conference report reported by any committee of the House of Representatives or the Senate or considered on the floor of either House. (b) Contents.--Except as provided in subsection (c), the economic and employment impact statement required by subsection (a) shall-- (1) state the extent to which enactment of the bill, resolution, or conference report would result in increased costs to the private sector, individuals, or State and local governments; and (2) include, at a minimum, a detailed assessment of the annual impact of the bill, resolution, or conference report (projected annually over a 5-year period from its effective date, and, to the extent feasible, expressed in each case in monetary terms) on-- (A) costs to United States consumers; (B) costs to United States business; (C) national employment; (D) the ability of United States industries to compete internationally; (E) affected State and local governments, fiscal and otherwise; (F) outlays and revenues by the Federal Government as compared to outlays and revenues for the same activity in the current fiscal year (as reported by the Congressional Budget Office); and (G) impact on Gross Domestic Product. (c) Exception.--The economic and employment impact statement required by subsection (a) may consist of a brief summary assessment in lieu of the detailed assessment set forth in subsection (b) if preliminary analysis indicates that the aggregate effect of the bill, resolution, or conference report as measured by the criteria set forth in subparagraphs (A) through (G) of subsection (b) is less than $100,000,000 or 10,000 jobs in national employment. (d) Statement With All Legislation.--The economic and employment impact statement required by this section shall accompany each bill, resolution, or conference report before such bill, resolution, or conference report may be reported or otherwise considered on the floor of either House. SEC. 4. POINT OF ORDER IN HOUSE OR SENATE. (a) Rule.--It shall not be in order in either the House of Representatives or the Senate to consider on the floor any bill, resolution, or conference report, whether or not reported by any committee of the House of Representatives or the Senate, unless that bill, resolution, or conference report includes the economic and employment impact statement required by section 3. (b) Waiver.--A point of order made under this section may be waived in the Senate by a three-fifths affirmative vote of Senators, duly chosen and sworn, and in the House of Representatives by a three-fifths affirmative vote of Members, duly chosen and sworn. SEC. 5. EXECUTIVE REGULATIONS. Each regulation and proposed regulation promulgated by a Federal department or executive agency shall be accompanied by an economic and employment impact statement prepared, in accordance with subsection (b) of section 3, by the department or agency promulgating the regulation or proposed regulation. The economic and employment impact statement shall be published in the Federal Register together with such regulation or proposed regulation. SEC. 6. PROVISION FOR NATIONAL SECURITY EMERGENCY WAIVER. (a) Congressional Economic Impact Statements.--The Congress may waive the requirements of section 3 at any time in which a declaration of war is in effect, or in response to a national security emergency at the request of the President. (b) Executive Regulations.--The President may waive the requirements of section 5 at any time in which a declaration of war is in effect, or in response to a national security emergency as determined by the President in consultation with Congress. SEC. 7. REPEAL OF SENATE RULE. Paragraph 11 of rule XXVI of the Standing Rules of the Senate is repealed. SEC. 8. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of the Act.

Economic and Employment Impact Act - Directs the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report before it may be reported or otherwise considered on the floor of either House of Congress. Requires such statement to: (1) state the extent to which enactment of such legislation would result in increased costs to the private sector, individuals, or State and local governments; and (2) include a detailed assessment of the annual impact of such legislation on consumer and business costs, employment, the Gross Domestic Product, and other specified criteria. Provides that such statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect of the legislation is less than $100 million or 10,000 jobs in national employment. Authorizes the Congress to waive the requirements at any time in which a declaration of war is in effect or in response to a national security emergency at the request of the President. Provides that it shall not be in order in either House of Congress to consider any legislation that does not include such a statement. Allows such point of order to be waived. Requires each regulation and proposed regulation promulgated by an executive department or agency to be accompanied by such a statement and published with such statement in the Federal Register. Authorizes the President to waive the requirements of this paragraph at any time in which a declaration of war is in effect or in response to a national security emergency. Amends rule XXVI of the Standing Rules of the Senate to repeal provisions concerning congressional committee reports accompanying bills and resolutions.

Economic and Employment Impact Act

SECTION 1. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Mid-level ethanol blend.--The term ``mid-level ethanol blend'' means an ethanol-gasoline blend containing greater than 10 and up to and including 20 percent ethanol by volume that is intended to be used in any conventional gasoline-powered onroad, nonroad, or marine engine, or onroad or nonroad vehicle. SEC. 2. EVALUATION. (a) In General.--The Administrator, acting through the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency, shall-- (1) not later than 45 days after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences to provide, within 18 months after the date of enactment of this Act, a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, comparing mid-level ethanol blends to gasoline blends containing 10 percent or zero percent ethanol; and (2) not later than 30 days after receiving the results of the assessment under paragraph (1), submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate on the findings of the assessment, together with the agreement or disagreement of the Administrator with each of its findings. (b) Waivers.--Prior to the submission of the report under subsection (a)(2), any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of mid-level ethanol blends for use in motor vehicles shall have no force or effect. The Administrator shall grant no new waivers under such section 211(f)(4) until after the submission of the report described under subsection (a)(2). (c) Contents.--The assessment performed under subsection (a)(1) shall include the following: (1) An evaluation of the short-term and long-term environmental, safety, durability, and performance effects of the introduction of mid-level ethanol blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment. Such evaluation shall consider the impacts of qualifying mid-level ethanol blends or blends with higher ethanol concentrations as a certification fuel, and shall consider the effect mid-level ethanol blends have on carbon emissions, taking into account carbon emissions from their life-cycle production, as compared to gasoline blends containing 10 percent or zero percent ethanol. Such evaluation shall include a review of all available scientific evidence, including all relevant government and industry data and testing, including that relied upon by the Administrator and published at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76 Fed. Reg. 4662 et seq. (January 26, 2011), and 76 Fed. Reg. 44406 et seq. (July 25, 2011), and identify gaps in understanding and research needs related to-- (A) tailpipe emissions; (B) evaporative emissions; (C) engine and fuel system durability; (D) onboard diagnostics; (E) emissions inventory and other modeling effects; (F) materials compatibility; (G) operability and drivability; (H) fuel efficiency; (I) fuel economy; (J) consumer education and satisfaction; (K) cost-effectiveness for the consumer; (L) catalyst durability; and (M) durability of storage tanks, piping, and dispensers for retail. (2) An identification of areas of research, development, and testing necessary to-- (A) ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends, including an examination of potential impacts of mid- level ethanol blends on metal, plastic, rubber, or any other materials used in pipes or storage tanks; and (B) reduce the risk of misfueling by users at various points in the distribution and supply chain, including at bulk storage, retail storage, and distribution configurations by-- (i) assessing the best methods and practices to prevent misfueling; (ii) examining misfueling mitigation strategies for blender pumps, including volumetric purchase requirements and labeling requirements; (iii) assessing the adequacy of misfueling mitigation plans approved by the Environmental Protection Agency; and (iv) examining the technical standards and recommendations of the National Institute of Standards and Technology, the American National Standards Institute, and the International Organization for Standardization regarding fuel pump labeling. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In order to carry out this Act, the Administrator shall utilize up to $900,000 from the funds made available for science and technology, including research and development activities, at the Environmental Protection Agency.

(Sec. 2) Requires the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency (EPA) to: enter into an agreement with the National Academy of Sciences to make a comprehensive assessment of research on the implications of using mid-level ethanol blends, comparing mid-level ethanol blends to gasoline blends containing 10% and 0% ethanol; and report on assessment findings and whether the EPA Administrator agrees or disagrees with each of them. Defines a mid-level ethanol blend as an ethanol-gasoline blend containing greater than 10% and up to and including 20% ethanol by volume that is intended to be used in any conventional gasoline-powered onroad, nonroad, or marine engine, or onroad or nonroad vehicle. Nullifies waivers granted under the Clean Air Act before the enactment of this Act that allow the introduction into commerce of mid-level ethanol blends for use in motor vehicles, and prohibits the Administrator from granting any new waivers until after the report is submitted. Requires the assessment to include: (1) an evaluation of the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) an identification of areas of research, development, and testing necessary to ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends and to reduce the risk of misfueling by users at various points in the distribution and supply chain. Requires the evaluation to review all available scientific evidence and identify gaps in understanding and research needs related to tailpipe emissions, evaporative emissions, engine and fuel system durability, onboard diagnostics, emissions inventory and other modeling effects, materials compatibility, operability and drivability, fuel efficiency, fuel economy, consumer education and satisfaction, cost-effectiveness for the consumer, catalyst durability, and durability of storage tanks, piping, and dispensers for retail. (Sec. 3) Directs the Administrator to use certain funds made available to the EPA for science and technology, including research and development activities, to carry out this Act.

To provide for a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes.

67, and approved by Congress, allow for such further authorizations. TITLE II--GENERAL PROVISIONS SEC. 201. ANNUAL REPORT. Section 3(f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(f)) is amended to read as follows: ``(f) The Foundation shall provide an annual report to the President which shall be submitted by the Director to the Congress at the time of the President's annual budget submission. The report shall-- ``(1) contain a strategic plan, or an update to a previous strategic plan, which-- ``(A) defines for a three-year period the overall goals for the Foundation and specific goals for each major activity of the Foundation, including each scientific directorate, the education directorate, and the polar programs office; and ``(B) describe how the identified goals relate to national needs and will exploit new opportunities in science and technology; ``(2) identify the criteria and describe the procedures which the Foundation will use to assess progress toward achieving the goals identified in accordance with paragraph (1); ``(3) review the activities of the Foundation during the preceding year which have contributed toward achievement of goals identified in accordance with paragraph (1) and summarize planned activities for the coming three years in the context of the identified goals, with particular emphasis on the Foundation's planned contributions to major multi-agency research and education initiatives; ``(4) contain such recommendations as the Foundation considers appropriate; and ``(5) include information on the acquisition and disposition by the Foundation of any patents and patent rights.''. SEC. 202. NATIONAL RESEARCH FACILITIES. (a) Facilities Plan.--The Director shall provide to Congress annually, as a part of the report required under section 3(f) of the National Science Foundation Act of 1950, a plan for the proposed construction of, and repair and upgrades to, national research facilities. The plan shall include estimates of the cost for such construction, repairs, and upgrades, and estimates of the cost for the operation and maintenance of existing and proposed new facilities. For proposed new construction and for major upgrades to existing facilities, the plan shall include funding profiles by fiscal year and milestones for major phases of the construction. The plan shall include cost estimates in the categories of construction, repair, and upgrades for the year in which the plan is submitted to Congress and for not fewer than the succeeding 4 years. (b) Limitation on Obligation of Unauthorized Appropriations.--No funds appropriated for any project which involves construction of new national research facilities or construction necessary for upgrading the capabilities of existing national research facilities shall be obligated unless the funds are specifically authorized for such purpose by this Act or any other Act which is not an appropriations Act, or unless the total estimated cost to the Foundation of the construction project is less than $50,000,000. This subsection shall not apply to construction projects approved by the National Science Board prior to June 30, 1994. SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS. Section 203(b) of the Academic Research Facilities Modernization Act of 1988 is amended by striking the final sentence of paragraph (3) and inserting in lieu thereof the following: ``The Director shall give priority to institutions or consortia that have not received such funds in the preceding 5 years, except that this sentence shall not apply to previous funding received for the same multiyear project.''. SEC. 204. ADMINISTRATIVE AMENDMENTS. (a) National Science Foundation Act of 1950 Amendments.--The National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended-- (1) by redesignating the subsection (k) of section 4 (42 U.S.C. 1863(k)) that was added by section 108 of the National Science Foundation Authorization Act of 1988 as subsection (l); (2) in section 5(e) (42 U.S.C. 1864(e)) by amending paragraph (2) to read as follows: ``(2) Any delegation of authority or imposition of conditions under paragraph (1) shall be promptly published in the Federal Register and reported to the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives.''; (3) by inserting ``be entitled to'' between ``shall'' and ``receive'', and by inserting ``, including traveltime,'' after ``Foundation'' in section 14(c) (42 U.S.C. 1873(c)); (4) by striking section 14(j) (42 U.S.C. 1873(j)); and (5) by striking ``Atomic Energy Commission'' in section 15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof ``Secretary of Energy''. (b) National Science Foundation Authorization Act, 1976 Amendments.--Section 6(a) of the National Science Foundation Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking ``social,'' the first place it appears. (c) National Science Foundation Authorization Act of 1988 Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is amended to read as follows: ``(v) from schools established outside the several States and the District of Columbia by any agency of the Federal Government for dependents of its employees.''. (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is amended by striking ``Science and Engineering Education'' and inserting in lieu thereof ``Education and Human Resources''. (d) Education for Economic Security Act Amendments.--Section 107 of Education for Economic Security Act (20 U.S.C. 3917) is repealed. (e) Technical Amendment.--The second subsection (g) of section 3 of the National Science Foundation Act of 1950 is repealed. SEC. 205. INDIRECT COSTS. (a) Matching Funds.--Matching funds required pursuant to section 204(a)(2)(C) of the Academic Research Facilities Modernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities costs for purposes of determining indirect cost rates. (b) Report.--The Director of the Office of Science and Technology Policy, in consultation with other relevant agencies, shall prepare a report analyzing what steps would be needed to-- (1) reduce by 10 percent the proportion of Federal assistance to institutions of higher education that are allocated for indirect costs; and (2) reduce the variance among indirect cost rates of different institutions of higher education, including an evaluation of the relative benefits and burdens of each option on institutions of higher education. Such report shall be transmitted to the Congress no later than December 31, 1995. SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES. The Foundation shall incorporate the guidelines set forth in Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754, April 12, 1983), relating to the use and operation of Foundation- supported research instrumentation and facilities, in its notice of Grant General Conditions, and shall examine more closely the adherence of grantee organizations to such guidelines. SEC. 207. FINANCIAL DISCLOSURE. Persons temporarily employed by or at the Foundation shall be subject to the same financial disclosure requirements and related sanctions under the Ethics in Government Act of 1978 as are permanent employees of the Foundation in equivalent positions. SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY. In order to be eligible to receive funds from the Foundation after September 30, 1995, an institution of higher education must provide that whenever any student of the institution who is a member of the National Guard, or other reserve component of the Armed Forces of the United States, is called or ordered to active duty, other than active duty for training, the institution shall grant the member a military leave of absence from their education. Persons on military leave of absence from their institution shall be entitled, upon release from military duty, to be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student. SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES. None of the funds authorized by this Act shall be available for any activity whose purpose is to influence legislation pending before the Congress, provided that this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. SEC. 210. SCIENCE STUDIES INSTITUTE. (a) Amendment.--Section 822 of the National Defense Authorization Act for Fiscal 1991 (42 U.S.C. 6686) is amended-- (1) by striking ``Critical Technologies Institute'' in the section heading and in subsection (a), and inserting in lieu thereof ``Science Studies Institute''; (2) in subsection (b) by striking ``As determined by the chairman of the committee referred to in subsection (c), the'' and inserting in lieu thereof ``The''; (3) by striking subsection (c), and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively; (4) in subsection (c), as so redesignated by paragraph (3) of this subsection-- (A) by inserting ``science and'' after ``developments and trends in'' in paragraph (1); (B) by striking ``with particular emphasis'' in paragraph (1) and all that follows through the end of such paragraph and inserting in lieu thereof ``and developing and maintaining relevant informational and analytical tools.''; (C) by striking ``to determine'' and all that follows through ``technology policies'' in paragraph (2) and inserting in lieu thereof ``with particular attention to the scope and content of the Federal science and technology research and develop portfolio as it affects interagency and national issues''; (D) by amending paragraph (3) to read as follows: ``(3) Initiation of studies and analysis of alternatives available for ensuring the long-term strength of the United States in the development and application of science and technology, including appropriate roles for the Federal Government, State governments, private industry, and institutions of higher education in the development and application of science and technology.''; (E) by inserting ``science and'' after ``Executive branch on'' in paragraph (4)(A); and (F) by amending paragraph (4)(B) to read as follows: ``(B) to the interagency committees and panels of the Federal Government concerned with science and technology.''; (5) in subsection (d), as so redesignated by paragraph (3) of this subsection, by striking ``subsection (d)'' and inserting in lieu thereof ``subsection (c)''; and (6) by amending subsection (f), as so redesignated by paragraph (3) of this subsection, to read as follows: ``(f) Sponsorship.--The Director of the Office of Science and Technology Policy shall be the sponsor of the Institute.''. (b) Conforming Usage.--All references in Federal law or regulations to the Critical Technologies Institute shall be considered to be references to the Science Studies Institute. SEC. 211. EDUCATIONAL IMPACT. (a) Findings.--The Congress finds that-- (1) Federal research funds made available to institutions of higher education often create incentives for such institutions to emphasize research over undergraduate teaching and to narrow the focus of their graduate programs; and (2) National Science Foundation funds for Research and Related Activities should be spent in the manner most likely to improve the quality of undergraduate and graduate education in institutions of higher education. (b) Educational Impact.--(1) The impact that a grant or cooperative agreement by the National Science Foundation would have on undergraduate and graduate education at an institution of higher education shall be a factor in any decision whether to award such grant or agreement to that institution. (2) Paragraph (1) shall be effective with respect to any grant or cooperative agreement awarded after September 30, 1996. (c) Report.--The Director shall provide a plan for the implementation of subsection (b) of this section, no later than December 31, 1995, to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Labor and Human Resources of the Senate. SEC. 212. DIVISIONS OF THE FOUNDATION. (a) Amendment.--Section 8 of the National Science Foundation Act of 1950 (42 U.S.C. 1866) is amended by inserting ``The Director may appoint, in consultation with the Board, not more than 6 Assistant Directors to assist in managing the Divisions.'' after ``time to time determine.''. (b) Report.--By November 15, 1995, the Director shall transmit to the Congress a report on the reorganization of the National Science Foundation required as a result of the amendment made by subsection (a). SEC. 213. LIMITATION ON APPROPRIATIONS. (a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding any other provision of law, no sums are authorized to be appropriated for fiscal year 1996 for the activities of the National Science Foundation unless such sums are specifically authorized to be appropriated by this Act. (b) Subsequent Fiscal Years.--No sums are authorized to be appropriated for any fiscal year after fiscal year 1996 for the activities of the National Science Foundation unless such sums are specifically authorized to be appropriated by Act of Congress with respect to such fiscal year. SEC. 214. ELIGIBILITY FOR AWARDS. (a) In General.--The Director shall exclude from consideration for awards of financial assistance made by the National Science Foundation after fiscal year 1995 any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1995, from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to awards to persons who are members of a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. HR 1852 RH----2

TABLE OF CONTENTS: Title I: National Science Foundation Authorization Title II: General Provisions National Science Foundation Authorization Act of 1995 - Title I: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997. (Sec. 104) Provides for reprogramming of appropriations. (Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF. Title II: General Provisions - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. (Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. (Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. (Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices. (Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity. (Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. (Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors. (Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.)

National Science Foundation Authorization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Litigation Relief for Forest Management Projects Act''. SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974. (a) Consultation Regarding Land Management Plans.--Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended-- (1) by striking ``(d) The Secretary'' and inserting the following: ``(d) Public Participation and Consultation.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land management plans.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; or ``(ii) any provision of a land management plan adopted as described in clause (i). ``(B) Effect of paragraph.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(i) regarding any project to implement a land management plan, including a project carried out, or proposed to be carried out, in an area designated as critical habitat pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.); or ``(ii) with respect to the development of a modification to a land management plan that would result in a significant change (within the meaning of subsection (f)(4)) in the land management plan.''. (b) Definition of Secretary; Conforming Amendments.-- (1) Definition of secretary.--Section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting ``(referred to in this Act as the `Secretary')'' after ``Secretary of Agriculture''. (2) Conforming amendments.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended, in sections 4 through 9, 12, 13, and 15, by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary''. SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 202(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(f)) is amended-- (1) by striking ``(f) The Secretary'' and inserting the following: ``(f) Public Involvement.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land use plans.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary as of the date of listing or designation; or ``(ii) any provision of a land use plan adopted as described in clause (i). ``(B) Effect of paragraph.-- ``(i) Definition of significant change.--In this subparagraph, the term `significant change' means a significant change within the meaning of section 219.13(b)(3) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph), except that-- ``(I) any reference contained in that section to a land management plan shall be deemed to be a reference to a land use plan; ``(II) any reference contained in that section to the Forest Service shall be deemed to be a reference to the Bureau of Land Management; and ``(III) any reference contained in that section to the National Forest Management Act of 1976 (Public Law 94- 588; 90 Stat. 2949) shall be deemed to be a reference to this Act. ``(ii) Effect.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(I) regarding a project carried out, or proposed to be carried out, with respect to a species listed as threatened or endangered, or in an area designated as critical habitat, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.); or ``(II) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan.''.

Litigation Relief for Forest Management Projects Act This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976 to prohibit the Department of Agriculture (USDA) or the Department of the Interior from being required to engage in any additional consultation with respect to: (1) the listing of a species as threatened or endangered, or a designation of a critical habitat, if a land management plan or land use plan, respectively, has been adopted by USDA or Interior as of the date of the listing or designation; or (2) any provision of such an adopted plan.

Litigation Relief for Forest Management Projects Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Paleontological resources are nonrenewable. Such resources on Federal lands are an accessible and irreplaceable part of the heritage of the United States and offer significant educational opportunities to all citizens. (2) Existing Federal laws, statutes, and other provisions that manage paleontological resources are not articulated in a unified national policy for Federal land management agencies and the public. Such a policy is needed to improve scientific understanding, to promote responsible stewardship, and to facilitate the enhancement of responsible paleontological collecting activities on Federal lands. (3) Consistent with the statutory provisions applicable to each Federal land management system, reasonable access to paleontological resources on Federal lands should be provided for scientific, educational, and recreational purposes. SEC. 3. PURPOSE. The purpose of this Act is to establish a comprehensive national policy for preserving and managing paleontological resources on Federal lands. SEC. 4. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for personal, scientific, educational or recreational use, either by surface collection or using non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means lands administered by the Secretary of the Interior, except Indian lands, or National Forest System Lands administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Lands'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1))); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). (7) Common invertebrate and plant paleontological resources.--The term ``common invertebrate and plant paleontological resources'' means fossils that are not significant. (8) Significant.--The term ``significant'' is a fossil that meets scientific significance criteria as determined by the Secretary in the promulgation of uniform rules and regulations under this Act. (9) Qualified applicant.--The term ``qualified applicant'' is someone who possesses a graduate degree in paleontology or related topics; or the equivalent experience with one who meets that standard. SEC. 5. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination of Implementation.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands administered by the Bureau of Land Management, the Bureau of Reclamation, and the U.S. Forest Service, where such collection is not inconsistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the permitted activity shall be carried out by a qualified applicant; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 9 or is assessed a civil penalty under section 10. SEC. 8. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 9. PROHIBITED ACTS; PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, exchanged, transported, or received from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.-- (1) In general.--Except as provided in paragraphs (2) and (3), a person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be guilty of a class A misdemeanor. (2) Damage over $1,000.--If the sum of the scientific or fair market value of the paleontological resources involved and the cost of restoration and repair of such resources exceeds the sum of $1,000, such person shall, upon conviction, be guilty of a class E felony. (3) Multiple offenses.--In the case of a second or subsequent such violation, such person shall, upon conviction, be guilty of a class D felony. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 10. CIVIL PENALTIES FOR VIOLATIONS OF REGULATIONS OR PERMIT CONDITIONS. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order with an appropriate Federal district court within the 30-day period beginning on the date the order making the assessment was issued. The court shall hear the action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Any penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of Rewards as provided in section 11. SEC. 11. REWARDS FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 9 or 10 an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 9 or 10 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, may be subject to forfeiture to the United States upon-- (1) the person's conviction of the violation under section 9; (2) assessment of a civil penalty against any person under section 10 with respect to the violation; or (3) a determination by any court that the paleontological resources, vehicles, or equipment were involved in the violation. SEC. 12. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be withheld from the public under subchapter II of chapter 5 of title 5, United States Code, or under any other provision of law unless the responsible Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 13. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue uniform regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 14. ROCK COLLECTING ON NATIONAL FOREST SYSTEM LANDS. Casual collecting of rocks and minerals for personal use is a valid use of National Forest System lands and requires no permit except as provided by other statutes and agency regulations. SEC. 15. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), the Mining in the Parks Act, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time existing laws and authorities relating to reclamation and multiple uses of the public lands; (3) apply to, or require a permit for, amateur collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 16. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Paleontological Resources Preservation Act - Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources.Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act.Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act.Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions.Declares that no permit is required by this Act for the casual collecting of rocks and minerals on National Forest System lands for personal use.

To provide for the protection of paleontological resources on Federal lands, 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 the ``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 amending paragraph (1) to read as follows: ``(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 such employee is so employed, if such employee is employed by such employee's 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) 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 in youth peddling''. (b) Oppressive Child Labor.--Section 3(l) (29 U.S.C. 203(l)) is amended in the last sentence by striking ``manufacturing and mining'' and inserting ``manufacturing, mining, and youth peddling''. (b) Definition.--Section 3 (29 U.S.C. 203) is amended by adding at the end the following: ``(y) `Youth peddling' means selling goods or services by employees under the age of 16 to customers at their residences, places of business, or public places such as street corners or public transportation stations. The term `youth peddling' does not include-- ``(1) the activities of individuals who, as volunteers, sell goods or services on behalf of not-for-profit organizations; or ``(2) certain categories of employment, such as seasonal employment, which the Secretary may by regulation exclude from such term.''. (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: ``, 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 inserting after ``notice of any such violation'' the following ``or any other such shipment or delivery for shipment that the Secretary determines 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 AND MEMORANDUM OF UNDERSTANDING. (a) Regulations.--The Secretary of Labor shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act. (b) Memorandum of Understanding.--The Secretary of Labor and the Secretary of Agriculture shall, not later than 180 days after the date of enactment of this Act, enter into a memorandum or understanding to coordinate the development and enforcement of standards to minimize child labor.

Children's Act for Responsible Employment - CARE Act - Amends the Fair Labor Standards Act of 1938 (FLRA) to revise child labor prohibitions. (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 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 with 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 Secretaries of Labor and of Agriculture to enter into a memorandum or understanding to coordinate the development and enforcement of standards to minimize child labor.

CARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counterfeit Drug Enforcement Act''. SEC. 2. RECALL AUTHORITY REGARDING DRUGS. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C the following section: ``SEC. 506D. RECALL AUTHORITY. ``(a) Order to Cease Distribution of Drug; Notification of Health Professionals.-- ``(1) In general.--If the Secretary finds that there is a reasonable probability that a drug intended for human use would cause serious, adverse health consequences or death, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug)-- ``(A) to immediately cease distribution of the drug; and ``(B) to immediately notify health professionals of the order and to instruct such professionals to cease administering or prescribing the drug. ``(2) Informal hearing.--An order under paragraph (1) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the drug involved. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(b) Order to Recall Drug.-- ``(1) In general.--If, after providing an opportunity for an informal hearing under subsection (a)(2), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall, except as provided in paragraphs (2) and (3), amend the order to require a recall. The Secretary shall specify a timetable in which the drug recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. ``(2) Certain actions.--An amended order under paragraph (1)-- ``(A) shall not include recall of a drug from individuals; and ``(B) shall provide for notice to individuals subject to the risks associated with the use of the drug. ``(3) Assistance of health professionals.--In providing the notice required by paragraph (2)(B), the Secretary may use the assistance of health professionals who administered the drug involved to individuals or prescribed the drug for individuals. If a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b).''. SEC. 3. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE. (a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the following paragraph: ``(3) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(a), 301(b), or 301(c) with respect to a drug that is subject to section 503(b)(1)(B), if the person knowingly caused the drug to be adulterated or misbranded and sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both.''. (b) Notification of Food and Drug Administration by Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(k)) is amended by adding at the end the following paragraph: ``(3) A manufacturer of a drug that receives or otherwise becomes aware of information that reasonably suggests that a violation described in section 303(a)(3) may have occurred with respect to the drug shall report such information to the Secretary not later than 48 hours after first receiving or otherwise becoming aware of the information.''. (c) Increased Funding for Inspections, Examinations, and Investigations.--For the purpose of increasing the capacity of the Food and Drug Administration to conduct inspections, examinations, and investigations under the Federal Food, Drug, and Cosmetic Act with respect to violations described in section 303(a)(3) of such Act, there is authorized to be appropriated $60,000,000 for each of the fiscal years 2006 through 2010, in addition to other authorizations of appropriations that are available for such purpose.

Counterfeit Drug Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to: (1) cease distribution of the drug; (2) notify health professionals of the order and instruct such professionals to cease administering or prescribing the drug; and (3) amend the order to include a recall if necessary. Establishes a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated or misbranded and sells or trades the drug; or (2) purchases or trades for such drug knowing or having reason to know that the drug was knowingly adulterated or misbranded. Requires a manufacturer of a drug to notify the Secretary within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred. Increases funding for Food and Drug Administration (FDA) inspections, examinations, and investigations.

To amend the Federal Food, Drug, and Cosmetic Act to establish recall authority regarding drugs, to increase criminal penalties for the sale or trade of prescription drugs knowingly caused to be adulterated or misbranded, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Millennium Classrooms Act''. SEC. 2. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS. (a) Extension of Age of Eligible Computers.--Section 170(e)(6)(B)(ii) of the Internal Revenue Code of 1986 (defining qualified elementary or secondary educational contribution) is amended-- (1) by striking ``2 years'' and inserting ``3 years'', and (2) by inserting ``for the taxpayer's own use'' after ``constructed by the taxpayer''. (b) Reacquired Computers Eligible for Donation.-- (1) In general.--Section 170(e)(6)(B)(iii) of the Internal Revenue Code of 1986 (defining qualified elementary or secondary educational contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (2) Conforming amendment.--Section 170(e)(6)(B)(ii) of such Code is amended by inserting ``or reaquired'' after ``acquired''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 3. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS. ``(a) General Rule.--For purposes of section 38, the school computer donation credit determined under this section is an amount equal to 30 percent of the qualified elementary or secondary educational contributions (as defined in section 170(e)(6)(B)) made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified elementary or secondary educational contribution (as so defined) to an educational organization or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(d) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the New Millennium Classrooms Act. (b) Current Year Business Credit Calculation.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the school computer donation credit determined under section 45D(a).'' (c) Disallowance of Deduction by Amount of Credit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School Computer Donations.--No deduction shall be allowed for that portion of the qualified elementary or secondary educational contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45D(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of school computer donation credit before effective date.--No amount of unused business credit available under section 45D may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.'' (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45C the following: ``Sec. 45D. Credit for computer donations to schools.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

New Millennium Classrooms Act - Amends the Internal Revenue Code to: (1) increase from two to three years the age of computer equipment that corporations may donate to tax-exempt schools and for which they may receive a tax deduction; and (2) allow a business tax credit of 30 percent of the value of computer equipment donated to tax-exempt schools. Increases the amount of such credit to 50 percent for contributions to schools in empowerment zones, enterprise communities, and Indian reservations.

New Millennium Classrooms Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Mount St. Helens National Volcanic Monument Completion Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (96 Stat. 301; 16 U.S.C. 431 note), required the United States to acquire all land and interests in land in the Mount St. Helens National Volcanic Monument. (2) The Act directed the Secretary of Agriculture to acquire the surface interests and the mineral and geothermal interests by separate exchanges and expressed the sense of the Congress that the exchanges be completed by November 24, 1982, and August 26, 1983, respectively. (3) The surface interests exchange was consummated timely, but the exchange of all mineral and geothermal interests has not yet been completed a decade and a half after the enactment of the Act. (b) Purpose.--The purpose of this Act is to facilitate and otherwise provide for the expeditious completion of the previously mandated Federal acquisition of private mineral and geothermal interests within the Mount St. Helens National Volcanic Monument. SEC. 3. ACQUISITION OF MINERAL AND GEOTHERMAL INTERESTS WITHIN MOUNT ST. HELENS NATIONAL VOLCANIC MONUMENT. Section 3 of the Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (Public Law 97-243; 96 Stat. 302; 16 U.S.C. 431 note), is amended by adding at the end the following new subsections: ``(g) Exchanges For Mineral and Geothermal Interests Held by Certain Companies.-- ``(1) Definition of company.--In this subsection, the term `company' means a company referred to in subsection (c) or its assigns or successors. ``(2) Exchange required.--Within 60 days after the date of enactment of this subsection, the Secretary of the Interior shall acquire by exchange the mineral and geothermal interests in the Monument of each company. ``(3) Monetary credits.-- ``(A) Issuance.--In exchange for all mineral and geothermal interests acquired by the Secretary of the Interior from each company under paragraph (2), the Secretary of the Interior shall issue to each such company monetary credits with a value of $2,100,000 that may be used for the payment of-- ``(i) not more than 50 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) in the contiguous 48 States; ``(ii) not more than 10 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases in Alaska under the laws specified in clause (i); ``(iii) not more than 50 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease in the contiguous 48 States issued under the laws specified in clause (i); or ``(iv) not more than 10 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease in Alaska issued under the laws specified in clause (i). ``(B) Value of credits.--The total credits of $4,200,000 in value issued under subparagraph (A) are deemed to equal the fair market value of all mineral and geothermal interests to be conveyed by exchange under paragraph (2). ``(4) Acceptance of credits.--The Secretary of the Interior shall accept credits issued under paragraph (3)(A) in the same manner as cash for the payments described in such paragraph. The use of the credits shall be subject to the laws (including regulations) governing such payments, to the extent the laws are consistent with this subsection. ``(5) Treatment of credits for distribution to states.--All amounts in the form of credits accepted by the Secretary of the Interior under paragraph (4) for the payments described in paragraph (3)(A) shall be considered to be money received for the purpose of section 35 of the Mineral Leasing Act (30 U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). ``(6) Exchange account.-- ``(A) Establishment.--Notwithstanding any other provision of law, not later than 30 days after the completion of the exchange with a company required by paragraph (2), the Secretary of the Interior shall establish an exchange account for that company for the monetary credits issued to that company under paragraph (3). The account for a company shall be established with the Minerals Management Service of the Department of the Interior and have an initial balance of credits equal to $2,100,000. ``(B) Use of credits.--The credits in a company's account shall be available to the company for the purposes specified in paragraph (3)(A). The Secretary of the Interior shall adjust the balance of credits in the account to reflect credits accepted by the Secretary of the Interior pursuant to paragraph (4). ``(C) Transfer or sale of credits.-- ``(i) Transfer or sale authorized.--A company may transfer or sell any credits in the company's account to another person. ``(ii) Use of transferred credits.--Credits transferred or sold under clause (i) may be used in accordance with this subsection only by a person that is qualified to bid on, or that holds, a mineral, oil, or gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). ``(iii) Notification.--Within 30 days after the transfer or sale of any credits by a company, that company shall notify the Secretary of the Interior of the transfer or sale. The transfer or sale of any credit shall not be considered valid until the Secretary of the Interior has received the notification required under this clause. ``(D) Time limit on use of credits.--On the date that is 5 years after the date on which an account is created under subparagraph (A) for a company, the Secretary of the Interior shall terminate that company's account. Any credits that originated in the terminated account and have not been used as of the termination date, including any credits transferred or sold under subparagraph (C), shall become unusable. ``(7) Title to interests.--On the date of the establishment of an exchange account for a company under paragraph (6)(A), title to any mineral and geothermal interests that are held by the company and are to be acquired by the Secretary of the Interior under paragraph (2) shall transfer to the United States. ``(h) Other Mineral and Geothermal Interests.--Within 180 days after the date of the enactment of this subsection, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report-- ``(1) identifying all remaining privately held mineral interests within the boundaries of the Monument referred to in section 1(a); and ``(2) setting forth a plan and a timetable by which the Secretary would propose to complete the acquisition of such interests.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mount St. Helens National Volcanic Monument Completion Act - Requires the Secretary of the Interior to acquire, by exchange, the mineral and geothermal interests of each company (Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington. Sets forth requirements and administrative procedures for such exchange, including requiring the Secretary, in exchange for all mineral and geothermal interests acquired from each company, to issue to each such company monetary credits with a value of $2.1 million that may be used for the payment of: (1) not more than 50 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970 in the contiguous 48 States; (2) not more than ten percent of the bonus or other payments made by successful bidders in any sales of such leases under such Acts; (3) not more than 50 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil, or gas, or geothermal lease in the 48 contiguous States issued under such Acts; or (4) not more than ten percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil, or gas, or geothermal lease in Alaska issued under such Acts. Requires the Secretary to accept credits in the same manner as cash for the payments. Requires that all amounts in the form of credits accepted by the Secretary for the payments be considered to be money received for the purpose of the Mineral Leasing Act and the Geothermal Steam Act of 1970. Directs the Secretary, not later than 30 days after the completion of the required exchange with a company, to establish an exchange account for that company for the monetary credits issued to it. Permits: (1) a company to transfer or sell any credits in the company's account to another person; and (2) such credits transferred or sold to be used only by a person that is qualified to bid on, or that holds, a mineral, oil, or gas lease under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970. Terminates an account created for a company five years after creation. Requires the Secretary to report to specified congressional committees on: (1) all remaining privately held mineral interests within the boundaries of the Monument; and (2) a plan and a timetable by which the Secretary would propose to complete the acquisition of such interests.

Mount St. Helens National Volcanic Monument Completion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Homes Act of 2008''. SEC. 2. MODIFICATION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.-- (1) Modification of credit amount.--Paragraph (2) of section 45L(a) of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is an amount equal to-- ``(A) in the case of an Energy Star Home, $700, ``(B) in the case of an Energy Plus Home, $2,000, ``(C) in the case of an Energy Saver Home, $5,000, and ``(D) in the case of Zero Energy Home, $10,000.''. (2) Modification of energy saving requirement.--Subsection (c) of section 45L of such Code is amended to read as follows: ``(c) Energy Savings Requirements.-- ``(1) In general.--A dwelling unit meets the energy savings requirements of this subsection if such unit is described in paragraph (2). ``(2) Applicable dwelling units.--For purposes of this section-- ``(A) Energy star home.--The term `Energy Star Home' means a dwelling unit which meets the requirements established by the Administrator of the Environmental Agency under the Energy Star Labeled Homes program. ``(B) Energy plus home.--The term `Energy Plus Home' means a dwelling unit which is certified under the most recent Mortgage Industry National Home Energy Rating Systems Standards as having a relative energy use index value of more than 50, but not more than 70. ``(C) Energy saver home.--The term `Energy Saver Home' means a dwelling unit which meets the requirements of subparagraph (B) applied by substituting `0' for `50' and `50' for `70'. ``(D) Zero energy home.--The term `Zero Energy Home' means a dwelling unit which meets the requirements of subparagraph (B) applied by substituting `0' for `more than 50, but not more than 70'.''. (3) Modification of termination.--Subsection (g) of section 45L of such Code (relating to termination) is amended to read as follows: ``(g) Termination.--This section shall not apply to any qualified new energy efficient home acquired after-- ``(1) in the case of an Energy Star Home, December 31, 2011, ``(2) in the case of a Energy Star Home, December 31, 2013, ``(3) in the case of a Energy Plus Home, December 31, 2015, and ``(4) in the case of a Zero Energy Home, December 31, 2018.''. (b) Effective Date.--The amendments made by this section shall apply to new energy efficient homes acquired after December 31, 2008. SEC. 3. ENERGY EFFICIENT HOME PURCHASE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. ENERGY EFFICIENT HOME PURCHASE DEDUCTION. ``(a) In General.--There shall be allowed as a deduction for the taxable year an amount equal to the difference of-- ``(1) the amount paid or incurred by the taxpayer for the taxable year in acquiring or constructing an energy efficient dwelling unit, over ``(2) the acquisition or construction cost, as the case may be, of a comparable dwelling unit. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Energy efficient dwelling unit.--The term `energy efficient dwelling unit' means any dwelling unit described in section 45L(c)(2) which is used as the principal residence (within the meaning of section 121) of the taxpayer during the taxable year. ``(2) Cost of a comparable dwelling unit.--The Secretary shall by regulation prescribe such methods for determining the acquisition or construction cost of a comparable dwelling unit as are necessary to carry out the purposes of this section. ``(3) Recapture.--The Secretary shall by regulation provide for such recapture of the benefit of any deduction allowed under subsection (a) as may be necessary to prevent abuse of this section. Such rules shall provide exceptions to such recapture as may be appropriate, including (if applicable) in the case of a sale or exchange by reason of a change in place of employment, health, or, to the extend provided in regulations, unforseen circumstances.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following new items: ``Sec. 224. Energy efficient home purchase deduction. ``Sec. 225. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Next Generation Homes Act of 2008 - Amends the Internal Revenue Code to: (1) increase the dollar limits on the new energy efficient home tax credit and revise the energy savings requirements for such credit; and (2) allow a new tax deduction for the purchase of an energy efficient principal residence.

To amend the Internal Revenue Code of 1986 to modify the new energy efficient home credit and to provide a credit against tax for the purchase of certain energy efficient homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015''. SEC. 2. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by striking section 4F and inserting the following-- ``SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES OR THE FEDERAL TRADE COMMISSION. ``(a) Whenever the Attorney General of the United States has brought an action under the antitrust laws or the Federal Trade Commission has brought an action under section 7, and the Attorney General or Federal Trade Commission, as applicable, has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws or section 7, the Attorney General or Federal Trade Commission, as applicable, shall promptly give written notification thereof to such State attorney general. ``(b) To assist a State attorney general in evaluating the notice described in subsection (a) or in bringing any action under this Act, the Attorney General of the United States or Federal Trade Commission, as applicable, shall, upon request by such State attorney general, make available to the State attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act.''; (2) in section 5-- (A) in subsection (a) by inserting ``(including a proceeding brought by the Federal Trade Commission with respect to a violation of section 7)'' after ``United States under the antitrust laws''; and (B) in subsection (i) by inserting ``(including a proceeding instituted by the Federal Trade Commission with respect to a violation of section 7)'' after ``antitrust laws''; (3) in section 11, by adding at the end the following: ``(m)(1) Except as provided in paragraph (2), in enforcing compliance with section 7, the Federal Trade Commission shall enforce compliance with that section in the same manner as the Attorney General in accordance with section 15. ``(2) If the Federal Trade Commission approves an agreement with the parties to the transaction that contains a consent order with respect to a violation of section 7, the Commission shall enforce compliance with that section in accordance with this section.''; (4) in section 13, by inserting ``(including a suit, action, or proceeding brought by the Federal Trade Commission with respect to a violation of section 7)'' before ``subpoenas''; and (5) in section 15, by inserting ``and the duty of the Federal Trade Commission with respect to a violation of section 7,'' after ``General,''. SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT. The Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) in section 5(b), by inserting ``(excluding the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18), except in cases where the Commission approves an agreement with the parties to the transaction that contains a consent order)'' after ``unfair method of competition''; (2) in section 9, by inserting after the fourth undesignated paragraph the following: ``Upon the application of the commission with respect to any activity related to the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18) that may result in any unfair method of competition, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof.''; (3) in section 13(b)(1), by inserting ``(excluding section 7 of the Clayton Act (15 U.S.C. 18) and section 5(a)(1) with respect to the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18))'' after ``Commission''; and (4) in section 20(c)(1), by inserting ``or under section 7 of the Clayton Act (15 U.S.C. 18), where applicable,'' after ``Act,''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply to any of the following that occurs before the date of enactment of this Act: (1) A violation of section 7 of the Clayton Act (15 U.S.C. 18). (2) A transaction with respect to which there is compliance with section 7A of the Clayton Act (15 U.S.C. 18a). (3) A case in which a preliminary injunction has been filed in a district court of the United States.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 This bill amends the Clayton Act with respect to actions brought by the Attorney General for violations of antitrust laws. The Federal Trade Commission (FTC) is required, but only under the Clayton Act, to exercise the same authority and procedures of the Attorney General specified in the Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order. Jurisdiction is granted to the U.S. district courts to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that results in an unfair method of competition.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Legislative Line Item Veto Act of 1993''. SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of The Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority pursuant to this Act if the President-- (1) determines that such rescission-- (A) would help reduce the Federal budget deficit; (B) will not impair any essential Government functions; and (C) will not harm the national interest; and (2) notifies the Congress of such rescission by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriation Act or a joint resolution making continuing appropriations providing such budget authority. The President shall submit a separate rescission message for each item rescinded under this paragraph. SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED. (a) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless during the period described in subsection (b), a rescission disapproval bill making available all of the amount rescinded is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of 20 calendar days of session during which Congress must complete action on the rescission disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission disapproval bill; and (3) if the President vetoes the rescission disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. For purposes of this Act-- (a) the term ``rescission disapproval bill'' means a bill or joint resolution which only disapproves a rescission of discretionary budget authority, in whole, rescinded in a special message transmitted by the President under this Act; and (b) the term ``calendar days of session'' shall mean only those days on which both Houses of Congress are in session. SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETO RESCISSIONS. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission; and (5) all facts, circumstances, and considerations relating to or bearing upon the rescission and the decision to effect the rescission, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission Disapproval Bills.--Any rescission disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) Any rescission disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this Act. (2) Debate in the Senate on any rescission disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one 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 the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission disapproval bill that relates to any matter other than the rescission budget authority transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.

Legislative Line Item Veto Act of 1993 - Authorizes the President to rescind all or part of any discretionary budget authority if the President: (1) determines that such rescission would help reduce the Federal budget deficit, will not impair any essential Government functions, and will not harm the national interest; and (2) notifies the Congress, within 20 days after the enactment of the appropriations legislation, by a special message for each item to be rescinded. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill within a specified review period. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

Legislative Line Item Veto Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Teen and Novice Driver Uniform Protection Act of 2005'' or the ``STANDUP Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Transportation Safety Board has reported that-- (A) in 2002, teen drivers, which constituted only 6.4 percent of all drivers, were involved in 14.3 percent of all fatal motor vehicle crashes; (B) motor vehicle crashes are the leading cause of death for Americans between 15 and 20 years of age; (C) between 1994 and 2003, almost 64,000 Americans between 15 and 20 years of age died in motor vehicle crashes, an average of 122 per week; and (D) in 2003-- (i) 3,657 American drivers between 15 and 20 years of age were killed in motor vehicle crashes; (ii) 300,000 Americans between 15 and 20 years of age were injured in motor vehicle crashes; and (iii) 7,884 American drivers between 15 and 20 years of age were involved in fatal crashes, resulting in 9,088 total fatalities, a 5 percent increase since 1993. (2) Though only 20 percent of driving by young drivers occurs at night, over 50 percent of the motor vehicle crash fatalities involving young drivers occur at night. (3) The National Highway Traffic Safety Administration has reported that-- (A) 6,300,000 motor vehicle crashes claimed the lives of nearly 43,000 Americans in 2003 and injured almost 3,000,000 more Americans; (B) teen drivers between 16 and 20 years of age have a fatality rate that is 4 times the rate for drivers between 25 and 70 years of age; and (C) drivers who are 16 years of age have a motor vehicle crash rate that is almost ten times the crash rate for drivers aged between 30 and 60 years of age. (4) According to the Insurance Institute for Highway Safety, the chance of a crash by a 16- or 17-year-old driver is doubled if there are 2 peers in the vehicle and quadrupled with 3 or more peers in the vehicle. (5) In 1997, the first full year of its graduated driver licensing system, Florida experienced a 9 percent reduction in fatal and injurious crashes among young drivers between the ages of 15 and 18, compared with 1995, according to the Insurance Institute for Highway Safety. (6) The Journal of the American Medical Association reports that crashes involving 16-year-old drivers decreased between 1995 and 1999 by 25 percent in Michigan and 27 percent in North Carolina. Comprehensive graduated driver licensing systems were implemented in 1997 in these States. (7) In California, according to the Automobile Club of Southern California, teenage passenger deaths and injuries resulting from crashes involving 16-year-old drivers declined by 40 percent from 1998 to 2000, the first 3 years of California's graduated driver licensing program. The number of at-fault collisions involving 16-year-old drivers decreased by 24 percent during the same period. (8) The National Transportation Safety Board reports that 39 States and the District of Columbia have implemented 3-stage graduated driver licensing systems. Many States have not yet implemented these and other basic safety features of graduated driver licensing laws to protect the lives of teenage and novice drivers. (9) A 2001 Harris Poll indicates that-- (A) 95 percent of Americans support a requirement of 30 to 50 hours of practice driving with an adult; (B) 92 percent of Americans support a 6-month learner's permit period; and (C) 74 percent of Americans support limiting the number of teen passengers in a car with a teen driver and supervised driving during high-risk driving periods, such as night. SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS. (a) Minimum Requirements.--A State is in compliance with this section if the State has a graduated driver licensing law that includes, for novice drivers under the age of 21-- (1) a 3-stage licensing process, including a learner's permit stage and an intermediate stage before granting an unrestricted driver's license; (2) a prohibition on nighttime driving during the learner's permit and intermediate stages; (3) a prohibition, during the learner's permit intermediate stages, from operating a motor vehicle with more than 1 non- familial passenger under the age of 21 if there is no licensed driver 21 years of age or older present in the motor vehicle; and (4) any other requirement that the Secretary of Transportation (referred to in this Act as the ``Secretary'') may require, including-- (A) a learner's permit stage of at least 6 months; (B) an intermediate stage of at least 6 months; (C) for novice drivers in the learner's permit stage-- (i) a requirement of at least 30 hours of behind-the-wheel training with a licensed driver who is over 21 years of age; and (ii) a requirement that any such driver be accompanied and supervised by a licensed driver 21 years of age or older at all times when such driver is operating a motor vehicle; and (D) a requirement that the grant of full licensure be automatically delayed, in addition to any other penalties imposed by State law for any individual who, while holding a provisional license, convicted of an offense, such as driving while intoxicated, misrepresentation of their true age, reckless driving, unbelted driving, speeding, or other violations, as determined by the Secretary. (b) Rulemaking.--After public notice and comment rulemaking the Secretary shall issue regulations necessary to implement this section. SEC. 4. INCENTIVE GRANTS. (a) In General.--For each of the first 3 fiscal years following the date of enactment of this Act, the Secretary shall award a grant to any State in compliance with section 3(a) on or before the first day of that fiscal year that submits an application under subsection (b). (b) Application.--Any State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a certification by the governor of the State that the State is in compliance with section 3(a). (c) Grants.--For each fiscal year described in subsection (a), amounts appropriated to carry out this section shall be apportioned to each State in compliance with section 3(a) in an amount determined by multiplying-- (1) the amount appropriated to carry out this section for such fiscal year; by (2) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section 402. (d) Use of Funds.--Amounts received under a grant under this section shall be used for-- (1) enforcement and providing training regarding the State graduated driver licensing law to law enforcement personnel and other relevant State agency personnel; (2) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; and (3) other administrative activities that the Secretary considers relevant to the State graduated driver licensing law. (e) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for each of the fiscal years 2005 through 2009. SEC. 5. WITHHOLDING OF FUNDS FOR NON-COMPLIANCE. (a) In General.-- (1) Fiscal year 2010.--The Secretary shall withhold 1.5 percent of the amount otherwise required to be apportioned to any State for fiscal year 2010 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) of this Act on October 1, 2009. (2) Fiscal year 2011.--The Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for fiscal year 2011 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) of this Act on October 1, 2010. (3) Fiscal year 2012 and thereafter.--The Secretary shall withhold 6 percent of the amount otherwise required to be apportioned to any State for each fiscal year beginning with fiscal year 2012 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) of this Act on the first day of such fiscal year. (b) Period of Availability of Withheld Funds.-- (1) Funds withheld on or before september 30, 2011.--Any amount withheld from any State under subsection (a) on or before September 30, 2011, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated. (2) Funds withheld after september 30, 2011.--Any amount withheld under subsection (a)(2) from any State after September 30, 2011, may not be distributed to the State. (c) Apportionment of Withheld Funds After Compliance.-- (1) In general.--If, before the last day of the period for which funds withheld under subsection (a) are to remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary shall, on the first day on which the State comes into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State. (2) Period of availability of subsequently apportioned funds.--Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall revert back to the Treasury of the United States. (3) Effect of non-compliance.--If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall revert back to the Treasury of the United States.

Safe Teen and Novice Driver Uniform Protection Act of 2005 (STANDUP Act) - Authorizes the Secretary of Transportation to award incentive grants to States with graduated driver licensing laws that include for novice drivers under age 21: (1) a three-stage licensing process (including a learner's permit stage and an intermediate stage before an unrestricted driver's license is granted); (2) a prohibition on nighttime driving during the learner's permit and intermediate stages; (3) a prohibition (during the learner's permit and intermediate stages) against operating a motor vehicle with more than one non-familial passenger under age 21 if there is no licensed driver 21 years old or older present in the vehicle; and (4) any other requirement that the Secretary may require. Directs the Secretary to withhold a certain amount of Federal-aid highway funds from States that are not in compliance with the requirements of this Act.

A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Banking for Human Traffickers Act of 2017''. SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUSTRY IN COMBATING HUMAN TRAFFICKING. (a) Treasury as a Member of the President's Interagency Task Force to Monitor and Combat Trafficking.--Section 105(b) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of the Treasury,'' after ``the Secretary of Education,''. (b) Required Review of Procedures.--Not later than 180 days after the date of enactment of this Act, the Federal Financial Institutions Examination Council shall, in consultation with the Secretary of the Treasury and other appropriate law enforcement agencies, take the following actions: (1) Review and enhance, where necessary, training and examinations procedures to improve the ability of anti-money laundering programs to target human trafficking operations. (2) Review and enhance, where necessary, procedures for referring potential human trafficking cases to the appropriate law enforcement agency. (c) Interagency Task Force Recommendations Targeting Money Laundering Related to Human Trafficking.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall prepare and submit to Congress, the Secretary of the Treasury, and each appropriate Federal banking agency a series of legislative, administrative, and regulatory recommendations, if necessary, to revise anti-money laundering programs of financial institutions in order to specifically target money laundering related to human trafficking, as described in paragraph (2). (2) Required recommendations.--The recommendations required under paragraph (1) shall, at a minimum, include the following: (A) Successful anti-human trafficking programs currently in place at financial institutions that are suitable for broader adoption. (B) Recommended changes, if necessary, to the internal policies, procedures, and controls at financial institutions so that such institutions can better deter and detect money laundering related to human trafficking. (C) Recommended changes, if necessary, to ongoing employee training programs at financial institutions so that those institutions can better equip employees to deter and detect money laundering related to human trafficking, including the training of legal counsel, risk managers, and compliance officers. (D) Recommended revisions, if necessary, to existing regulatory requirements and guidelines for the reporting of suspicious transactions by financial institutions, as required pursuant to section 5318(g) of title 31, United States Code, in order to facilitate the collection of data on instances of suspected human trafficking. (d) Additional Reporting Requirement.--Section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is amended by adding at the end the following: ``(4) Description of efforts of united states to eliminate money laundering related to human trafficking.--In addition to the information required in the annual report under paragraph (1) and the interim report under paragraph (2), the Attorney General, in consultation with the Secretary of the Treasury, shall include in each such report a description of efforts of the United States to eliminate money laundering related to human trafficking and the number of investigations, arrests, indictments and convictions in money laundering cases with a nexus to human trafficking.''. (e) Limitation.--Nothing in this Act shall be construed to grant rule making authority to the Interagency Task Force to Monitor and Combat Trafficking. (f) Definitions.--As used in this section-- (1) the term ``anti-money laundering program'' means any program established by a financial institution pursuant to section 5318(h) of title 31, United States Code; (2) the term ``appropriate Federal banking agency'' has the meaning given the term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)); (3) the term ``human trafficking'' means-- (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; (4) the term ``Interagency Task Force to Monitor and Combat Trafficking'' means the Interagency Task Force to Monitor and Combat Trafficking established by the President pursuant to section 105 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103); and (5) the term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal or civil law.

End Banking for Human Traffickers Act of 2017 This bill amends the Victims of Trafficking and Violence Protection Act of 2000 to add the Secretary of the Treasury as a member of the President's Interagency Task Force to Monitor and Combat Trafficking. The task force must submit to Congress recommendations for the revision of anti-money laundering programs to specifically target money laundering related to human trafficking. The Federal Financial Institutions Examination Council must review and enhance, where necessary: (1) training and procedures to improve the ability of anti-money laundering programs to target human trafficking operations, and (2) procedures for referring potential human trafficking cases to the appropriate law enforcement agency. The Department of Justice must report on: (1) efforts to eliminate money laundering related to human trafficking; and (2) the number of investigations, arrests, indictments, and convictions in money laundering cases related to human trafficking.

End Banking for Human Traffickers Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report''-- (A) means a report that is required to be submitted to either House of Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted into law; and (B) does not include a report required under part B of subtitle II of title 36, United States Code. (2) Director.--The term ``Director'' means the Director of the Government Publishing Office. (3) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. (4) Open format.--The term ``open format'' means a file format for storing digital data based on an underlying open standard that-- (A) is not encumbered by any restrictions that would impede reuse; and (B) is based on an underlying open data standard that is maintained by a standards organization. (5) Reports website.--The term ``reports website'' means the website established under section (3)(a). SEC. 3. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director may publish other reports on the website. (2) Existing functionality.--To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing websites and functionality under the authority of the Director. (3) Consultation.--In carrying out this Act, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports website. (b) Content and Function.--The Director shall ensure that the reports website includes the following: (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following: (A) A citation to the statute, conference report, or resolution requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) The statute, resolution, or conference report requiring the report. (vi) Subject tags. (vii) A unique alphanumeric identifier for the report that is consistent across report editions. (viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (ix) Key words. (x) Full text search. (xi) Any other relevant information specified by the Director. (D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports. (3) A means for downloading individual reports as the result of a search. (4) An electronic means for the head of each Federal agency to submit to the reports website each congressionally mandated report of the agency, as required by section 4. (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Noncompliance by Federal Agencies.-- (1) Reports not submitted.--If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable-- (A) include on the reports website-- (i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and (ii) the date on which the report was required to be submitted; and (B) include the congressionally mandated report on the list described in subsection (b)(5)(C). (2) Reports not in open format.--If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports website. (d) Free Access.--The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports website. (e) Upgrade Capability.--The reports website shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 4. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 3(b)(1) with respect to the congressionally mandated report. Nothing in this Act shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the website of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof. (b) Guidance.--Not later than 240 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this Act. (c) Structure of Submitted Report Data.--The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b). (d) Point of Contact.--The head of each Federal agency shall designate a point of contact for congressionally mandated report. (e) List of Reports.--As soon as practicable each calendar year (but not later than April 1), and on a rolling basis during the year if feasible, the Librarian of Congress shall submit to the Director a list of congressionally mandated reports from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall-- (1) be provided in an open format; (2) include the information required under clauses (i), (ii), (iv), (v) of section 3(b)(1)(C) for each report; (3) include the frequency of the report; (4) include a unique alphanumeric identifier for the report that is consistent across report editions; (5) include the date on which each report is required to be submitted; and (6) be updated and provided to the Director, as necessary. SEC. 5. REMOVING AND ALTERING REPORTS. A report submitted to be published to the reports website may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned if-- (1) the head of the Federal agency consults with each congressional committee to which the report is submitted; and (2) Congress enacts a joint resolution authorizing the changing or removal of the report. SEC. 6. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. (a) In General.--Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code, or to impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports website for the purpose of identifying and redacting such information or records. (b) Redaction of Report.--With respect to each congressionally mandated report, the head of each relevant Federal agency shall redact any information that may not be publicly released under section 552(b) of title 5, United States Code, before submission for publication on the reports website, and shall-- (1) redact only such information from the report; (2) identify where any such redaction is made in the report; and (3) identify the exemption under which each such redaction is made. (c) Withholding Information.-- (1) In general.--A Federal agency-- (A) may withhold information otherwise required to be disclosed under this Act only if-- (i) the Federal agency reasonably foresees that disclosure would harm an interest protected by an exemption described in section 552(b) of title 5, United States Code; or (ii) disclosure is prohibited by law; and (B) shall-- (i) consider whether partial disclosure of information otherwise required to be disclosed under this Act is possible whenever the Federal agency determines that a full disclosure of the information is not possible; and (ii) take reasonable steps necessary to segregate and release nonexempt information. (2) Rule of construction.--Nothing in this subsection requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under section 552(b)(3) of title 5, United States Code. SEC. 7. IMPLEMENTATION. Except as provided in section 4(c), this Act shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date that is 1 year after such date of enactment.

Access to Congressionally Mandated Reports Act This bill requires the Government Publishing Office (GPO) to establish and maintain a publicly available website containing copies of all congressionally mandated reports. The website must feature, in addition to certain descriptive information related to such reports: (1) the ability to retrieve a report through specified types of searches; (2) a means for downloading reports individually or in bulk; (3) an electronic means for federal agencies to submit reports to the GPO, as required by the bill; and (4) in tabular form, a list of all reports that can be searched and sorted by time frame or submission status. The Office of Management and Budget must issue guidance to federal agencies on the bill's requirement for agencies to submit copies of congressionally mandated reports and related information to the GPO. With respect to each report, the relevant federal agency may redact or withhold certain information in accordance with the Freedom of Information Act and other laws. At least annually by April 1, the Library of Congress must submit to the GPO a list of all congressionally mandated reports from the previous year. The list shall be provided in an open format and must include specified identifying and otherwise descriptive information.

Access to Congressionally Mandated Reports Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State High Risk Pool Funding Extension Act of 2004''. SEC. 2. EXTENSION OF FUNDING FOR ESTABLISHMENT AND OPERATION OF STATE HIGH RISK HEALTH INSURANCE POOLS. (a) Extension of Availability of Seed Funding for Additional Year.--The second sentence of subsection (c) of section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended by striking ``under this subsection for a fiscal year'' and inserting ``under paragraph (1) shall be available for obligation through the end of fiscal year 2005 and funds appropriated under paragraph (2) for a fiscal year''. (b) Funding for Operation of State High Risk Pools in Fiscal Year 2005.--Subsection (c)(2) of such section is amended by inserting ``and $50,000,000 for fiscal year 2005'' after ``2004''. (c) Change in Requirements for Qualified High Risk Pools.-- (1) Change in requirement for operational grants.-- Subsection (b)(1)(A) of such section is amended by striking ``150 percent'' and inserting ``200 percent''. (2) Change in definition of qualified high risk pool.-- Subsection (d) of such section is amended to read as follows: ``(d) Definitions.--In this section: ``(1) Qualified high risk pool.--The term `qualified high risk pool' has the meaning given such term in section 2744(c)(2), except that a State may elect to meet the requirement of subparagraph (A) of such section (insofar as it requires the provision of coverage to all eligible individuals) through providing for the enrollment of eligible individuals through an acceptable alternative mechanism (as defined for purposes of section 2744) that includes a high risk pool as a component. ``(2) Standard risk rate.--The term `standard risk rate' means a rate that-- ``(A) is determined under the State high risk pool by considering the premium rates charged by other health insurers offering health insurance coverage to individuals in the insurance market served; ``(B) is established using reasonable actuarial techniques; and ``(C) reflects anticipated claims experience and expenses for the coverage involved. ``(3) State.--The term `State' means any of the 50 States and the District of Columbia.''. (3) Effective date.--The amendments made by this subsection shall apply to grants for fiscal years beginning with fiscal year 2005. (d) Change in Allotment Formula for Operational Grants.--Subsection (b)(2) of such section is amended-- (1) by inserting ``(before fiscal year 2005)'' after ``for a fiscal year''; and (2) by adding at the end the following: ``The amount appropriated under subsection (c)(2) for a fiscal year beginning with fiscal year 2005 shall be made available to the States (including entities that operate the high risk pool under applicable State law in a State) that qualify for a grant under subsection (b) as follows: ``(A) An amount equal to 50 percent of the amount shall be allocated in equal amounts among such qualifying States. ``(B) An amount equal to 25 percent of the amount shall be allocated among such States so that the amount provided to a State bears the same ratio to such available amount as the number of uninsured individuals in the State bears to the total number of uninsured individuals in all such States (as determined by the Secretary). ``(C) An amount equal to 25 percent of the amount shall be allocated among such States so that the amount provided to a State bears the same ratio to such available amount as the number of individuals enrolled in health care coverage through the qualified high risk pool of the State bears to the total number of individuals so enrolled through qualified high risk pools in all such States (as determined by the Secretary).''. (e) Administrative Provisions.--Such section is amended by adding at the end the following new subsection: ``(e) Administrative Provisions.-- ``(1) Applications.--To be eligible for a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the secretary may require. ``(2) No entitlement.--Nothing in this section shall be construed as providing a State with an entitlement to a grant under this section.''.

State High Risk Pool Funding Extension Act of 2004 - Amends the Public Health Service Act to reauthorize funds for States to create and to operate existing high risk health insurance pools. Increases the maximum allowable premium in a qualified high risk pool to 200 percent of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the State high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses. Expands the definition of "qualified high risk pool" to allow a State to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component and: (1) that provides for risk adjustment, risk spreading, or a risk spreading mechanism (among issuers or policies of an issuer) or for some financial subsidization for eligible individuals, including through assistance to participating issuers; or (2) under which each eligible individual is provided a choice of all individual health insurance coverage otherwise available. Amends the formula for appropriating funds to States to operate such pools to give one-half of the funds to eligible States equally and apportion the other half based on the number of uninsured individuals in each State and the number of enrollees in the State's qualified high risk pool. (Currently, all funds are allotted based solely on the number of uninsured individuals in the State.)

To amend title XXVII of the Public Health Service Act to extend Federal funding for the establishment and operation of State high risk health insurance pools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawful Purpose and Self Defense Act''. SEC. 2. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE AMMUNITION AS ``ARMOR PIERCING AMMUNITION''. Section 921(a)(17) of title 18, United States Code, is amended-- (1) in subparagraph (B)(i), by striking ``may be used'' and inserting ``is designed and intended by the manufacturer or importer for use''; (2) in subparagraph (B)(ii), by inserting ``by the manufacturer or importer'' before ``for use''; and (3) in subparagraph (C), by striking ``the Attorney General finds is primarily intended to be used for sporting purposes'' and inserting ``is primarily intended by the manufacturer or importer to be used in a rifle or shotgun, a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting''. SEC. 3. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL FIREARMS ACT FIREARM OR AMMUNITION THAT MAY OTHERWISE BE LAWFULLY POSSESSED AND SOLD IN THE UNITED STATES. (a) Elimination of Prohibitions.--Section 922 of title 18, United States Code, is amended-- (1) in subsection (a), by striking paragraph (7) and inserting the following: ``(7) for any person to manufacture or import armor piercing ammunition, unless the manufacture or importation of the ammunition-- ``(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; ``(B) is for the purpose of exportation; or ``(C) is for the purpose of testing or experimentation, and has been authorized by the Attorney General;''; (2) in subsection (l), by striking ``925(d) of this chapter'' and inserting ``925''; and (3) by striking subsection (r). (b) Broadening of Exceptions.--Section 925 of such title is amended-- (1) in subsection (a)(3), by striking ``determined'' and all that follows through the end and inserting ``intended for the lawful personal use of such member or club.''; (2) in subsection (a)(4), by striking ``(A)'' and all that follows through ``for the'' and inserting ``intended for the lawful''; and (3) by striking subsections (d) through (f) and inserting the following: ``(d)(1) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if-- ``(A) the firearm or ammunition is being imported or brought in for scientific, research, testing, or experimentation purposes; ``(B) the firearm is an unserviceable firearm (other than a machine gun as defined in section 5845(b) of the Internal Revenue Code of 1986 that is readily restorable to firing condition) imported or brought in as a curio or museum piece; ``(C) the firearm is not a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986; ``(D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), unless subparagraph (A), (E), (F), or (G) applies; ``(E) the firearm or ammunition is being imported or brought in for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; ``(F) the firearm or ammunition is being imported or brought in for the purpose of exportation; ``(G) the firearm or ammunition was previously taken out of the United States or a possession thereof by the person who is bringing in the firearm or ammunition; or ``(H) the firearm is a firearm defined as curio or relic by the Attorney General under section 921(a)(13) of this title. ``(2) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of the firearm or ammunition will be allowed under this subsection. ``(3) The Attorney General shall not authorize, under this subsection, the importation of any firearm the importation of which is prohibited by section 922(p).''. SEC. 4. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER RIFLES FROM ARBITRARY CLASSIFICATION AS ``DESTRUCTIVE DEVICES''. (a) Amendments to the National Firearms Act.--Section 5845(f) of the National Firearms Act is amended-- (1) in paragraph (2), by striking ``recognized as particularly suitable for sporting purposes'' and inserting ``recognized as suitable for lawful purposes''; and (2) by striking ``use solely for sporting purposes'' and inserting ``use for sporting purposes''. (b) Amendments to Title 18, United States Code.--Section 921(a)(4) of title 18, United States Code, is amended-- (1) in subparagraph (B) of the 1st sentence, by striking ``particularly suitable for sporting'' and inserting ``suitable for lawful''; and (2) in the 2nd sentence, by striking ``solely''. SEC. 5. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES RATHER THAN JUST FOR ``SPORTING PURPOSES''. Section 922 of title 18, United States Code, is amended in each of subsections (a)(5)(B), (a)(9), and (b)(3)(B), by striking ``sporting''.

Lawful Purpose and Self Defense Act This bill modifies the definition of "armor piercing ammunition" for purposes of federal firearms provisions to: (1) include a projectile that is designed and intended by the manufacturer or importer for use in a handgun; (2) exclude a projectile that is primarily intended by the manufacturer or importer to be used in a rifle or shotgun and a handgun projectile that is designed for hunting, recreational, or competitive shooting. This bill repeals a prohibition on assembling from imported parts a semiautomatic rifle or shotgun that is identical to one prohibited from importation as not being suitable for or readily adaptable to sporting purposes. This bill repeals the condition that the Attorney General must approve, as suitable for sporting purposes, the shipment of firearms or ammunition to members of the Armed Forces. The following categories of firearms or ammunition may be authorized for importation into the United States by the Attorney General: (1) ammunition that is not armor piercing; (2) a firearm or ammunition that is being brought in for the use of a federal, state, or local government agency; and (3) a firearm or ammunition that is being imported for the purpose of exportation. The definition of "destructive device" for purposes of federal firearms provisions excludes: (1) a shotgun or shotgun shell which the Department of the Treasury finds is generally recognized as particularly suitable for lawful purposes, and (2) an antique or a rifle which the owner intends to use for sporting purposes. The bill authorizes certain temporary interstate transfers of firearms for lawful purposes.

Lawful Purpose and Self Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone Standards Implementation Act of 2016''. SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS. (a) Designations.-- (1) Designation submission.--Not later than October 26, 2024, notwithstanding the deadline specified in paragraph (1)(A) of section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), the Governor of each State shall designate in accordance with such section 107(d) all areas (or portions thereof) of the Governor's State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. (2) Designation promulgation.--Not later than October 26, 2025, notwithstanding the deadline specified in paragraph (1)(B) of section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), the Administrator shall promulgate final designations under such section 107(d) for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under paragraph (1). (3) State implementation plans.--Not later than October 26, 2026, notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)), each State shall submit the plan required by such section 110(a)(1) for the 2015 ozone standards. (b) Certain Preconstruction Permits.-- (1) In general.--The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- (A) the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of the final designation of the area involved under subsection (a)(2); or (B) the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of the final designation of the area involved under subsection (a)(2). (2) Rules of construction.--Nothing in this section shall be construed to-- (A) eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or (B) limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than national ambient air quality standards. SEC. 3. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR QUALITY STANDARDS. (a) Timeline for Review of National Ambient Air Quality Standards.-- (1) Ten-year cycle for all criteria air pollutants.-- Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) are amended by striking ``five-year intervals'' each place it appears and inserting ``10-year intervals''. (2) Cycle for next review of ozone criteria and standards.--Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the Administrator shall not-- (A) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of such Act (42 U.S.C. 7408) or the national ambient air quality standard for ozone promulgated under section 109 of such Act (42 U.S.C. 7409); or (B) propose, before such date, any revisions to such criteria or standard. (b) Consideration of Technological Feasibility.--Section 109(b)(1) of the Clean Air Act (42 U.S.C. 7409(b)(1)) is amended by inserting after the first sentence the following: ``If the Administrator, in consultation with the independent scientific review committee appointed under subsection (d), finds that a range of levels of air quality for an air pollutant are requisite to protect public health with an adequate margin of safety, as described in the preceding sentence, the Administrator may consider, as a secondary consideration, likely technological feasibility in establishing and revising the national primary ambient air quality standard for such pollutant.''. (c) Consideration of Adverse Public Health, Welfare, Social, Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act (42 U.S.C. 7409(d)(2)) is amended by adding at the end the following: ``(D) Prior to establishing or revising a national ambient air quality standard, the Administrator shall request, and such committee shall provide, advice under subparagraph (C)(iv) regarding any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such national ambient air quality standard.''. (d) Timely Issuance of Implementing Regulations and Guidance.-- Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding at the end the following: ``(e) Timely Issuance of Implementing Regulations and Guidance.-- ``(1) In general.--In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. ``(2) Applicability of standard to preconstruction permitting.--If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Administrator has published such final regulations and guidance. ``(3) Rules of construction.-- ``(A) Nothing in this subsection shall be construed to preclude the Administrator from issuing regulations and guidance to assist States, permitting authorities, and permit applicants in implementing a national ambient air quality standard subsequent to publishing regulations and guidance for such standard under paragraph (1). ``(B) Nothing in this subsection shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable. ``(C) Nothing in this subsection shall be construed to limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than national ambient air quality standards. ``(4) Definitions.--In this subsection: ``(A) The term `best available control technology' has the meaning given to that term in section 169(3). ``(B) The term `lowest achievable emission rate' has the meaning given to that term in section 171(3). ``(C) The term `preconstruction permit'-- ``(i) means a permit that is required under this title for the construction or modification of a stationary source; and ``(ii) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority.''. (e) Contingency Measures for Extreme Ozone Nonattainment Areas.-- Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is amended by adding at the end the following: ``Notwithstanding the preceding sentences and any other provision of this Act, such measures shall not be required for any nonattainment area for ozone classified as an Extreme Area.''. (f) Plan Submissions and Requirements for Ozone Nonattainment Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended-- (1) in subsection (b)(1)(A)(ii)(III), by inserting ``and economic feasibility'' after ``technological achievability''; (2) in subsection (c)(2)(B)(ii), by inserting ``and economic feasibility'' after ``technological achievability''; (3) in subsection (e), in the matter preceding paragraph (1)-- (A) by striking ``The provisions of clause (ii) of subsection (c)(2)(B) (relating to reductions of less than 3 percent), the provisions of paragaphs'' and inserting ``The provisions of paragraphs''; and (B) by striking ``, and the provisions of clause (ii) of subsection (b)(1)(A) (relating to reductions of less than 15 percent)''; and (4) in paragraph (5) of subsection (e), by striking ``, if the State demonstrates to the satisfaction of the Administrator that--'' and all that follows through the end of the paragraph and inserting a period. (g) Plan Revisions for Milestones for Particulate Matter Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) is amended by inserting ``, which take into account technological achievability and economic feasibility,'' before ``and which demonstrate reasonable further progress''. (h) Exceptional Events.--Section 319(b)(1)(B) of the Clean Air Act (42 U.S.C. 7619(b)(1)(B)) is amended-- (1) in clause (i)-- (A) by striking ``(i) stagnation of air masses or'' and inserting ``(i)(I) ordinarily occurring stagnation of air masses or (II)''; and (B) by inserting ``or'' after the semicolon; (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). (i) Report on Emissions Emanating From Outside the United States.-- Not later than 24 months after the date of enactment of this Act, the Administrator, in consultation with States, shall submit to the Congress a report on-- (1) the extent to which foreign sources of air pollution, including emissions from sources located outside North America, impact-- (A) designations of areas (or portions thereof) as nonattainment, attainment, or unclassifiable under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); and (B) attainment and maintenance of national ambient air quality standards; (2) the Environmental Protection Agency's procedures and timelines for disposing of petitions submitted pursuant to section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b)); (3) the total number of petitions received by the Agency pursuant to such section 179B(b), and for each such petition the date initially submitted and the date of final disposition by the Agency; and (4) whether the Administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted pursuant to such section 179B(b). (j) Study on Ozone Formation.-- (1) Study.--The Administrator, in consultation with States and the National Oceanic and Atmospheric Administration, shall conduct a study on the atmospheric formation of ozone and effective control strategies, including-- (A) the relative contribution of man-made and naturally occurring nitrogen oxides, volatile organic compounds, and other pollutants in ozone formation in urban and rural areas, including during wildfires, and the most cost-effective control strategies to reduce ozone; and (B) the science of wintertime ozone formation, including photochemical modeling of wintertime ozone formation, and approaches to cost-effectively reduce wintertime ozone levels. (2) Peer review.--The Administrator shall have the study peer reviewed by an independent panel of experts in accordance with the requirements applicable to a highly influential scientific assessment. (3) Report.--The Administrator shall submit to Congress a report describing the results of the study, including the findings of the peer review panel. (4) Regulations and guidance.--The Administrator shall incorporate the results of the study, including the findings of the peer review panel, into any Federal rules and guidance implementing the 2015 ozone standards. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Best available control technology.--The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (3) Highly influential scientific assessment.--The term ``highly influential scientific assessment'' means a highly influential scientific assessment as defined in the publication of the Office of Management and Budget entitled ``Final Information Quality Bulletin for Peer Review'' (70 Fed. Reg. 2664 (January 14, 2005)). (4) Lowest achievable emission rate.--The term ``lowest achievable emission rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (5) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard promulgated under section 109 of the Clean Air Act (42 U.S.C. 7409). (6) Preconstruction permit.--The term ``preconstruction permit''-- (A) means a permit that is required under title I of the Clean Air Act (42 U.S.C. 7401 et seq.) for the construction or modification of a stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority. (7) 2015 ozone standards.--The term ``2015 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on October 26, 2015 (80 Fed. Reg. 65292). SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives June 8, 2016. Attest: KAREN L. HAAS, Clerk.

Ozone Standards Implementation Act of 2016 This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. (Sec. 2) The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS. The bill exempts from the 2015 ozone standards certain preconstruction permit applications that were completed or submitted before a final designation was made. (Sec. 3) The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025. The EPA may consider, as a secondary consideration, likely technological feasibility in establishing and revising NAAQS for a pollutant if a range of air quality levels for such pollutant are requisite to protect public health with an adequate margin of safety. Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS. The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS shall not apply to preconstruction permits for constructing or modifying a stationary source of air pollutants until those regulations and guidance have been published. The bill provides that in Extreme Ozone Nonattainment Areas, contingency measures are not required to be included in nonattainment plans. Technological achievability and economic feasibility must be taken into consideration in plan revisions for milestones for particulate matter nonattainment areas. The bill redefines "exceptional events," by including stagnation of air masses that are not ordinarily occurring. The EPA must: (1) report on foreign emissions and their impact on compliance with the NAAQS program in the United States, (2) study and report on the atmospheric formation of ozone and effective control strategies, and (3) incorporate the results of the study into rules and guidance implementing the 2015 ozone standards. (Sec. 5) The bill specifies that no additional funds are authorized for carrying out the requirements of this bill.

Ozone Standards Implementation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Angie Fatino Save Our Children from Meth Act of 2005''. SEC. 2. SCHEDULES OF CONTROLLED SUBSTANCES; TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE TO SCHEDULE V. (a) In General.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 202 the following section: ``SEC. 202A. SCHEDULING OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE. ``(a) Schedule V.--With respect to schedule V of the schedules of controlled substances established under section 202(c), the Attorney General shall by regulation, not later than 90 days after the date of the enactment of the Angie Fatino Save Our Children from Meth Act of 2005, transfer to such schedule the following chemicals, subject to subsection (b): ``(1) Ephedrine. ``(2) Pseudoephedrine. ``(3) Phenlypropanolamine. ``(4) Each of the salts, optical isomers, and salts of optical isomers of the chemicals specified in paragraphs (1) through (3). ``(b) Pseudoephedrine in Certain Products; Continued Regulation as List I Chemical.--Subject to the authority of the Attorney General under this Act to designate substances as controlled substances or listed chemicals: ``(1) Subsection (a) does not apply to pseudoephedrine when contained in a product that-- ``(A) is in the form of a liquid, liquid capsule, or liquid-filled gel capsule; ``(B) does not contain more than 360 milligrams of pseudoephedrine; and ``(C) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(2) Pseudoephedrine, when contained in such a product, shall be considered a list I chemical.''. (b) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 102) is amended by adding at the end the following paragraph: ``(46)(A) The term `pseudoephedrine' includes each of the salts, optical isomers, and salts of optical isomers of pseudoephedrine. ``(B) The term `schedule V pseudoephedrine product' means a product that contains pseudoephedrine and-- ``(i) is not a list I pseudoephedrine product; and ``(ii) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. ``(C) The term `list I pseudoephedrine product' means a product that contains pseudoephedrine and is described in section 202A(b)(1).''. SEC. 3. REGULATION OF PSEUDOEPHEDRINE AS LIST I CHEMICAL; EXCEPTIONS FROM DEFINITION OF REGULATED TRANSACTION; CONFORMING AMENDMENTS REGARDING SCHEDULE V PRODUCTS. (a) In General.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (39)(A), by amending clause (iv) to read as follows: ``(iv)(I) subject to to subclause (II), any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act unless-- ``(aa) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ``(bb) the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General; or ``(II) any transaction in a list I pseudoephedrine product, unless the Attorney General has determined under section 204 that the product is being diverted to obtain pseudoephedrine for use in the illicit production of a controlled substance; or''; (2) by striking paragraph (45); and (3) by redesignating the paragraph (46) that relates to retail distributor as paragraph (45). (b) Conforming Amendment.--Section 310(b)(3)(D)(ii) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by striking ``102(46)'' and inserting ``102(45)''. SEC. 4. RESTRICTIONS ON NONPRESCRIPTION RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS. (a) List I and Schedule V Products; Registration Conditions.-- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following subsection: ``(i)(1) With respect to list I pseudoephedrine products, a registration under this section that includes authority for the sale of such products at retail (including a registration for a pharmacy) shall provide that, for the general physical location for which the registration is issued, the registration is subject to the following conditions: ``(A) In offering the products for sale, the registrant places the products such that customers do not have direct access to the products (commonly known as behind the counter). ``(B) The registrant does not sell such a product that is in the form of a package that can be further broken down or subdivided into two or more separate and distinct packages. ``(C) The registrant does not knowingly sell to an individual more than one such product during a 24-hour period. ``(D) The registrant maintains a written list of sales of such products that identifies the products, the purchasers, and the dates and times of the sales (which list is referred to in this subsection as the `logbook'). ``(E) The registrant does not sell such a product unless-- ``(i) the prospective purchaser-- ``(I) is 18 years of age or older; ``(II) presents an identification card that provides a photograph and is issued by a State or the Federal Government; and ``(III) legibly signs the logbook and prints in the logbook his or her name, address, and the date and time of the sale; and ``(ii) the registrant determines that the name signed and printed in the logbook corresponds to the name provided on such identification and that the date and time entered are correct. ``(F) After a volume of the logbook is full, the registrant maintains possession of the volume for not fewer than 12 months after the date of the last sale entered in the logbook. ``(G) The registrant does not offer a promotion in which, as part of a purchase transaction, such a product is provided without charge. ``(H) On the premises of the location, the registrant posts a clear and conspicuous notice providing as follows: `Federal law prohibits the over-the-counter purchase of more than one product containing pseudoephedrine in a 24-hour period, and prohibits the over-the-counter purchase of more than 7,500 milligrams of pseudoephedrine within a 30-day period. If you make an over-the-counter purchase of such a product, you are required to sign a logbook that may be accessible to law enforcement officers.'. ``(2) With respect to schedule V pseudoephedrine products that do not require prescriptions, a registration under this section for a pharmacy shall provide that, for the general physical location involved, the registration is subject to the following conditions: ``(A) The registrant does not dispense such a product unless-- ``(i) the prospective purchaser is 18 years of age or older; and ``(ii) in any case in which the prospective purchaser is not known to the pharmacist involved, such purchaser presents an identification card that provides a photograph, is issued by a State or the Federal Government, and indicates the age of such purchaser. ``(B) The registrant maintains a record for the dispensing of such a product that contains, for each sale of the product-- ``(i) the name and address of the purchaser; ``(ii) the name and quantity of the product purchased; ``(iii) the date of the purchase; and ``(iv) the name or unique identification of the pharmacist involved. ``(C) The record under subparagraph (B) is in one or more of the following forms: ``(i) A hard-copy record. ``(ii) A record in an electronic prescription- dispensing system. ``(iii) A record in an electronic data collection system that contains the information required in this subparagraph and that is capable of producing a hard- copy printout of the record.''. (b) Penalties.--Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended-- (1) in paragraph (10), by striking ``or'' after the semicolon at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (11) the following paragraph: ``(12) who is a registrant to violate any of the registration conditions described in section 303(i) (relating to the sale of list I and schedule V pseudoephedrine products).''. SEC. 5. RESTRICTIONS ON PURCHASES OF PSEUDOEPHEDRINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after the second sentence the following: ``It shall be unlawful for any person to knowingly or intentionally purchase at retail without a prescription more than one list I pseudoephedrine product during a 24-hour period, or to knowingly or intentionally purchase such a product at retail without legibly signing the appropriate logbook referred to in section 303(i)(1)(D). It shall be unlawful for any person to knowingly or intentionally purchase at retail without a prescription more than 7,500 milligrams of pseudoephedrine in list I or schedule V pseudoephedrine products during a 30-day period.''.

Angie Fatino Save Our Children from Meth Act of 2005 - Amends the Controlled Substances Act to direct the Attorney General to transfer to schedule V ephedrine, pseudoephedrine, and phenylpropanolamine. Makes this provision inapplicable with respect to pseudoephedrine when contained in a product that is in a liquid, liquid capsule, or liquid-filled gel capsule, that does not contain more than 360 milligrams of pseudoephedrine, and that is approved under the Federal Food, Drug, and Cosmetic Act (pseudoephedrine contained in such product shall then be considered a list I chemical). Revises the definition of "regulated transaction" to exclude specified transactions involving drugs or products that the Attorney General determines are being diverted for illicit purposes. Places restrictions on the sale of list I and schedule V pseudoephedrine products. Requires a registrant of list I products to: (1) place the products where the customers do not have direct access to them; (2) maintain a sales logbook that identifies the products, purchasers, dates, and times of sales; and (3) not sell such a product to persons under age 18. Prohibits a registrant of schedule V products that do not require prescriptions from dispensing such a product to a prospective purchaser under age 18. Sets penalties for violations. Prohibits any person from knowingly or intentionally purchasing at retail: (1) more than one list I pseudoephedrine product during a 24-hour period without a prescription; (2) more than 7,500 milligrams of pseudoephedrine in list I or schedule V products during a 30-day period without a prescription; or (3) such a list I product without legibly signing the appropriate logbook.

To amend the Controlled Substances Act to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, and for other purposes.

SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2011''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'' for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 12 members of whom-- (A) 2 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 2 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 2 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 2 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 2 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1) at least 1 shall have experience as a FOIA requestor, or in the fields of library science, information management, or public access to Government information. (3) Timeliness of appointments.--Appointments to the Commission shall be made as expeditiously as possible, but not later than 60 days after the date of enactment of this Act. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests; and (3) examine and determine-- (A) why the Federal Government's use of the exemptions under section 552(b) of title 5, United States Code, increased during fiscal year 2009; (B) the reasons for any increase, including whether the increase was warranted and whether the increase contributed to FOIA processing delays; (C) what efforts were made by Federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests and whether those efforts were successful; (D) any recommendations on how the use of exemptions under section 552(b) of title 5, United States Code, may be limited; and (E)(i) whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups; (ii) if any disparities have occurred, why such disparities have occurred; and (iii) the extent to which political appointees have been involved in the FOIA process. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.-- (1) In general.--The Archivist of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (2) Payment of expenses.-- (A) Staff salaries.--The Archivist of the United States shall pay staff expenses relating to salaries under this subsection from available appropriations in the applicable account for salaries of the National Archives and Records Administration. (B) Administrative support services.--Except as provided under subparagraph (A), the Archivist of the United States shall pay staff and administrative expenses under this subsection from available appropriations in the operating expenses account of the National Archives and Records Administration. (3) Appropriations requests.--Expenses paid under this subsection shall not form the basis for additional appropriations requests from the National Archives and Records Administration in the future. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) Travel Expenses.-- (1) In general.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (2) Payment of expenses.--The Administrator of General Services shall pay travel expenses under this subsection from available appropriations in the operating expenses account of the General Services Administration. (3) Appropriations requests.--Expenses paid under this subsection shall not form the basis for additional appropriations requests from the National Archives and Records Administration in the future. (j) Transparency.--All meetings of the Commission shall be open to the public, except that a meeting, or any portion of it, may be closed to the public if it concerns matters or information described in chapter 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e).

Faster FOIA Act of 2011 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009, Presidential Memorandum on Freedom of Information Act Requests, whether those efforts were successful, and how the use of exemptions may be limited; and (5) determine whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups, why such disparities occurred, and the extent to which political appointees have been involved in the FOIA process.

A bill to establish the Commission on Freedom of Information Act Processing Delays.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Seafood Consumer Protection Act''. SEC. 2. SEAFOOD SAFETY. (a) In General.--The Secretary of Commerce shall, in coordination with the Secretary of Health and Human Services and other appropriate Federal agencies, establish a program to strengthen Federal activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of Federal law. (b) Memorandum of Understanding.--The Secretary of Commerce and the Secretary of Health and Human Services shall enter into an agreement within 180 days after enactment of this Act to strengthen cooperation on seafood safety. The agreement shall include provisions for-- (1) cooperative arrangements for examining and testing seafood imports; (2) coordination of inspections of foreign facilities; (3) technical assistance and training of foreign facilities for marine aquaculture, technical assistance for foreign governments concerning United States regulatory requirements, and appropriate information transfer arrangements between the United States and foreign governments; (4) developing a process for expediting imports of seafood into the United States from foreign countries and exporters that consistently adhere to the highest standards for ensuring seafood safety; (5) establishing a system to track shipments of seafood in the distribution chain within the United States; (6) labeling requirements to assure species identity and prevent fraudulent practices; (7) a process by which officers and employees of the National Oceanic and Atmospheric Administration and National Marine Fisheries Service may be commissioned by the Secretary of Health and Human Services for seafood examinations and investigations conducted under section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381); (8) the sharing of information concerning observed non- compliance with United States food requirements domestically and in foreign countries and new regulatory decisions and policies that may affect regulatory outcomes; and (9) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities. SEC. 3. CERTIFIED LABORATORIES. Within 180 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall increase the number of laboratories certified to the standards of the Food and Drug Administration in the United States and in countries that export seafood to the United States for the purpose of analyzing seafood and ensuring that it complies with Federal law. Such laboratories may include Federal, State, and private facilities. The Secretary of Commerce shall publish in the Federal Register a list of certified laboratories, and shall update the list, and publish the updated list, no less frequently than annually. SEC. 4. NOAA LABORATORIES. In any fiscal year beginning after the date of enactment of this Act, the Secretary of Commerce may increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration involved in carrying out testing and other activities under this Act to the extent the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this Act and as provided for in appropriations Acts. SEC. 5. INSPECTION TEAMS. The Secretary of Commerce, in cooperation with the Secretary of Health and Human Services, may send 1 or more inspectors to a country or exporter from which seafood exported to the United States originates. The inspection team will assess practices and processes being used in connection with the farming, cultivation, harvesting, preparation for market, or transportation of such seafood and provide technical assistance related to the requirements established under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The inspection team shall prepare a report for the Secretary with its findings. The Secretary of Commerce shall make a copy of the report available to the country or exporter that is the subject of the report and provide a 30-day period during which the country or exporter may provide a rebuttal or other comments on the findings of the Secretary. The Secretary of Commerce shall cause the report, together with any comments submitted to the Secretary by the country or exporter, to be published in the Federal Register not later than 60 days after the inspection team makes its final report. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for each of fiscal years 2010 through 2014, for purposes of carrying out this Act.

Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements. Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding examining and testing seafood imports, inspections of foreign facilities, technical assistance and training of foreign facilities for marine aquaculture, establishing a distribution chain tracking system, and labeling. Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards. Authorizes the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act. Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to Federal Food, Drug, and Cosmetic Act (FFDCA) requirements.

To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get the Lead Out of Schools Act''. SEC. 2. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM. Section 1464 of the Safe Drinking Water Act (42 U.S.C.300j-24) is amended by striking subsection (d) and inserting the following: ``(d) Testing and Notification Requirements for Public Water Systems That Serve Schools.--Not later than one year after the date of enactment of this subsection, the Administrator shall promulgate a national primary drinking water regulation for lead that-- ``(1) establishes an action level for lead contamination in school drinking water; ``(2) requires each public water system to sample drinking water at schools the public water system serves for lead on a regular basis, as determined by the Administrator; and ``(3) requires a public water system, if the results of such sampling indicate that school drinking water contains lead at or exceeding the action level established by the Administrator, to notify the local educational agency that has jurisdiction over the school, the relevant local health agencies, the municipality, and the State as soon as possible, but not later than five business days after the date on which the public water system receives the test results. ``(e) School and Child Care Lead Testing and Remedy Grant Program.-- ``(1) Establishment.--Not later than one year after the date of the enactment of this subsection, the Administrator shall establish a grant program to provide funds to eligible entities to test for, and remedy, lead contamination in school drinking water. ``(2) Use of funds.-- ``(A) In general.--An eligible entity that receives a grant pursuant to this subsection may use grant funds-- ``(i) to recover the costs incurred by the eligible entity of testing for lead contamination in drinking water at schools, conducted by an entity approved by the Administrator or the State to conduct such testing; or ``(ii) to replace lead pipes, pipe fittings, plumbing fittings, and fixtures with pipes, pipe fittings, plumbing fittings, and fixtures that are lead free (as defined in section 1417) at any school that has lead in its drinking water at a level that meets or exceeds the action level established by the Administrator pursuant to subsection (d). ``(B) Limitation.--Not more than 5 percent of grant funds received under this subsection may be used to pay administrative costs associated with testing for or remedying lead contamination. ``(3) Conditions.--As a condition of receiving a grant under this subsection, an eligible entity shall-- ``(A) ensure that grant funds are expended in accordance with-- ``(i) the guidance of the Environmental Protection Agency entitled `3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance', dated October 2006, or any successor guidance document or regulation; or ``(ii) applicable State regulations or guidance regarding the reduction of lead in drinking water in schools, if such regulations or guidance are not less stringent than the guidance referred to in clause (i), as determined by the Administrator; and ``(B) make publicly available, including through publication on the Internet website of the eligible entity to the extent practicable, a copy of the results of any testing for lead contamination in school drinking water for which funding is received under this subsection; and ``(C) notify parent, teacher, and employee organizations of the availability of the test results described in subparagraph (B). ``(4) Eligible entities.--For purposes of this subsection, the term `eligible entity' means-- ``(A) a local educational agency; or ``(B) a State agency administering a State-wide program to test for, or remedy, lead contamination in drinking water.''. SEC. 3. CONFORMING AMENDMENT. Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j-25) is repealed.

Get the Lead Out of Schools Act This bill amends the Safe Drinking Water Act by requiring the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation that addresses lead in drinking water in schools and day care facilities. The EPA must also establish a grant program for: (1) testing such drinking water for lead contamination, and (2) replacing lead pipes and certain plumbing materials with lead-free material.

Get the Lead Out of Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Consumer Notification Act''. SEC. 2. FINANCIAL INSTITUTION'S OBLIGATION TO PROMPTLY NOTIFY AND ASSIST CUSTOMERS WHOSE PERSONAL INFORMATION IS COMPROMISED. (a) Prompt Notice and Assistance.--Section 503(b) of the Gramm- Leach-Bliley Act (15 U.S.C. 6803(b)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) a statement that, upon discovering that the confidentiality or security of any nonpublic personal information maintained by the financial institution with respect to consumer has been compromised in any way by an employee of the financial institution, or through any unauthorized entry into the records of the financial institution, the financial institution is obligated-- ``(A) to promptly notify the consumer of the compromise of the security or confidentiality of such information, and any misuse of such information, that the financial institution discovers or reasonably should discover has occurred; ``(B) to provide assistance to the consumer to remedy any such compromise, including the duty of the financial institution under the Fair Credit Reporting Act to correct and update information contained in a consumer report relating to such consumer; ``(C) to reimburse the consumer for any losses the consumer incurred as a result of the compromise of the security or confidentiality of such information, and any misuse of such information, including any fees for obtaining, investigating, and correcting a consumer report of such consumer at any consumer reporting agency; and ``(D) to provide information concerning the manner in which the consumer can obtain such assistance.''. (b) Waiver of Disclosure at Request of Law Enforcement Agency For Limited Time.--Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by adding at the end the following new subsection: ``(c) Waiver of Disclosure at Request of Law Enforcement Agency For Limited Time.--A financial institution may delay notifying a consumer that the confidentiality or security of any nonpublic personal information of the consumer maintained by the financial institution has been compromised at the request of a law enforcement agency investigating such violation for such limited period of time as the law enforcement agency determines is essential for carrying out the investigation.''. (c) Penalties For Failure to Notify Customers of Identity Theft.-- Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by inserting after subsection (c) (as added by subsection (b) of this section) the following new subsection: ``(d) Penalties For Failure to Notify and Assist Customers After Identity Theft.--The failure of any financial institution to promptly notify any consumer that the confidentiality or security of any nonpublic personal information of the consumer maintained by the financial institution has been compromised in any way by an employee of the financial institution or through any unauthorized entry into the records of the financial institution, to provide assistance to such consumer, or to reimburse the consumer for any loss or fee described subsection (b)(5)(C) shall be treated as a violation of-- ``(1) this title for purposes of enforcement actions required under section 505; and ``(2) the requirements of section 623(a)(2) of the Fair Credit Reporting Act to correct and update information concerning the consumer in a consumer report at a consumer reporting agency.''. SEC. 3. ADDITIONAL PROTECTION FOR VICTIMS OF IDENTITY THEFT. Section 618 of the Fair Credit Reporting Act (15 U.S.C. 1681p) is amended to read as follows: ``SEC. 618. JURISDICTION OF COURTS; LIMITATIONS OF ACTIONS. ``(a) In General.--An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than 2 years after the date on which the violation is discovered or should have been discovered by the exercise of reasonable diligence. ``(b) Willful Misrepresentation.--The limitations period prescribed in subsection (a) shall be tolled during any period during which a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual, and the information so misrepresented is material to the establishment of the liability of the defendant to that individual under this title.''.

Identity Theft Consumer Notification Act - Amends the Gramm-Leach-Bliley Act to require that a financial institution to disclose annually to its customers its statutory obligation to: (1) promptly notify the customer if nonpublic personal information has been compromised or misused; (2) help the customer to remedy such compromise, including correcting and updating information contained in a consumer report relating to such customer; (3) reimburse the customer for losses incurred as a result of the compromise or misuse of the information, including fees for obtaining, investigating, and correcting a consumer report on the customer at any consumer reporting agency; and (4) provide information on how the consumer can obtain assistance.Sets forth penalties for the failure of a financial institution to perform its disclosure obligations.Amends the Fair Credit Reporting Act to grant Federal district courts jurisdiction for an action to enforce liability without regard to amount in controversy, in addition to courts of competent jurisdiction.

To amend the Gramm-Leach-Bliley Act to further protect customers of financial institutions whose identities are stolen from the financial institution, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clone Pager Authorization Act of 1996''. SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS. (a) Definitions.--Section 2510(12) of title 18, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by adding ``or'' at the end; and (3) by adding at the end the following: ``(D) any communication made through a clone pager (as that term is defined in section 3127).'' (b) Prohibition.--Section 2511(2)(h) of title 18, United States Code, is amended by striking clause (i) and inserting the following: ``(i) to use a pen register, a trap and trace device, or a clone pager (as those terms are defined for the purposes of chapter 206 (relating to pen registers, trap and trace devices, and clone pagers)); or''. SEC. 3. AMENDMENT OF CHAPTER 206. Chapter 206 of title 18, United States Code, is amended-- (1) in the chapter heading, by striking ``AND TRAP AND TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND CLONE PAGERS''; (2) in the chapter analysis-- (A) by striking ``and trap and trace device'' each place that term appears and inserting ``, trap and trace device, and clone pager''; (B) by striking ``and trap and trace devices'' and inserting ``, trap and trace devices, and clone pagers''; and (C) by striking ``or a trap and trace device'' each place that term appears and inserting ``, a trap and trace device, or a clone pager''; (3) in section 3121-- (A) in the section heading, by striking ``and trap and trace device'' and inserting ``, trap and trace device, and clone pager''; and (B) by striking ``or a trap and trace device'' each place that term appears and inserting ``, a trap and trace device, or a clone pager''; (4) in section 3122-- (A) in the section heading by striking ``or a trap and trace device'' and inserting ``, a trap and trace device, or a clone pager''; (B) by striking ``or a trap and trace device'' each place that term appears and inserting ``, a trap and trace device, or a clone pager''; (5) in section 3123-- (A) in the section heading, by striking ``or a trap and trace device'' and inserting ``, a trap and trace device, or a clone pager''; (B) by striking subsection (a) and inserting the following: ``(a) In General.--Upon an application made under section 3122, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court, or of a clone pager for which the service provider is subject to the jurisdiction of the court, if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.''; (C) in subsection (b)(1)-- (i) in subparagraph (A), by inserting before the semicolon the following: ``, or, in the case of a clone pager, the identity, if known, of the person who is the subscriber of the paging device, the communications to which will be intercepted by the clone pager''; (ii) in subparagraph (C), by inserting before the semicolon the following: ``, or, in the case of a clone pager, the number of the paging device, communications to which will be intercepted by the clone pager''; and (iii) in paragraph (2), by striking ``or trap and trace device'' and inserting ``, trap and trace device, or clone pager''; (D) in subsection (c), by striking ``or a trap and trace device'' and inserting ``, a trap and trace device, or a clone pager''; and (E) in subsection (d)-- (i) in the subsection heading, by striking ``or a Trap and Trace Device'' and inserting ``, Trap and Trace Device, or Clone Pager''; and (ii) in paragraph (2), by inserting ``or the paging device, the communications to which will be intercepted by the clone pager,'' after ``attached,''; (6) in section 3124-- (A) in the section heading, by striking ``or a trap and trace device'' and inserting ``, a trap and trace device, or a clone pager''; (B) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (C) by inserting after subsection (b) the following: ``(c) Clone Pager.--Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager under this chapter, a Federal court may order, in accordance with section 3123(b)(2), a provider of a paging service or other person, to furnish to such investigative or law enforcement officer, all information, facilities, and technical assistance necessary to accomplish the operation and use of the clone pager unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the programming and use is to take place.''; (7) in section 3125-- (A) in the section heading, by striking ``and trap and trace device'' and inserting ``, trap and trace device, and clone pager''; (B) in subsection (a)-- (i) by striking ``or a trap and trace device'' and inserting ``, a trap and trace device, or a clone pager''; and (ii) by striking the quotation marks at the end; and (C) by striking ``or trap and trace device'' each place that term appears and inserting ``, trap and trace device, or clone pager''; (8) in section 3126-- (A) in the section heading, by striking ``and trap and trace devices'' and inserting ``, trap and trace devices, and clone pagers''; and (B) by inserting ``or clone pagers'' after ``devices''; and (9) in section 3127-- (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following: ``(5) the term `clone pager' means a numeric display device that receives communications intended for another numeric display paging device;''. Passed the Senate November 7, 1997. Attest: GARY SISCO, Secretary.

Clone Pager Authorization Act of 1996 (sic) - Amends the Federal criminal code to authorize the use of a clone pager (defined as a numeric display device that receives communications intended for another numeric display paging device). Directs the court to enter an ex parte order authorizing the installation and use of a clone pager for which the service provider is subject to the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers. Authorizes a Federal court, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager, to order a provider of a paging service or other person to furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided.

Clone Pager Authorization Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2012''. SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement To Provide Photo Identification as Condition of Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official shall not provide a ballot for an election for Federal office to an individual who desires to vote in person unless-- ``(i) the individual presents to the official a government-issued, current, and valid photo identification of the individual; and ``(ii) the election official verifies that the photo identification presented is of the individual who requests the ballot. ``(B) Availability of provisional ballot.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless, not later than 48 hours after casting the provisional ballot-- ``(i) the individual presents the identification required under subparagraph (A) to the official; and ``(ii) the election official verifies that the photo identification presented is of the individual who cast the provisional ballot. ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official shall not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless-- ``(i) the individual submits with the ballot a copy of a government-issued, current, and valid photo identification of the individual; and ``(ii) the election official verifies that the photo identification presented is of the individual who provides the ballot. ``(B) In person requests for ballots to vote other than in person.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official shall not provide a ballot for voting other than in person to an individual who makes a request for such a ballot in person unless-- ``(i) the individual presents to the official a government-issued, current, and valid photo identification of the individual; and ``(ii) the election official verifies that the photo identification presented is of the individual who requests the ballot. ``(C) Exception for overseas military voters.-- Subparagraphs (A) and (B) do not apply with respect to an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)), other than an individual described in section 107(1)(C) of such Act. ``(3) Specific requirements for identifications.--For purposes of paragraphs (1) and (2), an identification is `government-issued' with respect to an individual if it is issued by the Federal Government or by the government of the State in which the individual seeks to cast a ballot. Nothing in this subsection shall be construed to prohibit the Federal Government or a State from requiring an individual who requests a photo identification to present such information as may be necessary to ensure that the individual is the individual for whom the identification is sought, or from imposing any other requirements deemed necessary to ensure the integrity or accuracy of any such photo identifications.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(I)(II) and (b)(3)(B)(I)(II)'' and inserting ``subsection (a)(5)(A)(I)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to elections for Federal office held on or after January 1, 2014. (2) Conforming amendment.--Section 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is amended to read as follows: ``(2) Requirement to provide photo identification.-- Paragraphs (1) and (2) of subsection (b) shall apply with respect to elections for Federal office held on or after January 1, 2014.''. SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE. (a) Requiring States To Make Identification Available.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by section 2(a)(2), is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Making photo identifications available.-- ``(A) In general.--During fiscal year 2014 and each succeeding fiscal year, each State shall establish a program to provide photo identifications which may be used to meet the requirements of paragraphs (1) and (2) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification. ``(B) Identifications provided at no cost to indigent individuals.--If a State charges an individual a fee for providing a photo identification under the program established under subparagraph (A)-- ``(i) the fee charged may not exceed the reasonable cost to the State of providing the identification to the individual; and ``(ii) the State may not charge a fee to any individual who provides an attestation that the individual is unable to afford the fee. ``(C) Identifications not to be used as motor vehicle licenses.--Any photo identification provided under the program established under subparagraph (A) may not serve as a government-issued photo identification for purposes of operating a motor vehicle or any related purpose.''. (b) Payments to States To Cover Costs.--Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO INDIGENT INDIVIDUALS ``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS. ``(a) Payments to States.--The Commission shall make payments to States to cover the costs incurred in providing photo identifications under the program established under section 303(b)(4) to individuals who are unable to afford the fee that would otherwise be charged under the program. ``(b) Amount of Payment.--The amount of the payment made to a State under this part for any year shall be equal to the amount of fees which would have been collected by the State during the year under the program established under section 303(b)(4) but for the application of section 303(b)(4)(B)(ii), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ``(c) Ensuring Budget Neutrality by Corresponding Reduction in Requirements Payment.--The amount of any requirements payment made to a State under part 1 of subtitle D for a fiscal year shall be reduced by the amount of any payment made to a State under this part for the fiscal year. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for payments under this part an aggregate amount of $5,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal years.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following: ``Part 7--Payments To Cover Costs of Providing Photo Identifications to Indigent Individuals ``Sec. 297. Payments to cover costs to States of providing photo identifications for voting to indigent individuals. ``Sec. 297A. Authorization of appropriations.''.

Federal Election Integrity Act of 2012 - Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless: (1) the individual presents to the official a government-issued, current, and valid photo identification (ID), and (2) the election official verifies that the ID is of the individual who requests the ballot. Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official shall not determine the individual's eligibility to vote. Requires verification of the photo ID by the election official. Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official shall not accept the ballot. Requires verification of the photo ID by the election official. Exempts from this photo ID requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. Prohibits the appropriate state or local election official from providing a ballott for voting other than in person to an individual who requests such a ballot in person unless: (1) the individual presents the official a government-issued, current, and valid photo ID; and (2) the election official verifies it. Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Prohibits any such photo ID from serving as a government-issued photo identification for purposes of operating a motor vehicle or any related purpose. Prescribes requirements for any state fee for providing such a photo ID. Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee.

To amend the Help America Vote Act of 2002 to require each individual who desires to vote in an election for Federal office to provide the appropriate election official with a government-issued photo identification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Safety Act of 2007''. SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18. (a) In General.--Section 926B of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``(or apprehension)'' after ``arrest''; and (B) in paragraph (3), by inserting ``which could result in suspension or loss of police powers'' before the semicolon; (2) by striking subsection (e) and inserting the following: ``(e) As used in this section, the term `firearm' has the same meaning as defined in section 921 of this title and is deemed to include ammunition and accessories the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but does not include-- ``(1) any machinegun (as defined in section 5845 of the National Firearms Act); ``(2) any firearm silencer (as defined in section 921 of this title); or ``(3) any destructive device (as defined in section 921 of this title).''; and (3) by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest (or apprehension).''. (b) Retired Law Enforcement Officers.--Section 926C of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``retired in good standing from service with a public agency'' and inserting ``departed in good standing from service with a public agency after completing an aggregate of at least 15 years of service with the agency''; (B) in paragraph (2)-- (i) by striking ``retirement'' and inserting ``departure'' ; and (ii) by inserting ``(or apprehension)'' after ``arrest''; (C) by striking paragraphs (4) and (5) and inserting the following: ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the officer's former agency, the State in which the officer resides or a law enforcement agency within the State in which the officer resides;''; and (D) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (2) in subsection (d)-- (A) in paragraph (1), by striking ``to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm or''; and (B) in paragraph (2)(B), by striking ``otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.'' and inserting ``otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-- ``(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or ``(ii) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.''; (3) by striking subsection (e) and inserting the following: ``(e) As used in this section, the term `firearm' has the same meaning as defined in section 921 of this title and is deemed to include ammunition and accessories the possession of which is not expressly prohibited by Federal law, or which are not subject to the provisions of the National Firearms Act, but does not include-- ``(1) any machinegun (as defined in section 5845 of the National Firearms Act); ``(2) any firearm silencer (as defined in section 921 of this title); or ``(3) any destructive device (as defined in section 921 of this title).''; and (4) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of the executive branch of the Federal Government.''.

Law Enforcement Officers Safety Act of 2007 - Amends the federal criminal code to: (1) include Amtrak and executive branch police officers as qualified law enforcement officers eligible to carry concealed firearms; and (2) revise requirements for certifying retired law enforcement officers to carry concealed firearms.

To amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO FEDERAL AND STATE LAW ENFORCEMENT AGENCIES. (a) Additional Limitations.-- (1) In general.--Section 2576a of title 10, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``subsection (b)'' and inserting ``the provisions of this section''; and (II) in subparagraph (A), by striking ``, including counter-drug and counterterrorism activities''; and (ii) in paragraph (2), by striking ``and the Director of National Drug Control Policy''; (B) in subsection (b)-- (i) in paragraph (3), by striking ``and'' at the end; (ii) in paragraph (4), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: ``(5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; and ``(6) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense.''; (C) by striking subsection (d); and (D) by adding at the end the following new subsections: ``(d) Limitations on Transfers.--The Secretary of Defense may not transfer under this section any property as follows: ``(1) Weapons, weapon parts, and weapon components, including camouflage and deception equipment, and optical sights. ``(2) Weapon system specific vehicular accessories. ``(3) Demolition materials. ``(4) Explosive ordinance. ``(5) Night vision equipment. ``(6) Tactical clothing, including uniform clothing and footwear items, special purpose clothing items, and specialized flight clothing and accessories. ``(7) Drones. ``(8) Combat, assault, and tactical vehicles, including Mine-Resistant Ambush Protected (MRAP) vehicles. ``(9) Training aids and devices. ``(10) Firearms of .50 caliber or higher, ammunition of .50 caliber or higher, grenade launchers, flash grenades, and bayonets. ``(e) Approval by Law Required for Transfer of Property Not Previously Transferrable.--(1) In the event the Secretary of Defense proposes to make available for transfer under this section any property of the Department of Defense not previously made available for transfer under this section, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: ``(A) A description of the property proposed to be made available for transfer. ``(B) A description of the conditions, if any, to be imposed on use of the property after transfer. ``(C) A certification that transfer of the property would not violate a provision of this section or any other provision of law. ``(2) The Secretary may not transfer any property covered by a report under this subsection unless authorized by a law enacted by Congress after the date of the receipt of the report by Congress. ``(f) Annual Certification Accounting for Transferred Property.-- (1) The Secretary of Defense shall submit to the appropriate committees of Congress each year a certification in writing that each recipient to which the Secretary has transferred property under this section during the preceding fiscal year-- ``(A) has provided to the Secretary documentation accounting for all property the Secretary has previously transferred to such recipient under this section; and ``(B) has complied with paragraphs (5) and (6) of subsection (b) with respect to the property so transferred during such fiscal year. ``(2) If the Secretary cannot provide a certification under paragraph (1) for a recipient, the Secretary may not transfer additional property to such recipient under this section, effective as of the date on which the Secretary would otherwise make the certification under this subsection, and such recipient shall be suspended or terminated from further receipt of property under this section. ``(g) Conditions for Extension of Program.--Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to the appropriate committees of Congress a certification that for the preceding fiscal year that-- ``(1) each recipient agency that has received property under this section has-- ``(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or ``(B) been suspended or terminated from the program pursuant to paragraph (4); ``(2) with respect to each non-Federal agency that has received property under this section, the State Coordinator responsible for each such agency has verified that the State Coordinator or an agent of the State Coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended or terminated; and ``(5) each State Coordinator has certified, for each non- Federal agency located in the State for which the State Coordinator is responsible that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated; and ``(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated. ``(h) Website.--The Defense Logistics Agency shall maintain, and update on a quarterly basis, an Internet website on which the following information shall be made publicly available in a searchable format: ``(1) A description of each transfer made under this section, including transfers made before the date of the enactment of the Stop Militarizing Law Enforcement Act, set forth by State, county, and recipient agency, and including item name, item type, item model, and quantity. ``(2) A list of all property transferred under this section that is not accounted for by the Defense Logistics Agency, including-- ``(A) the name of the State, county, and recipient agency; ``(B) the item name, item type, and item model; ``(C) the date on which such property became unaccounted for by the Defense Logistics Agency; and ``(D) the current status of such item. ``(3) A list of each agency suspended or terminated from further receipt of property under this section, including State, county, and agency, and the reason for and duration of such suspension or termination. ``(i) Definitions.--In this section: ``(1) The term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. ``(2) The term `agent of a State Coordinator' means any individual to whom a State Coordinator formally delegates responsibilities for the duties of the State Coordinator to conduct inventories described in subsection (g)(2). ``(3) The term `State Coordinator', with respect to a State, means the individual appointed by the governor of the State to maintain property accountability records and oversee property use by the State.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Return of Property to Department of Defense.--Not later than one year after the date of the enactment of this Act, each Federal or State agency to which property described by subsection (d) of section 2576a of title 10, United States Code (as added by subsection (a)(1) of this section), was transferred before the date of the enactment of this Act shall return such property to the Defense Logistics Agency on behalf of the Department of Defense. SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS GRANT FUNDS. (a) Definitions.--In this section-- (1) the term ``Agency'' means the Federal Emergency Management Agency; and (2) the term ``preparedness grant program'' includes-- (A) the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604); (B) the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605); (C) the Port Security Grant Program authorized under section 70107 of title 46, United States Code; and (D) any other non-disaster preparedness grant program of the Agency. (b) Limitation.--The Agency may not permit awards under a preparedness grant program-- (1) to be used to buy, maintain, or alter-- (A) explosive entry equipment; (B) head and face protection equipment, other than those to be used by certified bomb technicians; (C) canines (other than bomb-sniffing canines for agencies with certified bomb technicians or for use in search and rescue operations); (D) tactical or armored vehicles; (E) long range hailing and warning devices; (F) tactical entry equipment (other than for use by specialized teams such as Accredited Bomb Squads, Tactical Entry, or Special Weapons and Tactics (SWAT) Teams); or (G) firearms of .50 caliber or higher, ammunition of .50 caliber or higher, grenade launchers, flash grenades, or bayonets; (2) to be used to buy, maintain, or alter body armor or ballistic helmets and shields unless the grantee certifies to the Agency that the equipment will not be used for riot suppression. (c) Review of Prior Receipt of Property Before Award.--In making an award under a preparedness grant program, the Agency shall-- (1) determine whether the awardee has already received, and still retains, property from the Department of Defense pursuant to section 2576a of title 10, United States Code, including through review of the website maintained by the Defense Logistics Agency pursuant to subsection (h) of such section (as added by section 2(a)(1) of this Act); (2) require that the award may not be used by the awardee to procure or obtain property determined to be retained by the awardee pursuant to paragraph (1); and (3) require that the award only be used to procure or obtain property in accordance with use restrictions contained within the Agency's State and Local Preparedness Grant Programs' Authorized Equipment List. (d) Use of Grant Program Funds for Required Return of Property to DoD.--Notwithstanding any other provision of law, the use of funds by a State or local agency to return to the Department of Defense property transferred to such State or local agency pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of preparedness grant program funds by such agency. (e) Accountability Measures.-- (1) Audit of use of preparedness grant funds.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit covering the period of fiscal year 2010 through the current fiscal year on the use of preparedness grant program funds. The audit shall assess how funds have been used to procure equipment, how the equipment has been used, and whether the grant awards have furthered the Agency's goal of improving the preparedness of State and local communities. (2) Annual accounting of use of award funds.--Not later than one year after the date of the enactment of this Act, the Agency shall develop and implement a system of accounting on an annual basis how preparedness grant program funds have been used to procure equipment, how the equipment has been used, whether grantees have complied with restrictions on the use of equipment contained with the Authorized Equipment List, and whether the awards have furthered the Agency's goal of enhancing the capabilities of State agencies to prevent, deter, respond to, and recover from terrorist attacks, major disasters, and other emergencies. SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS. (a) Limitation.--Section 501(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by adding at the end the following: ``(3) The purchase, maintenance, alteration, or operation of-- ``(A) lethal weapons; or ``(B) less-lethal weapons.''. (b) Use of Grant Funds for Required Return of Property to DoD.-- Notwithstanding any other provision of law, the use of funds by a State agency or unit of local government to return to the Department of Defense property transferred to such agency or unit of local government pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of grant amounts under the Edward Byrne Memorial Justice Assistance Grant Program. SEC. 5. COMPTROLLER GENERAL REPORT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to Congress a report on Federal agencies, including offices of Inspector General for Federal agencies, that have specialized units that receive special tactical or military- style training or use hard-plated body armor, shields, or helmets and that respond to high-risk situations that fall outside the capabilities of regular law enforcement officers, including any special weapons and tactics (SWAT) team, tactical response teams, special events teams, special response teams, or active shooter teams. (b) Elements.--The report required under subsection (a) shall include the following elements: (1) A description of each specialized unit described under such subsection. (2) A description of the training and weapons of each such unit. (3) The criteria for activating each such unit and how often each such unit was activated for each year of the previous ten years. (4) An estimate of the annual cost of equipping and operating each such unit. (5) Any other information that is relevant to understanding the usefulness and justification for the units.

Stop Militarizing Law Enforcement Act Revises the authority of the Secretary of Defense (DOD) to transfer excess DOD property, including small arms and ammunition, to federal and state agencies for law enforcement activities to: repeal provisions authorizing the transfer of property the Secretary determines is suitable for use in counter-drug and counter-terrorism activities; repeal provisions directing the Secretary to carry out such transfers in consultation with the Director of National Drug Control Policy; condition such a transfer on the recipient certifying that it has the personnel and technical capacity to operate the property and will return property determined to be surplus to its needs; prohibit the transfer of specified weapons, materials, and equipment, including explosive ordnance, drones, assault vehicles, firearms or ammunition of .50 caliber or higher, grenade launchers, flash grenades, and bayonets; and condition continuation of such program on the Secretary certifying that, for the prior fiscal year, recipients demonstrated 100% accountability for transferred property and complied with program requirements or were suspended or terminated from the program. Requires the Secretary to: (1) report to Congress and obtain prior approval by law before transferring any DOD property not previously made available for transfer; and (2) submit an annual written certification that a recipient has accounted for, and met transfer conditions for, any such transferred property. Requires the Defense Logistics Agency to maintain an Internet website on such transfers, unaccounted-for property, and suspended or terminated recipients. Prohibits the Federal Emergency Management Agency (FEMA) from permitting awards under a preparedness grant program to be used to buy, maintain, or alter: (1) specified protective, tactical, or explosives equipment, vehicles, canines, or firearms or ammunition of .50 caliber or higher; and (2) body armor or ballistic helmets and shields unless the grantee certifies to FEMA that the equipment will not be used for riot suppression. Directs: (1) the Comptroller General to conduct an audit covering the period of FY2010 through the current fiscal year on the use of preparedness grant program funds that assesses how funds have been used to procure equipment, how the equipment has been used, and whether the grant awards have furthered FEMA's goal of improving the preparedness of state and local communities; and (2) FEMA to implement a system of accounting on an annual basis how preparedness grant program funds have been used to procure equipment, how the equipment has been used, whether grantees have complied with restrictions on the use of equipment contained with the Authorized Equipment List, and whether the awards have furthered its goal of enhancing the capabilities of state agencies to prevent, deter, respond to, and recover from terrorist attacks, major disasters, and other emergencies. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the use of Edward Byrne Memorial Justice Assistance Grant funds for the purchase, maintenance, alteration, or operation of lethal weapons or less-lethal weapons. Directs the Comptroller General to report on federal agencies, including agency offices of Inspector General, that have specialized units that receive special tactical or military-style training or use hard-plated body armor, shields, or helmets and that respond to high-risk situations that fall outside the capabilities of regular law enforcement officers. Requires such report to include information that is relevant to understanding the usefulness and justification for such units.

Stop Militarizing Law Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Emergency Psychiatric Care Act''. SEC. 2. EXTENSION AND EXPANSION OF MEDICAID EMERGENCY PSYCHIATRIC DEMONSTRATION PROJECT. (a) In General.--Subsection (d) of section 2707 of Public Law 111- 148 (42 U.S.C. 1396a note) is amended to read as follows: ``(d) Length of Demonstration Project.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the demonstration project established under this section shall be conducted for a period of 3 consecutive years. ``(2) Temporary extension of participation eligibility for selected states.-- ``(A) In general.--Subject to subparagraph (B) and paragraph (4), a State selected as an eligible State to participate in the demonstration project on or prior to March 13, 2012, shall, upon the request of the State, be permitted to continue to participate in the demonstration project through September 30, 2016, if-- ``(i) the Secretary determines that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such extension for that State is projected not to increase net program spending under title XIX of the Social Security Act. ``(B) Notice of projections.--The Secretary shall provide each State selected to participate in the demonstration project on or prior to March 13, 2012, with notice of the determination and certification made under subparagraph (A) for the State. ``(3) Extension and expansion of demonstration project.-- ``(A) Additional extension.--Taking into account the recommendations submitted to Congress under subsection (f)(3), the Secretary may permit an eligible State participating in the demonstration project as of the date such recommendations are submitted to continue to participate in the project through December 31, 2019, if, with respect to the State-- ``(i) the Secretary determines that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act. ``(B) Option for expansion to additional states.--Taking into account the recommendations submitted to Congress pursuant to subsection (f)(3), the Secretary may expand the number of eligible States participating in the demonstration project through December 31, 2019, if, with respect to any new eligible State-- ``(i) the Secretary determines that the participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that the participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act. ``(C) Notice of projections.--The Secretary shall provide each State participating in the demonstration project as of the date the Secretary submits recommendations to Congress under subsection (f)(3), and any additional State that applies to be added to the demonstration project, with notice of the determination and certification made for the State under subparagraphs (A) and (B), respectively, and the standards used to make such determination and certification-- ``(i) in the case of a State participating in the demonstration project as of the date the Secretary submits recommendations to Congress under subsection (f)(3), not later than August 31, 2016; and ``(ii) in the case of an additional State that applies to be added to the demonstration project, prior to the State making a final election to participate in the project. ``(4) Authority to ensure budget neutrality.--The Secretary annually shall review each participating State's demonstration project expenditures to ensure compliance with the requirements of paragraphs (2)(A)(i), (2)(A)(ii), (3)(A)(i), (3)(A)(ii), (3)(B)(i), and (3)(B)(ii) (as applicable). If the Secretary determines with respect to a State's participation in the demonstration project that the State's net program spending under title XIX of the Social Security Act has increased as a result of the State's participation in the project, the Secretary shall treat the demonstration project excess expenditures of the State as an overpayment under title XIX of the Social Security Act.''. (b) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) in the subsection heading, by striking ``Limitations on Federal''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``5-year''; and (B) by striking ``through December 31, 2015'' and inserting ``until expended''; (3) by striking paragraph (3); (4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (5) in paragraph (3) (as so redesignated), by striking ``and the availability of funds'' and inserting ``(other than States deemed to be eligible States through the application of subsection (c)(4))''; and (6) in paragraph (4) (as so redesignated)-- (A) in the first sentence-- (i) by inserting ``(other than a State deemed to be an eligible State through the application of subsection (c)(4))'' after ``eligible State''; and (ii) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (B) by inserting after the first sentence the following: ``In addition to any payments made to an eligible State under the preceding sentence, the Secretary shall, during any period in effect under paragraph (2) or (3) of subsection (d), or during any period in which a law described in subsection (f)(4)(C) is in effect, pay each eligible State (including any State deemed to be an eligible State through the application of subsection (c)(4)), an amount each quarter equal to the Federal medical assistance percentage of expenditures in the quarter during such period for medical assistance described in subsection (a). Payments made to a State for emergency psychiatric demonstration services under this section during the extension period shall be treated as medical assistance under the State plan for purposes of section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)).''. (c) Recommendations to Congress.--Subsection (f) of section 2707 of such Act (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(3) Recommendation to congress regarding extension and expansion of project.--Not later than September 30, 2016, the Secretary shall submit to Congress and make available to the public recommendations based on an evaluation of the demonstration project, including the use of appropriate quality measures, regarding-- ``(A) whether the demonstration project should be continued after September 30, 2016; and ``(B) whether the demonstration project should be expanded to additional States. ``(4) Recommendation to congress regarding permanent extension and nationwide expansion.-- ``(A) In general.--Not later than April 1, 2019, the Secretary shall submit to Congress and make available to the public recommendations based on an evaluation of the demonstration project, including the use of appropriate quality measures, regarding-- ``(i) whether the demonstration project should be permanently continued after December 31, 2019, in 1 or more States; and ``(ii) whether the demonstration project should be expanded (including on a nationwide basis). ``(B) Requirements.--Any recommendation submitted under subparagraph (A) to permanently continue the project in a State, or to expand the project to 1 or more other States (including on a nationwide basis) shall include a certification from the Chief Actuary of the Centers for Medicare & Medicaid Services that permanently continuing the project in a particular State, or expanding the project to a particular State (or all States) is projected not to increase net program spending under title XIX of the Social Security Act. ``(C) Congressional approval required.--The Secretary shall not permanently continue the demonstration project in any State after December 31, 2019, or expand the demonstration project to any additional State after December 31, 2019, unless Congress enacts a law approving either or both such actions and the law includes provisions that-- ``(i) ensure that each State's participation in the project complies with budget neutrality requirements; and ``(ii) require the Secretary to treat any expenditures of a State participating in the demonstration project that are excess of the expenditures projected under the budget neutrality standard for the State as an overpayment under title XIX of the Social Security Act. ``(5) Funding.--Of the unobligated balances of amounts available in the Centers for Medicare & Medicaid Services Program Management account, $100,000 shall be available to carry out this subsection and shall remain available until expended.''. (d) Conforming Amendments.--Section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) in subsection (a), in the matter before paragraph (1), by inserting ``publicly or'' after ``institution for mental diseases that is''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``An eligible State'' and inserting ``Except as otherwise provided in paragraph (4), an eligible State''; (B) in paragraph (3), by striking ``A State shall'' and inserting ``Except as otherwise provided in paragraph (4), a State shall''; and (C) by adding at the end the following: ``(4) Nationwide availability.--In the event that the Secretary makes a recommendation pursuant to subsection (f)(4) that the demonstration project be expanded on a national basis, any State that has submitted or submits an application pursuant to paragraph (2) shall be deemed to have been selected to be an eligible State to participate in the demonstration project.''; and (3) in the heading for subsection (f), by striking ``and Report'' and inserting ``, Report, and Recommendations''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. 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 November 16, 2015. Improving Access to Emergency Psychiatric Care Act (Sec. 2) This bill amends the Patient Protection and Affordable Care Act to revise the length of the emergency psychiatric demonstration project under title XIX (Medicaid) of the Social Security Act that is currently limited to three years. Participation in the demonstration project shall be extended through FY2016 for any requesting states selected for eligibility to participate on or before March 13, 2012, if the Department of Health and Human Services (HHS) determines, and the Centers for Medicare & Medicaid Services (CMS) certify, that a state's participation is projected not to increase net Medicaid program spending. An additional extension through December 31, 2019, may be granted to a state, and the number of states eligible to participate may be expanded through December 31, 2019, if the same fiscal criteria are met. HHS shall review annually each participating state's demonstration project expenditures to ensure budget neutrality. If a state's net programming spending has increased as a result of its participation in the project, HHS shall treat the excess expenditures as an overpayment under Medicaid. This bill also revises certain limitations on federal funding. HHS must submit recommendations to Congress: (1) first on whether the demonstration project should be continued after September 30, 2016, (2) whether it should be expanded to additional states, (3) subsequently on whether it should be permanently continued after December 31, 2019, in one or more states, and (4) finally on whether the demonstration project should be expanded (including on a nationwide basis). $100,000 shall be available for the project from unobligated balances of amounts available in the CMS Program Management account.

Improving Access to Emergency Psychiatric Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Travel and Counterterrorism Partnership Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should modernize the visa waiver program by simultaneously-- (A) enhancing program security requirements; and (B) extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; and (2) the expansion described in paragraph (1) will-- (A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives; (B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and (C) strengthen bilateral relationships. SEC. 3. DISCRETIONARY VISA WAIVER PROGRAM EXPANSION. Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following: ``(8) Nonimmigrant visa refusal rate flexibility.--The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if-- ``(A) the country meets all existing security requirements and enhanced security requirements described in section 4 of the Secure Travel and Counterterrorism Partnership Act; ``(B) the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; ``(C) there has been a sustained reduction in visa refusal rates for aliens from the country and conditions exist to continue such reduction; and ``(D) the country cooperated with the Government of the United States on counterterrorism initiatives and information sharing before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State expect such cooperation will continue. ``(9) Discretionary security-related considerations.-- ``(A) In general.--In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, may take into consideration other factors affecting the security of the United States, including-- ``(i) airport security standards in the country; ``(ii) whether the country assists in the operation of an effective air marshal program; ``(iii) the standards of passports and travel documents issued by the country; and ``(iv) other security-related factors. ``(B) Overstay rates.--In determining whether to permit a country to participate in the program, the Secretary of Homeland Security may consider the estimated rate at which nationals of the country violate the terms of their visas by remaining in the United States after the expiration of such visas.''. SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM. (a) In General.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) in subsection (a)-- (A) by striking ``Operators of aircraft'' and inserting the following: ``(10) Electronic transmission of identification information.--Operators of aircraft''; and (B) by adding at the end the following: ``(11) Eligibility determination under the electronic travel authorization system.--Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission, electronically provide basic biographical information to the system. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.''; (2) in subsection (c), as amended by section 3 of this Act-- (A) in paragraph (2)-- (i) by amending subparagraph (D) to read as follows: ``(D) Reporting lost and stolen passports.--The government of the country enters into an agreement with the United States to report, or make available through Interpol, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement.''; and (ii) by adding at the end the following: ``(E) Repatriation of aliens.--The government of the country accepts for repatriation any citizen, former citizen, or national against whom a final executable order of removal is issued not later than 3 weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien. ``(F) Passenger information exchange.--The government of the country enters into an agreement with the United States to share information regarding whether nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.''; (B) in paragraph (5)-- (i) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (ii) in subparagraph (A)(i)-- (I) in subclause (II), by striking ``and'' at the end; (II) in subclause (III), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(IV) shall submit to Congress a report regarding the implementation of the electronic travel authorization system under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8).''; and (C) by adding at the end the following: ``(10) Technical assistance.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section.''; (3) in subsection (f)(5), by striking ``of blank'' and inserting ``or loss of''; and (4) in subsection (h), by adding at the end the following: ``(3) Electronic travel authorization system.-- ``(A) System.--The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the `System') to collect such basic biographical information as the Secretary of Homeland Security determines to be necessary to determine, in advance of travel, the eligibility of an alien to travel to the United States under the program. ``(B) Fees.--The Secretary of Homeland Security may charge a fee for the use of the System, which shall be-- ``(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and ``(ii) available to pay the costs incurred to administer the System. ``(C) Validity.-- ``(i) Period.--The Secretary of Homeland Security, in consultation with the Secretary of State shall prescribe regulations that provide for a period, not to exceed 3 years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason. ``(ii) Limitation.--A determination that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States. ``(iii) Judicial review.--Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System. ``(D) Report.--Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the System to-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Select Committee on Intelligence of the Senate; ``(iv) the Committee on Appropriations of the Senate; ``(v) the Committee on Homeland Security of the House of Representatives; ``(vi) the Committee on the Judiciary of the House of Representatives; ``(vii) the Permanent Select Committee on Intelligence of the House of Representatives; and ``(viii) the Committee on Appropriations of the House of Representatives.''. (b) Effective Date.--Section 217(a)(11) of the Immigration and Nationality Act, as added by subsection (a)(1)(B) shall take effect on the date which is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement of such paragraph. SEC. 5. EXIT SYSTEM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). (b) System Requirements.--The system established under subsection (a) shall-- (1) match biometric information of the alien against relevant watch lists and immigration information; and (2) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such individuals have departed the United States. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes-- (1) the progress made in developing and deploying the exit system established under this section; and (2) the procedures by which the Secretary will improve the manner of calculating the rates of nonimmigrants who violate the terms of their visas by remaining in the United States after the expiration of such visas. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, and the amendments made by this Act.

Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that: (1) the United States should modernize the visa waiver program by enhancing program security requirements and extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; and (2) such expansion will have positive security, economic, and bilateral effects. Amends the Immigration and Nationality Act with respect to the visa waiver program to authorize waiver of low visa refusal rate requirements for a country that meets security and counterterrorism cooperation requirements and has a sustained reduction in visa refusal rates. Authorizes the Secretary of Homeland Security to consider: (1) specified security-related issues in determining whether to waive low visa refusal requirements; and (2) visa overstay rates in determining program eligibility. Provides for the following program security enhancements: (1) implementation of an electronic travel authorization system which shall provide biographical information; (2) participant country reporting of lost and stolen passports to the U.S. government; (3) participant country acceptance of its citizens or nationals removed from the United States; and (4) security-related information exchange about a country's citizens or nationals traveling to the United States. Requires the Secretary to establish an exit system that records the departure on a flight leaving the United States of every alien program participant. Requires that such system: (1) match an alien's biometric information against watch lists and immigration information; and (2) compare such biometric information against air carrier manifests to confirm departures.

A bill to expand visa waiver program to countries on a probationary basis and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andean Adjustment Act of 2001''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2005; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Colombia or Peru-- (1) who was physically present in the United States on December 1, 1995; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Andean Adjustment Act of 2001 - Provides for the adjustment to permanent resident status of certain U.S.-resident Colombian and Peruvian nationals (and spouses, children, and certain unmarried sons or daughters).

To adjust the immigration status of certain Colombian and Peruvian nationals who are in the United States.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Small Business Tax Extenders Act of 2012''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Paragraph (4) of section 1202(a) is amended-- (1) by striking ``January 1, 2012'' and inserting ``January 1, 2013'', and (2) by striking ``and 2011'' and inserting ``, 2011, and 2012'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2011. SEC. 3. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES. (a) In General.--Subparagraph (A) of section 39(a)(4) is amended by inserting ``, 2011, or 2012'' after ``2010''. (b) Effective Date.--The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2010. SEC. 4. EXTENSION OF ALTERNATIVE MINIMUM TAX RULES FOR GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES. (a) In General.--Subparagraph (A) of section 38(c)(5) is amended by inserting ``, 2011, or 2012'' after ``2010''. (b) Effective Date.--The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2010, and to carrybacks of such credits. SEC. 5. EXTENSION OF REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX. (a) In General.--Clause (ii) of section 1374(d)(7)(B) of the Internal Revenue Code of 1986 is amended by inserting ``2012, or 2013,'' after ``2011,''. (b) Conforming Amendment.--The heading for section 1374(d)(7)(B) is amended by striking ``and 2011'' and inserting ``2011, and 2012''. (c) Technical Amendment.--Subparagraph (B) of section 1374(d)(7) of such Code is amended by striking ``The preceding sentence'' and inserting the following: ``For purposes of applying this subparagraph to an installment sale, each portion of such installment sale shall be treated as a sale occurring in the taxable year in which the first portion of such installment sale occurred. This subparagraph''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 6. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. (a) In General.--Section 179(b) is amended-- (1) by striking ``2010 or 2011'' each place it appears in paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or 2012'', (2) by striking ``2012'' each place it appears in paragraph (1)(C) and (2)(C) and inserting ``2013'', and (3) by striking ``2012'' each place it appears in paragraph (1)(D) and (2)(D) and inserting ``2013''. (b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) is amended by striking ``2012'' and inserting ``2013''. (c) Computer Software.--Section 179(d)(1)(A)(ii) is amended by striking ``2013'' and inserting ``2014''. (d) Election.--Section 179(c)(2) is amended by striking ``2013'' and inserting ``2014''. (e) Special Rules for Treatment of Qualified Real Property.-- Section 179(f)(1) is amended by striking ``2010 or 2011'' and inserting ``2010, 2011, or 2012''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. EXTENSION OF SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING. (a) In General.--Clause (ii) of section 460(c)(6)(B) is amended by striking ``January 1, 2011 (January 1, 2012'' and inserting ``January 1, 2013 (January 1, 2014''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2010. SEC. 8. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR START- UP EXPENDITURES. (a) In General.--Paragraph (3) of section 195(b) is amended-- (1) by inserting ``, 2001, or 2012'' after ``2010'', and (2) by inserting ``2011, and 2012'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 9. EXTENSION OF ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN COMPUTING SELF-EMPLOYMENT TAXES. (a) In General.--Paragraph (4) of section 162(l) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2012''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010.

Small Business Tax Extenders Act of 2012 - Amends the Internal Revenue Code to extend through 2012: (1) the 100% exclusion from gross income of gain from the sale or exchange of certain small business stock; (2) the five-year carryback of the general business tax credits of eligible small businesses; (3) the offset against the alternative minimum tax (AMT) of general business tax credits; (4) the reduction (from seven to five years) in the recognition period for the built-in gains of S corporations; (5) the increased expensing allowance for depreciable business assets, including computer software; (6) the special tax rule for long-term contract accounting; (7) the increased tax deduction for small business start-up expenditures; and (8) the tax deduction for health insurance premiums in computing self-employment taxable income.

A bill to amend the Internal Revenue Code of 1986 to extend certain provisions of the Creating Small Business Jobs Act of 2010, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Ethics Commission Act of 2007''. SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the House of Representatives to be known as the Independent Ethics Committee (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 9 commissioners, 4 appointed by the Speaker and 4 by the minority leader of the House, and one selected by the affirmative vote of two-thirds of the 8 appointed commissioners for a term of 5 years. No commissioner may serve for more than 5 years. (2) Commissioners shall be appointed for terms of 5 years, except that of the commissioners first appointed, 2 appointed by the Speaker and 2 by the minority leader shall be for 3-year terms and 2 appointed by the Speaker and 2 by the minority leader shall be for 4-year terms as designated by the Speaker and the minority leader at the time of appointment. (c) Qualifications.--Only former Federal judges shall be eligible for appointment to the Commission. (1) Disqualifications for appointments.-- (A) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (B) Incompatible office.--No member of the Commission appointed under subsection (b) may be a Member of the House of Representatives or Senator. (2) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum. (f) Meetings.--The Commission shall meet at the call a majority of its members. SEC. 3. DUTIES OF COMMISSION. (a) Duties.--The Commission is authorized-- (1) to receive, monitor, and oversee financial disclosure and other reports filed by Members of the House and officers and employees of the House under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995; (2) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under House rules in the performance of his duties or the discharge of his responsibilities; (3) to present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives; (4) to make recommendations to the Committee on Standards of Official Conduct of the House of Representatives that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office; (5) to provide information and informal guidance to Members, officers and employees of the House of Representatives regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards; and (6) to give consideration to the request of any Member, officer, or employee of the House of Representatives for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives, as applicable, with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable. (b) Subpoenas.--A subpoena may be issued only with a majority of the Commission. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Commission to enable it to carry out its duties. (d) Referrals to the Department of Justice.--Whenever the Commission has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, that matter may be referred to the Department of Justice for it to investigate. (e) General Audits.--The Commission shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995. SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) Notification.--Whenever the Commission determines that there are sufficient grounds to conduct an investigation-- (1) the Commission shall notify the Committee on Standards of Official Conduct of this determination; (2) the applicable committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll-call vote is included in the report; (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote; and (E) if the committee votes to overrule the determination of the Commission pursuant to subparagraph (B), the Commission may publish and make available to the general public a report detailing the reasons that the Commission concluded there were sufficient grounds to conduct an investigation. (b) Conducting Investigations.--(1) If the Commission determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Commission shall conduct an investigation to determine if probable cause exists that a violation occurred. (2) As part of an investigation, the Commission may-- (A) administer oaths; (B) issue subpoenas; (C) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; and (D) take the deposition of witnesses. (3) If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress. (c) Presentation of Case to House Committee on Standards of Official Conduct.--(1) If the Commission determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Commission shall notify the Committee on Standards of Official Conduct of the House of Representatives of this determination. (2) The committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two- thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll- call vote is included in the report; and (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. (3) If the committee votes to overrule the determination of the Commission pursuant to paragraph (2), the Commission may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee. (4)(A) If the Commission determines there is probable cause that an ethics violation has occurred and the Commission's determination is not overruled, the Commission shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives to hear and make a determination pursuant to its rules. (B) The committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote. (d) Sanctions.--Whenever the Committee on Standards of Official Conduct of the House of Representatives finds that an ethics violation has occurred the Commission shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation. SEC. 6. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 7. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The Commission shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 10. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall not take effect immediately prior to noon January 3, 2009.

Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.

To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native and American Indian Direct Reimbursement Act of 1998''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1988, Congress enacted section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) that established a demonstration program to authorize 4 tribally operated Indian Health Service hospitals or clinics to test methods for direct billing and receipt of payment for health services provided to patients eligible for reimbursement under the medicare or medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and other third-party payors. (2) The 4 participants selected by the Indian Health Service for the demonstration program began the direct billing and collection program in fiscal year 1989 and unanimously expressed success and satisfaction with the program. Benefits of the program include dramatically increased collections for services provided under the medicare and medicaid programs, a significant reduction in the turnaround time between billing and receipt of payments for services provided to eligible patients, and increased efficiency of participants being able to track their own billings and collections. (3) The success of the demonstration program confirms that the direct involvement of tribes and tribal organizations in the direct billing of, and collection of payments from, the medicare and medicaid programs, and other third-party payor reimbursements, is more beneficial to Indian tribes than the current system of Indian Health Service-managed collections. (4) Allowing tribes and tribal organizations to directly manage their medicare and medicaid billings and collections, rather than channeling all activities through the Indian Health Service, will enable the Indian Health Service to reduce its administrative costs. (5) The demonstration program was originally to expire on September 30, 1996, but was extended by Congress to September 30, 1998, so that the current participants would not experience an interruption in the program while Congress awaited a recommendation from the Secretary of Health and Human Services on whether to make the program permanent. (6) It would be beneficial to the Indian Health Service and to Indian tribes, tribal organizations, and Alaska Native organizations to provide permanent authorization for direct billing and collection and to extend participation in direct billing and collection to other Indian tribes, tribal organizations, and Alaska Native health organizations who operate a facility of the Indian Health Service. SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD-PARTY PAYORS. (a) Permanent Authorization.--Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended to read as follows: ``SEC. 405. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY PAYORS. ``(a) Establishment of Direct Billing Program.-- ``(1) In general.--Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of any health program of the Service under the Indian Self-Determination and Education Assistance Act may elect to directly bill for, and receive payment for, health care services provided by such health programs for which payment is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (in this section referred to as the `medicare program'), under a State plan for medical assistance approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (in this section referred to as the `medicaid program'), or from any other third-party payor. ``(2) Application of 100 percent fmap.--The third sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall apply for purposes of reimbursement under the medicaid program for health care services directly billed under the program established under this section. ``(b) Direct Reimbursement.-- ``(1) Use of funds.--Each health program participating in the program described in subsection (a) of this section shall be reimbursed directly under the medicare and medicaid programs for services furnished, without regard to the provisions of section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) and sections 402(a) and 813(b)(2)(A), but all funds so reimbursed shall first be used by the health program for the purpose of making any improvements in the health facilities or programs that may be necessary to achieve or maintain compliance with the conditions and requirements applicable generally to facilities or health programs of such type under the medicare or medicaid programs. Any funds so reimbursed which are in excess of the amount necessary to achieve or maintain such conditions shall be used-- ``(A) solely for improving the health resources deficiency level of the Indian tribe; and ``(B) in accordance with the regulations of the Service applicable to funds provided by the Service under any contract or compact entered into under the Indian Self-Determination Act (25 U.S.C. 450f et seq.). ``(2) Audits.--The amounts paid to the health programs participating in the program established under this section shall be subject to all auditing requirements applicable to programs administered directly by the Service and to facilities participating in the medicare and medicaid programs. ``(3) No payments from special funds.--Notwithstanding section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) or section 402(a), no payment may be made out of the special funds described in such sections for the benefit of any health program during the period that the health program participates in the program established under this section. ``(c) Requirements for Participation.-- ``(1) Certification.--Except as provided in paragraph (2)(B), in order to be eligible for participation in the program established under this section, an Indian tribe, tribal organization, or Alaska Native health organization shall submit a certification to the Secretary that-- ``(A) the Indian tribe, tribal organization, or Alaska Native health organization contracts or compacts for any part of the operation of a health program of the Service; and ``(B) the health program is eligible to participate in the medicare or medicaid programs under section 1880 or 1911 of the Social Security Act (42 U.S.C. 1395qq; 1396); ``(2) Grandfather of demonstration program participants.-- Any participant in the program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1998 shall be deemed to have elected to participate in the program established under this section and shall not be required to submit a certification in order to participate in the program. ``(3) Duration.--A certification to the Secretary of a qualified application under paragraph (1), or a deemed certification of a demonstration program under paragraph (2), shall continue in effect as long as the participant meets the requirements of this section. ``(d) Examination and Implementation of Changes.--The Secretary, acting through the Service and with the assistance of the Administrator of the Health Care Financing Administration, shall examine on an ongoing basis and implement any administrative changes that may be necessary to facilitate direct billing and reimbursement under the program established under this section, including any agreements with States that may be necessary to provide for direct billing under the medicaid program. ``(e) Withdrawal From Program.--A participant in the program established under this section may withdraw from participation in the same manner and under the same conditions that a tribe or tribal organization may retrocede a contracted program to the Secretary under authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). All cost accounting and billing authority under the program established under this section shall be returned to the Secretary upon the Secretary's acceptance of the withdrawal of participation in this program.''. (b) Conforming Amendments.-- (1) Section 1990 of the Social Security Act (42 U.S.C. 1395qq) is amended by adding at the end the following: ``(e) Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) containing provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a health program of such tribes or organizations and for which payment may be made under this title shall apply.''; and (2) Section 1911 of the Social Security Act (42 U.S.C. 1396j) is amended by adding at the end the following: ``(d) Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) containing provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a health program of such tribes or organizations and for which payment may be made under this title shall apply.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1998.

Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the authority (currently provided under a demonstration program) for Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of any health program of the Indian Health Service to directly bill for, and receive payment for, health care services provided by such health programs for which payment is made under Medicare or Medicaid or from any other third party payor. Provides that: (1) such an entity shall be eligible to participate if it certifies that it contracts or compacts for any part of the operations of a Service health program that is eligible to participate in the Medicare or Medicaid programs; and (2) entities participating in a demonstration program as in effect the day before enactment of this Act shall be deemed to have elected to participate and shall not be required to make such certification. Provides for: (1) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (2) withdrawal from participation in the program.

Alaska Native and American Indian Direct Reimbursement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Media Research Advancement Act'' or the ``CAMRA Act''. SEC. 2. PURPOSE. It is the purpose of this Act to enable the National Institute of Child Health and Human Development to-- (1) examine the role and impact, both positive and negative, of electronic media in children's and adolescents' cognitive, social, emotional, physical, and behavioral development; and (2) provide for a report to Congress containing the empirical evidence and other results produced by the research funded through grants under this Act. SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452H. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE DEVELOPMENT OF CHILDREN AND ADOLESCENTS. ``(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Director of the Institute), shall enter into a contract with the National Academy of Sciences, in collaboration with the Institute of Medicine or another appropriate entity to review, synthesize, and report on research, and establish research priorities, regarding the roles and impact of electronic media (including television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones) and exposures to such media on youth in the following core areas of development: ``(1) Cognitive.--Cognitive areas such as language development, attention span, problem solving skills (such as the ability to conduct multiple tasks or `multitask'), visual and spatial skills, reading, and other learning abilities. ``(2) Physical.--Physical areas such as physical coordination, diet, exercise, sleeping and eating routines. ``(3) Socio-behavioral.--Socio-behavioral areas such as family activities and peer relationships including indoor and outdoor play time, interactions with parents, consumption habits, social relationships, aggression, and positive social behavior. ``(b) Research Program.-- ``(1) In general.--Taking into account the report provided for under subsection (a), the Secretary, acting through the Director, shall, subject to the availability of appropriations, award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio- behavioral development of youth. ``(2) Requirements.--The research provided for under paragraph (1) shall comply with the following requirements: ``(A) Such research shall focus on the impact of factors such as media content (whether direct or indirect), format, length of exposure, age of youth, venue, and nature of parental involvement. ``(B) Such research shall not duplicate other Federal research activities. ``(C) For purposes of such research, electronic media shall include television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones. ``(3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall-- ``(A) prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director shall require; and ``(B) agree to use amounts received under the grant to carry out activities as described in this subsection. ``(c) Reports.-- ``(1) Report to the director.--Not later than 15 months after the date of the enactment of this section, the report provided for under subsection (a) shall be submitted to the Director and to the appropriate committees of Congress. ``(2) Report to congress.--Not later than December 31, 2013, the Secretary, acting through the Director, shall prepare and submit to the appropriate committees of Congress a report that-- ``(A) synthesizes the results of-- ``(i) research carried out under the grant program under subsection (b); and ``(ii) other related research, including research conducted by the private or public sector and other Federal entities; and ``(B) outlines existing research gaps in light of the information described in subparagraph (A). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 2008, $15,000,000 for fiscal year 2009, $20,000,000 for fiscal year 2010, $25,000,000 for fiscal year 2011, and $25,000,000 for fiscal year 2012.''.

Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institute of Child Health and Human Development, to enter into a contract with the National Academy of Science or another appropriate entity to: (1) review, synthesize, and report on research regarding the roles and impact of electronic media (including television, motion pictures, DVD's, interactive video games, digital music, the Internet, and cell phones) and exposures to such media on youth in core areas of development; and (2) establish research priorities regarding such issues. Directs the Secretary, acting through the Director, to award grants for research concerning the role and impact of electronic media on the cognitive, physical, and socio-behavioral development of youth. Requires such research to: (1) focus on the impact of factors such as media content, format, length of exposure, age of youth, venue, and nature of parental involvement; and (2) include as electronic media television, motion pictures, DVDs, interactive video games, digital music, the Internet, and cell phones.

A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the National Institute of Child Health and Human Development to study the role and impact of electronic media in the development of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robin Danielson Act''. TITLE I--RESEARCH REGARDING RISKS POSED BY DIOXIN, SYNTHETIC FIBERS, AND OTHER ADDITIVES IN FEMININE HYGIENE PRODUCTS SEC. 101. FINDINGS. The Congress finds as follows: (1) Tampons are used by approximately 73,000,000 women in the United States today, and the average woman may use as many as 16,800 tampons in her lifetime. A woman on estrogen replacement therapy may use as many as 24,360 tampons in her lifetime. (2) The Environmental Protection Agency and the International Agency for Research on Cancer, an arm of the World Health Organization, have concluded that dioxins are a probable human carcinogen (cancer causing agent). (3) According to the Food and Drug Administration, dioxins are formed as a result of combustion processes such as commercial and municipal waste incineration and from burning fuels (like wood, coal, or oil). Dioxins are a byproduct of chlorine bleaching of pulp and paper. (4) Tampons currently sold in the United States are composed of cotton, rayon, or of a combination of cotton and rayon. Rayon is produced from cellulose fibers derived from bleached wood pulp. (5) While bleaching processes that do not produce dioxin in any amount are available, most wood pulp manufacturers currently use elemental-chlorine free bleaching processes. This process uses chlorine dioxide as a bleaching agent and still produces dioxins. (6) The Food and Drug Administration has not explicitly forbidden the use of chlorine in tampon manufacturing. (7) Trace amounts of dioxins can also be found in tampons that use a chlorine-free bleaching process as well as 100 percent cotton tampons as the Environmental Protection Agency states that due to decades of pollution, dioxin can be found in the air, water, and ground and thus can be found in both cotton and wood pulp raw materials used in tampon production. (8) The effects of dioxin from various sources are cumulative. Women may be exposed to dioxin in tampons and other menstrual products for as long as 60 years over the course of their reproductive lives. (9) The Food and Drug Administration has historically relied on data provided by manufacturers of feminine hygiene products in determining product safety. (10) Although the Food and Drug Administration currently requires tampon manufacturers to monitor dioxin levels in their finished products, they do not generally collect this information and it is not readily available to the public. (11) Recent studies have produced conflicting information about the link between dioxin exposure and increased risks for endometriosis. (12) The Environmental Protection Agency has concluded that people with high levels of exposure to dioxins may be at risk for other noncancer effects that could suppress the immune system, increase the risk of pelvic inflammatory disease, reduce fertility, and interfere with fetal and childhood development. (13) Toxic Shock Syndrome (TSS) has been linked to tampon use especially those tampons containing synthetic fibers and the absorbency of the tampon. TSS is a rare bacterial illness that occurs mostly in menstruating women. During 1979 and 1980, the syndrome was responsible for at least 55 deaths and 1,066 nonfatal cases. (14) In response to a 1988 lawsuit, the Food and Drug Administration has required tampons to be labeled with reference to an absorbency standard (e.g., super tampons must absorb between 9 and 12 grams of liquid). (15) As a result of independent research that showed that synthetic fiber additives in tampons amplify toxin production, which is associated with toxic shock syndrome, manufacturers have ceased to include three of the four synthetic ingredients once often used to increase tampon absorbency. Highly absorbent viscose rayon is still used in tampon production. According to some TSS researchers incidence of menstrually related TSS is creeping up and strains of Staphylococcus aureus causing it are becoming more antibiotic resistant and more virulent. SEC. 102. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO OFFICE OF RESEARCH ON WOMEN'S HEALTH. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following section: ``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH. ``(a) Dioxin in Feminine Hygiene Products.-- ``(1) In general.--The Director of NIH, in collaboration with the Director of the Office, shall provide for the conduct or support of research to determine the extent to which the presence of dioxin, synthetic fibers, and other additives in tampons and other feminine hygiene products-- ``(A) poses any risks to the health of women who use the products, including risks relating to cervical cancer, endometriosis, infertility, ovarian cancer, breast cancer, immune system deficiencies, pelvic inflammatory disease, and toxic shock syndrome; and ``(B) poses any risks to the health of children of women who used such products during or before the pregnancies involved, including risks relating to fetal and childhood development. ``(2) Requirement regarding data from manufacturers.-- Research under paragraph (1) shall include research to confirm the data on tampons and other feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of such products. ``(3) Definition.--For purposes of paragraph (1), the term `feminine hygiene products' means tampons, pads, liners, and similar products used by women with respect to menstruation or other genital-tract secretions. ``(b) Reports.--Reports on the results of research under subsection (a) shall be periodically submitted to the Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Chairman of the Consumer Product Safety Commission. Such reports shall be made available to the public through the data system and clearinghouse program established under section 486A, or through other appropriate means.''. TITLE II--COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME SEC. 201. FINDINGS. The Congress finds as follows: (1) Of the cases of toxic shock syndrome in the United States, approximately 50 percent are related to tampon use and approximately 50 percent occur in nonmenstruating women and in men and children. (2) The Centers for Disease Prevention and Control has estimated that between one and two of every 100,000 women 15 to 44 years of age will develop the syndrome. (3) Epidemiological data on cases of toxic shock syndrome are not systematically collected in the United States, and information on cases seldom travels beyond the victim's circle of family and friends. Toxic Shock Syndrome is a nationally notifiable disease that States report to the Centers for Disease Prevention and Control, but the reporting by the States is voluntary. (4) According to the Council of State and Territorial Epidemiologists, as of 2006, only 39 States required reporting of streptococcal and non-streptococcal toxic shock syndrome to State health officials. (5) The last active surveillance of toxic shock syndrome occurred in 1987 only in four States and surveying 12 million people. National surveillance is conducted through the National Electronic Telecommunications Systems. (6) The Centers for Disease Prevention and Control and the States should cooperate to collect and analyze such data. Increasing the amount of information on toxic shock syndrome will lead to increased awareness about the disease in the medical community, and may also lead to an increased understanding of the causes of the syndrome. SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION; ESTABLISHMENT OF PROGRAM FOR COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following section: ``SEC. 317U. COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome. ``(b) National Incidence and Prevalence.--In carrying out the program under subsection (a), the Secretary shall to the extent practicable determine the national incidence and prevalence of toxic shock syndrome. ``(c) Cooperation With States.--The Secretary may carry out the program under subsection (a) directly and through grants to States and local health departments. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016.''.

Robin Danielson Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to provide for the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or the health of the children of women who use those products during or before the pregnancies involved. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome; and (2) determine the national incidence and prevalence of such syndrome.

To amend the Public Health Service Act to establish a program of research regarding the risks posed by the presence of dioxin, synthetic fibers, and other additives in feminine hygiene products, and to establish a program for the collection and analysis of data on toxic shock syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Education Incentive Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) As concluded in the report of the Committee on Science of the House of Representatives, ``Unlocking Our Future Toward a New National Science Policy,'' which was adopted by the House of Representatives, the United States must maintain and improve its preeminent position in science and technology in order to advance human understanding of the universe and all it contains, and to improve the lives, health, and freedoms of all people. (2) It is estimated that more than half of the economic growth of the United States today results directly from research and development in science and technology. The most fundamental research is responsible for investigating our perceived universe, to extend our observations to the outer limits of what our minds and methods can achieve, and to seek answers to questions that have never been asked before. Applied research continues the process by applying the answers from basic science to the problems faced by individuals, organizations, and governments in the everyday activities that make our lives more livable. (3) The effectiveness of the United States in promoting economic growth will be largely determined by the intellectual capital of the United States. Education is critical to developing this resource. (4) The education program of the United States needs to provide for 3 different kinds of intellectual capital. First, it needs scientists and engineers to continue the research and development that is central to the economic growth of the United States. Second, it needs technologically proficient workers who are comfortable and capable dealing with the demands of a science-based, high-technology workplace. Last, it needs scientifically literate voters and consumers to make intelligent decisions about public policy. (5) Student performance on the recent Third International Math and Science Study highlights the shortcomings of current K-12 science and mathematics education in the United States, particularly when compared to other countries. We must expect more from our Nation's educators and students if we are to build on the accomplishments of previous generations. New methods of teaching mathematics and science are required, as well as better curricula and improved training of teachers. (6) Science is more than a collection of facts, theories, and results. It is a process of inquiry built upon observations and data that leads to a way of knowing and explaining in logically derived concepts and theories. (7) Students should learn science primarily by doing science. Science education ought to reflect the scientific process and be object-oriented, experiment-centered, and concept-based. (8) Children are naturally curious and inquisitive. To successfully tap into these innate qualities, education in science must begin at an early age and continue throughout the entire school experience. (9) Teachers provide the essential connection between students and the content they are learning. High-quality prospective teachers need to be identified and recruited by presenting to them a career that is respected by their peers, is financially and intellectually rewarding, and contains sufficient opportunities for advancement. (10) Teachers need to have incentives to remain in the classroom and improve their practice, and training of teachers is essential if the results are to be good. Teachers need to be knowledgeable of their content area, of their curriculum, of up-to-date research in teaching and learning, and of techniques that can be used to connect that information to their students in their classroom. SEC. 3. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. ``(a) In General.--In the case of an individual who is an eligible teacher for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 10 percent of qualified undergraduate tuition paid by such individual. ``(b) Limitations.-- ``(1) Dollar amount.--The credit allowed by this section for any taxable year shall not exceed $1,000. ``(2) Credit allowed only for 10 years.--No credit shall be allowed under this section for any taxable year after the 10th taxable year for which credit is allowed under this section. ``(c) Eligible Teacher.--For purposes of this section-- ``(1) In general.--The term `eligible teacher' means, with respect to a taxable year, any individual-- ``(A) who is a full-time teacher, including a full- time substitute teacher, in any of grades kindergarten through 12th grade for the academic year ending in such taxable year, ``(B)(i) who teaches primarily math, science, engineering, or technology courses in 1 or more of grades 9 through 12 during such academic year, or ``(ii) who teaches math, science, engineering, or technology courses in 1 or more of grades kindergarten through 8 during such academic year, ``(C) who received a baccalaureate or similar degree with a major in mathematics, science, engineering, or technology from a qualified educational institution, and ``(D) who is highly qualified (as defined in section 9101(23) of the Elementary and Secondary Education Act of 1965). ``(2) Special rule for administrative personnel.--School administrative functions shall be treated as teaching courses referred to in paragraph (1)(B) if such functions primarily relate to such courses or are for a school which focuses primarily on such courses. ``(3) Qualified educational institution.--The term `qualified educational institution' means any eligible educational institution (as defined in section 25A(f)(2)) if-- ``(A) more than 80 percent of such institution's graduates who apply for certification by any State as a teacher are so certified, and ``(B) such institution's school of education (or equivalent unit) has an advisory committee which includes (on a rotating basis or otherwise) practicing mathematicians and scientists and representatives from several of the appropriate science, mathematics, engineering, and technology departments of such institution. ``(d) Qualified Undergraduate Tuition.--For purposes of this section, the term `qualified undergraduate tuition' means qualified higher education expenses (as defined in section 529(e)(3)) for a qualified educational institution, reduced as provided in section 25A(g)(2) and by any credit allowed by section 25A with respect to such expenses. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 36. Tuition for undergraduate education of certain teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act; except that only periods of being an eligible teacher (as defined in section 36(c) of the Internal Revenue Code of 1986, as added by this section) after such date shall be taken into account under section 36(b)(2) of such Code, as so added. SEC. 4. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE, MATHEMATICS, ENGINEERING, AND TECHNOLOGY EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. (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. CONTRIBUTIONS BENEFITING SCIENCE, MATHEMATICS, ENGINEERING, AND TECHNOLOGY EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. ``(a) In General.--For purposes of section 38, the elementary and secondary science, mathematics, engineering, and technology (SMET) contributions credit determined under this section for the taxable year is an amount equal to 100 percent of the qualified SMET contributions of the taxpayer for such taxable year. ``(b) Qualified SMET Contributions.--For purposes of this section, the term `qualified SMET contributions' means-- ``(1) SMET school contributions, ``(2) SMET teacher externship expenses, and ``(3) SMET teacher training expenses. ``(c) SMET School Contributions.--For purposes of this section-- ``(1) In general.--The term `SMET school contributions' means-- ``(A) SMET property contributions, and ``(B) SMET service contributions. ``(2) SMET property contributions.--The term `SMET property contributions' means the amount which would (but for subsection (f)) be allowed as a deduction under section 170 for a charitable contribution of SMET inventory property if-- ``(A) the donee is an elementary or secondary school described in section 170(b)(1)(A)(ii), ``(B) substantially all of the use of the property by the donee is within the United States for educational purposes in any of the grades K-12 that are related to the purpose or function of the donee, ``(C) the original use of the property begins with the donee, ``(D) the property will fit productively into the donee's education plan, ``(E) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and ``(F) the donee's use and disposition of the property will be in accordance with the provisions of subparagraphs (B) and (E). The determination of the amount of deduction under section 170 for purposes of this paragraph shall be made as if the limitation under section 170(e)(3)(B) applied to all SMET inventory property. ``(3) SMET service contributions.--The term `SMET service contributions' means the amount paid or incurred during the taxable year for SMET services provided in the United States for the exclusive benefit of students at an elementary or secondary school described in section 170(b)(1)(A)(ii) but only if-- ``(A) the taxpayer is engaged in the trade or business of providing such services on a commercial basis, and ``(B) no charge is imposed for providing such services. ``(4) SMET inventory property.--The term `SMET inventory property' means, with respect to any contribution to a school, any property-- ``(A) which is described in paragraph (1) or (2) of section 1221(a) with respect to the donor, and ``(B) which is determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, mathematics, engineering, or technology. ``(5) SMET services.--The term `SMET services' means, with respect to any contribution to a school, any service determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, mathematics, engineering, or technology, including teaching courses of instruction at such school in any such area. ``(d) SMET Teacher Externship Expenses.--For purposes of this section-- ``(1) In general.--The term `SMET teacher externship expenses' means any amount paid or incurred to carry out a SMET externship program of the taxpayer but only to the extent that such amount is attributable to the participation in such program of any eligible SMET teacher, including amounts paid to such a teacher as a stipend while participating in such program. ``(2) SMET externship program.--The term `SMET externship program' means any program-- ``(A) established by a taxpayer engaged in a trade or business within an area of science, mathematics, engineering, or technology, and ``(B) under which eligible SMET teachers receive training to enhance their teaching skills in the areas of science, mathematics, engineering, or technology or otherwise improve their knowledge in such areas. ``(3) Eligible smet teacher.--The term `eligible SMET teacher' means any individual-- ``(A) who is a teacher in grades K-12 at an educational organization described in section 170(b)(1)(A)(ii) which is located in the United States or which is located on a United States military base outside the United States, and ``(B) whose teaching responsibilities at such school include, or are likely to include, any course in the areas of science, mathematics, engineering, or technology. ``(e) SMET Teacher Training Expenses.--The term `SMET teacher training expenses' means any amount paid or incurred by a taxpayer engaged in a trade or business within an area of science, mathematics, engineering, or technology which is attributable to the participation of any eligible SMET teacher in a regular training program provided to employees of the taxpayer which is determined by such teacher's school as enhancing such teacher's teaching skills in the areas of science, mathematics, engineering, or technology. ``(f) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount allowed as a credit under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (14), (B) by striking the period at the end of paragraph (15), and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(16) the elementary and secondary science, mathematics, engineering, and technology (SMET) contributions credit determined under section 45G.''. (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(11) No carryback of section 45g credit before enactment of credit.--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 a taxable year beginning before the date of the enactment of this paragraph.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Contributions benefiting science, mathematics, engineering, and technology education at the elementary and secondary school level.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. ASSURANCE OF CONTINUED LOCAL CONTROL. Nothing in this Act may be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system.

National Science Education Incentive Act of 2003 - Amends the Internal Revenue Code to: (1) permit an eligible science, engineering, math, or technology teacher a limited credit for undergraduate tuition; and (2) permit an elementary and secondary science, mathematics, engineering, and technology credit (SMET) credit for qualified contributions of property or service to qualified elementary and secondary schools.

To amend the Internal Revenue Code of 1986 to encourage stronger math and science programs at elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Access Protection Act of 2007''. SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES. (a) In General.--Section 1895(b)(3) of the Social Security Act (42 U.S.C. 1395fff(b)(3)) is amended-- (1) in subparagraph (B)(iv), by adding at the end the following: ``Such adjustment shall not be made with respect to home health services for payment in 2008 and in making such an adjustment with respect to home health services for payment in a subsequent year, the Secretary shall evaluate changes in case mix using standards developed by the Secretary consistent with the processes described in subparagraph (D)(i) and taking into account the criteria described in subparagraph (D)(ii).''; and (2) by adding at the end the following new subparagraph: ``(D) Processes and criteria for evaluating changes in case mix.--For purposes of subparagraph (B)(iv)-- ``(i) Processes.--The processes described in this clause are the following: ``(I) In developing standards referred to in such subparagraph, the Secretary shall convene a Technical Advisory Group consisting of stakeholders, including individuals and organizations representing the interests of Medicare beneficiaries, the National Association for Home Care & Hospice, and the Visiting Nurse Associations of America, health care academia, and health care professionals, in equal numbers from each and limited to parties without an existing contractual relationship with the Secretary, to advise the Secretary concerning the establishment of such standards in order to distinguish between real changes in case mix and changes in coding or classification of different units of services that do not reflect real changes in case mix. The Technical Advisory Group shall be given the opportunity to review and comment on any proposed rulemaking or final determination by the Secretary on such standards prior to such rulemaking or determination. ``(II) If the Secretary engages an outside contractor to participate in the evaluation of case mix changes described in subclause (I), the Secretary shall only utilize a contractor that has not previously participated in the design and establishment of the case mix adjustment factors under subparagraph (B). ``(III) If the Secretary determines that any increase in case mix relates to changes in the volume or nature of services provided to home health services patients, the Secretary shall evaluate that increase through actual review of claims and services and shall not use any proxy or surrogate for determining whether the change in volume or nature of services is reasonable and necessary. ``(IV) The Secretary shall establish the standards referred to in subclause (I) by regulation. ``(V) With respect to establishment of such standards, the Secretary shall make public all data, reports, and supporting materials, including any comments by the Technical Advisory Group pursuant to subclause (I), regarding the standards at the time of notice of such standards. ``(ii) Criteria.--The criteria described in this clause are the following: ``(I) The impact of changes in the program under this title that may affect the characteristics of individuals receiving home health services. ``(II) The impact of changes in the provision of health care services by providers of services other than home health agencies. ``(III) Distinctions in the characteristics of individuals initiating home health services from the community and institutional care settings. ``(IV) Whether any changes in coding resulted in a change in expenditures overall annually and disregarding changes in coding that do not have an overall expenditure impact. ``(V) Any other factors determined appropriate by the Secretary in consultation with the Technical Advisory Group under clause (i)(I).''. (b) Voiding of Proposed Case Mix Adjustment.--The Secretary of Health and Human Services shall not take any action to implement or otherwise carry out provisions contained in the final rule published on August 29, 2007, on pages 49762-49945 of volume 72 of the Federal Register, insofar as such provisions propose to make a case mix adjustment to the standardized payment amounts under the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff) to account for changes in coding that were not related to an underlying change in patient health status. The Secretary shall republish any rates specified in such rule to take into account the application of the previous sentence. The Secretary shall only institute an adjustment under subparagraph (B)(iv) of such section in compliance with subparagraph (D) of such section, as added by subsection (a)(2).

Home Health Care Access Protection Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes. Prohibits any adjustment in the PPS for payment in 2008. Requires the Secretary of Health and Human Services, for any adjustment in a subsequent year, to evaluate changes in case mix using standards developed consistent with specified processes, taking certain criteria into account. Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards. Prohibits the Secretary from taking any action to implement or otherwise carry out provisions in the final rule published on August 29, 2007, that propose to make a case mix adjustment to the standardized payment amounts under the PPS to account for changes in coding that were not related to an underlying change in patient health status. Directs the Secretary to republish any rates specified in such rule to take into account the application of such prohibition.

To amend title XVIII of the Social Security Act to protect Medicare beneficiaries' access to home health services under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Compliance and Affordability Act''. SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH FRAMEWORK. (a) In General.--In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator''), in coordination with appropriate State, local, and regional authorities, shall carry out a pilot program under which the Administrator shall work cooperatively with and facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet wastewater and stormwater obligations of the eligible municipalities under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective and flexible manner. (b) Framework.--The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency and dated May 2012. (c) Selection of Eligible Municipalities.-- (1) In general.--The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not less than 15 eligible municipalities to participate in the pilot program. (2) Eligible municipality.--An eligible municipality is a county, city, town, township, or subdivision of a State or local government that-- (A) qualifies as a National Pollutant Discharge Elimination System permit holder or designee; or (B) is a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (3) Selection factors.-- (A) In general.--In selecting the eligible municipalities to participate in the pilot program, the Administrator shall give priority to-- (i) eligible municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) eligible municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from wastewater and stormwater facilities of the eligible municipalities; and (iii) eligible municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. (B) Use of adaptive management approaches.--In selecting eligible municipalities to participate in the pilot program, the Administrator may give priority to an eligible municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances, including, at a minimum-- (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (d) Approval of Integrated Plans.-- (1) In general.--In approving the integrated plan of an eligible municipality under the pilot program established under subsection (a), the Administrator shall-- (A) account for the financial capability of the eligible municipality to adequately address the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) that apply to the eligible municipality; (B) prioritize the obligations of the eligible municipality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) according to the most cost-effective and environmentally beneficial outcomes; (C) account for the maintenance, operational, and regulatory obligations of the eligible municipality; and (D) enable the eligible municipality to implement innovative and flexible approaches to meet the obligations of the eligible municipality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (2) Additional authorities.--In carrying out the pilot program established under subsection (a), the Administrator may, in full coordination and mutual agreement with an eligible municipality selected to participate in the pilot program-- (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) to a maximum of 25 years, and make corresponding changes to any associated implementation schedule; (B) modify the implementation terms of a consent decree entered into by the eligible municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall submit to Congress a report on the results of the pilot program established under subsection (a), including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for-- (1) eligible municipalities participating in the pilot program; and (2) eligible municipalities that are similarly situated but not participating in the pilot program.

Clean Water Compliance and Affordability Act - Requires the Environmental Protection Agency (EPA) to carry out a pilot program to work with and facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by EPA in May 2012. Directs the EPA to select at least 15 municipalities to participate in the program. Sets forth eligibility and selection factors. Prescribes standards for approval of a municipality's integrated plan under the pilot program. Allows priority to be given to municipalities seeking to develop and implement approaches that adapt to changed or future uncertain circumstances. Authorizes the EPA to: (1) extend the allowable national pollutant discharge elimination system permit term to a maximum of 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.

Clean Water Compliance and Affordability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Petroleum Reserve Reform Act''. SEC. 2. USE OF UNDERUTILIZED STRATEGIC PETROLEUM RESERVE FACILITIES. Section 168 of the Energy Policy and Conservation Act (42 U.S.C. 6247a) is amended to read as follows: ``SEC. 168. USE OF UNDERUTILIZED FACILITIES. ``(a) Authority.--Notwithstanding any other provision of this title, the Secretary may establish and carry out a program to lease underutilized Strategic Petroleum Reserve storage facilities and related facilities to the private sector, or a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve. ``(b) Protection of Facilities.--Any lease entered into under the program established under subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States as a result of such lease. ``(c) Access by the United States.--The Secretary shall ensure that leasing of facilities under the program established under subsection (a) does not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program. ``(d) National Security.--The Secretary shall ensure that leasing of facilities under the program established under subsection (a) to a foreign government or its representative will not impair national security. ``(e) Deposits of Amounts Received.-- ``(1) In general.--Except as provided in paragraph (2), amounts received through the leasing of facilities under the program established under subsection (a) shall be deposited in the general fund of the Treasury during the fiscal year in which such amounts are received. ``(2) Costs.--The Secretary may use for costs described in subsection (b) (other than costs described in subsection (f)), without further appropriation, amounts received through the leasing of facilities under the program established under subsection (a). ``(f) Preparation of Facilities.--The Secretary shall only use amounts available in the Energy Security and Infrastructure Modernization Fund established by section 404 of the Bipartisan Budget Act of 2015 for costs described in subsection (b) of this section that relate to addition of facilities or changes to facilities or facility operations necessary to lease such facilities, including costs related to acquisition of land, acquisition of ancillary facilities and equipment, and site development, and other necessary costs related to capital improvement.''. 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.--In carrying out section 168 and not later than 180 days after the date of enactment of the Strategic Petroleum Reserve Reform Act, the Secretary shall establish and carry out a pilot program to make available for lease-- ``(1) capacity for storage of up to 200,000,000 barrels of petroleum products at Strategic Petroleum Reserve storage facilities; and ``(2) related facilities. ``(b) Contents.--In carrying out the pilot program established under subsection (a), the Secretary shall-- ``(1) identify appropriate Strategic Petroleum Reserve storage facilities and related facilities to lease, in order to make maximum use of such facilities; ``(2) identify and implement any changes to facilities or facility operations necessary to so lease such facilities, including any such changes necessary to ensure the long-term structural viability and use of the facilities for purposes of this part and part C; ``(3) make such facilities available for lease; and ``(4) identify environmental effects, including benefits, of leasing storage facilities and related facilities. ``(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 on the status of the pilot program established under subsection (a).''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act is amended by adding after the item relating to section 169 the following: ``Sec. 170. Pilot program to lease storage and related facilities.''. Passed the House of Representatives September 25, 2018. Attest: KAREN L. HAAS, Clerk.

Strategic Petroleum Reserve Reform Act (Sec.2)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. (Sec.3)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 ``Girls Count Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2013 international figures, 1 person in 12, or close to 900,000,000 people, is a girl or young woman age 10 through 24. (2) The Census Bureau's data also illustrates that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries do have birth registration laws, four out of ten babies born in 2012 were not registered worldwide. Moreover, an estimated 36 percent of children under the age of five worldwide (about 230,000,000 children) do not possess a birth certificate. (4) A nationally recognized proof of birth system is important to determining a child's citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, driver's license, or other identification card is difficult to obtain. The lack of such documentation can prevent girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) The lack of birth registration among girls worldwide is particularly concerning as it can exacerbate the disproportionate vulnerability of women to trafficking, child marriage, and lack of access to health and education services. (6) A lack of birth registration among women and girls can also aggravate what, in many places, amounts to an already reduced ability to seek employment, participate in civil society, or purchase or inherit land and other assets. (7) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (8) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs are difficult to gauge. (9) To help ensure that women and girls are considered in United States foreign assistance policies and programs, that their needs are addressed in the design, implementation, and evaluation of foreign assistance programs, and that women and girls have the opportunity to succeed, it is important that girls be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to support the rule of law and ensure girls and boys of all ages are able to fully participate in society, including by providing birth certifications and other official documentation; (2) enhance training and capacity-building in key developing countries, local nongovernmental organizations, and other civil society organizations, including faith-based organizations and organizations representing children and families in the design, implementation, and monitoring of programs under this Act, to effectively address the needs of birth registries in countries where girls are systematically undercounted; and (3) incorporate into the design, implementation, and evaluation of policies and programs measures to evaluate the impact that such policies and programs have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to prioritize and advance ongoing efforts to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration; (2) support programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining access to birth certificates, particularly where this may help prevent exploitation, violence, and other abuse; and (3) support programs and key ministries, including, interior, youth, and education ministries, to help increase property rights, social security, home ownership, land tenure security, inheritance rights, access to education, and economic and entrepreneurial opportunities, particularly for women and girls. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to encourage and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration programs to ensure girls are appropriately counted and have the opportunity to be active participants in the social, legal, and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with the United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries, in order to help prevent exploitation, violence, and other abuses and to help provide economic and social opportunities. SEC. 5. REPORT. The Secretary and the Administrator shall include in relevant evaluations and reports to Congress the following information: (1) To the extent practicable, a breakdown of United States foreign assistance beneficiaries by age, gender, marital status, location, and school enrollment status. (2) A description, as appropriate, of how United States foreign assistance benefits girls. (3) Specific information, as appropriate, on programs that address the particular needs of girls. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Foreign assistance.--The term ``foreign assistance'' has the meaning given the term in section 634(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 7. SUNSET. This Act shall expire on the date that is five years after the date of the enactment of this Act. 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 reported to the Senate on May 21, 2015. Girls Count Act of 2015 (Sec. 3) This bill states that it is U.S. policy to: encourage countries to support the rule of law and ensure girls and boys of all ages are able to fully participate in society, including by providing birth certifications and other official documentation; enhance training and capacity-building in key developing countries, local nongovernmental organizations, and other civil society organizations in the design, implementation, and monitoring of programs to address the needs of birth registries in countries where girls are systematically under counted; and incorporate into the design, implementation, and evaluation of policies and programs measures to evaluate the impact on girls of such policies and programs. (Sec. 4) Authorizes the Secretary and the Administrator of the U.S. Agency for International Development to support: programs that contribute to improved civil registration and vital statistics systems with a focus on birth registration; programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining access to birth certificates; and programs and key ministries to increase property rights, social security, home ownership, land tenure security, inheritance rights, access to education, and economic and entrepreneurial opportunities, particularly for women and girls. Authorizes the Secretary and the Administrator to coordinate with multilateral organizations and private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries. (Sec. 5) Directs the Secretary and the Administrator to include in relevant evaluations and reports to Congress the following information: a breakdown of U.S. foreign assistance beneficiaries by age, gender, marital status, location, and school enrollment status; a description of how U.S. foreign assistance benefits girls; and specific information on programs that address the particular needs of girls.

Girls Count Act of 2015

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Small Business Jobs Tax Extenders Act of 2011''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Findings. TITLE I--EXTENSION OF SMALL BUSINESS TAX RELIEF Sec. 101. Extension of temporary exclusion of 100 percent of gain on certain small business stock. Sec. 102. Extension of 5-year carryback of general business credits of eligible small businesses. Sec. 103. Extension of alternative minimum tax rules for general business credits of eligible small businesses. Sec. 104. Extension of temporary reduction in recognition period for built-in gains tax. Sec. 105. Extension of increased expensing limitations and treatment of certain real property as section 179 property. Sec. 106. Extension of bonus depreciation. Sec. 107. Extension of special rule for long-term contract accounting. Sec. 108. Extension of increased amount allowed as a deduction for start-up expenditures. Sec. 109. Extension of allowance of deduction for health insurance in computing self-employment taxes. TITLE II--OFFSETTING PROVISIONS Sec. 201. Expansion of affordability exception to individual mandate. SEC. 2. FINDINGS. Congress makes the following findings: (1) A vibrant and growing small business sector is critical to the recovery of the economy of the United States. (2) Small businesses represent 99.7 percent of all employer firms and generate approximately two-thirds of net new jobs. (3) Broadening the tax base and lowering statutory rates through comprehensive tax reform is preferable to short term tax rate extensions. (4) There is no consensus on Congressional passage and implementation of such reform at this time; it is therefore critical that tax relief for small businesses promulgated in the Small Business Jobs Act of 2010 be extended. TITLE I--EXTENSION OF SMALL BUSINESS TAX RELIEF SEC. 101. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Paragraph (4) of section 1202(a) is amended-- (1) by striking ``January 1, 2012'' and inserting ``January 1, 2013'', and (2) by striking ``and 2011'' and inserting ``2011, and 2012'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2011. SEC. 102. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES. (a) In General.--Subparagraph (A) of section 39(a)(4) is amended by ``or 2011'' after ``2010''. (b) Effective Date.--The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2010. SEC. 103. EXTENSION OF ALTERNATIVE MINIMUM TAX RULES FOR GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES. (a) In General.--Subparagraph (A) of section 38(c)(5) is amended by ``or 2011'' after ``2010''. (b) Effective Date.--The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2010, and to carrybacks of such credits. SEC. 104. EXTENSION OF TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX. (a) In General.--Clause (ii) of section 1374(d)(7)(B) is amended by inserting ``or 2012,'' after ``2011''. (b) Conforming Amendment.--The heading for section 1372(d)(7)(B) is amended by striking ``and 2011'' and inserting ``2011, and 2012''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. (a) In General.--Section 179(b) is amended-- (1) by striking ``2010 or 2011'' each place it appears in paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or 2012'', (2) by striking ``2012'' each place it appears in paragraph (1)(C) and (2)(C) and inserting ``2013'', and (3) by striking ``2012'' each place it appears in paragraph (1)(D) and (2)(D) and inserting ``2013''. (b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) is amended by striking ``2012'' and inserting ``2013''. (c) Computer Software.--Section 179(d)(2)(A)(ii) is amended by striking ``2013'' and inserting ``2014''. (d) Election.--Section 179(c)(2) is amended by striking ``2013'' and inserting ``2014''. (e) Special Rules for Treatment of Qualified Real Property.-- Section 179(f)(1) is amended by striking ``2010 or 2011'' and inserting ``2010, 2011, or 2012''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 106. EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) is amended-- (1) by striking ``January 1, 2014'' in subparagraph (A)(iv) and inserting ``January 1, 2015'', and (2) by striking ``January 1, 2013'' each place it appears and inserting ``January 1, 2014''. (b) 100 Percent Expensing.--Paragraph (5) of section 168(k) is amended-- (1) by striking ``January 1, 2013'' and inserting ``January 1, 2014'', and (2) by striking ``January 1, 2012'' each place it appears and inserting ``January 1, 2013''. (c) Extension of Election To Accelerate the AMT Credit in Lieu of Bonus Depreciation.-- (1) In general.--Subclause (II) of section 168(k)(4)(D)(iii) is amended by striking ``2013'' and inserting ``2014''. (2) Round 3 extension property.--Paragraph (4) of section 168(k) is amended by adding at the end the following new subparagraph: ``(J) Special rules for round 3 extension property.-- ``(i) In general.--In the case of round 3 extension property, this paragraph shall be applied without regard to-- ``(I) the limitation described in subparagraph (B)(i) thereof, and ``(II) the business credit increase amount under subparagraph (E)(iii) thereof. ``(ii) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, a taxpayer who made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, or a taxpayer who made the election under subparagraph (I)(iii) for its first taxable year ending after December 31, 2010-- ``(I) the taxpayer may elect not to have this paragraph apply to round 3 extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is round 3 extension property. The amounts described in subclause (II) shall be computed separately from any amounts computed with respect to eligible qualified property which is not round 2 extension property. ``(iii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who neither made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, nor made the election under subparagraph (I)(iii) for its first taxable year ending after December 31, 2010-- ``(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2011, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is round 3 extension property. ``(iv) Round 3 extension property.--For purposes of this subparagraph, the term `round 3 extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 7(a) of the Small Business Jobs Tax Extenders Act of 2011 (and the application of such extension to this paragraph pursuant to the amendment made by section 7(c)(1) of such Act).''. (d) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (2) The heading for clause (ii) of section 168(k)(2)(B) is amended by striking ``pre-january 1, 2013'' and inserting ``pre-january 1, 2014''. (3) Paragraph (5) of section 168(l) is amended-- (A) by striking ``and'' at the end of subparagraph (A), (B) by redesignating subparagraph (C) as subparagraph (B), and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) by substituting `January 1, 2013' for `January 1, 2014' in clause (i) thereof, and''. (4) Subparagraph (C) of section 168(n)(2) is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (5) Subparagraph (D) of section 1400L(b)(2) is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (6) Subparagraph (B) of section 1400N(d)(3) is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (e) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2011, in taxable years ending after such date. SEC. 107. EXTENSION OF SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING. (a) In General.--Clause (ii) of section 460(c)(6)(B) is amended by striking ``January 1, 2011 (January 1, 2012'' and inserting ``January 1, 2012 (January 1, 2013''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2010. SEC. 108. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Paragraph (3) of section 195(b) is amended-- (1) by inserting ``or 2011'' after ``2010'', and (2) by inserting ``and 2011'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 109. EXTENSION OF ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN COMPUTING SELF-EMPLOYMENT TAXES. (a) In General.--Paragraph (4) of section 162(l) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. TITLE II--OFFSETTING PROVISIONS SEC. 201. EXPANSION OF AFFORDABILITY EXCEPTION TO INDIVIDUAL MANDATE. Section 5000A(e)(1) is amended by striking ``8 percent'' each place it appears and inserting ``5 percent''.

Small Business Jobs Tax Extenders Act of 2011 - Amends the Internal Revenue Code to extend for one year certain tax expenditures for small businesses, including: (1) the 100% exclusion from gross income of gain from the sale or exchange of qualified small business stock, (2) the five-year carryback of tax credit amounts of eligible small businesses, (3) increased expensing and accelerated depreciation allowances, (4) the increased tax deduction for business start-up expenses, and (5) the tax deduction allowed for the health insurance costs of self-employed individuals. Exempts from the requirement to purchase health insurance under the Patient Protection and Affordable Care Act an indivdual whose required contribution (determined on an annual basis) for coverage for a month exceeds 5% (currently 8%) of such individual's household income for the taxable year.

A bill to amend the Internal Revenue Code of 1986 to extend certain provisions of the Creating Small Business Jobs Act of 2010, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Working Families Child Care Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Authorization of appropriations for child care for low-income working families and for child care supply shortages. Sec. 4. Expenditures for child care service for low-income working families and for child care supply shortages. Sec. 5. Report on access to child care by low-income working families. SEC. 2. FINDINGS. Congress makes the following findings: (1) Availability and affordability of quality child care is a major obstacle for working parents who struggle to remain self-sufficient. (A) Compared to all other income groups, the working poor are the least likely to receive assistance with their child care costs. (B) Low-income families spend 24 percent of their household income on child care, whereas middle-income families spend 6 percent of their household income on child care. (C) 38 States have waiting lists for child care for the working poor. Among those States, Georgia has 41,000 individuals on its waiting list, Texas has 36,000 individuals on its waiting list, and Illinois and Alabama each have 20,000 individuals on their waiting lists. (D) One survey of low-income families on a waiting list for subsidized child care found that of those families paying for child care out of their own funds, 71 percent faced serious debt or bankruptcy. (E) Half of the States and the District of Columbia, even before the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105) during the 104th Congress, increased the proportion of child care slots or dollars going to families on welfare, rather than to working poor families. (2) The Congressional Budget Office estimates that there will be $1,400,000,000 less expenditures of child care funds for working poor families as a result of the States implementing the work requirements imposed under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105). (3) Important types of child care are not available in certain States including infant care, school-age care, care for children with disabilities and special health care needs, and child care for parents with unconventional or shifting work hours. (A) A 1995 State study by the Comptroller General of the United States found a shortage of child care for infants and children with special needs in inner cities, and a shortage of all types of child care in rural areas. (B) Only one-third of the schools in low-income neighborhoods offer school-age child care, compared with 52 percent of schools in more affluent areas offering such care. (C) Eighth-graders who are left home alone for 11 or more hours a week report significantly greater use of cigarettes, alcohol, and marijuana than eighth- graders who are not left home alone. (D) Existing child care arrangements do not accommodate the work schedules of many working women. According to a 1995 statistic published by the Department of Labor, 14,300,000 workers, nearly 1 in 5 full-time workers work nonstandard hours, and more than 1 in 3 of those workers are women. (E) Only 10 percent of child care centers and 6 percent of family day care providers offer child care on weekends. Yet one-third of working mothers with annual incomes below the poverty level and one-quarter of mothers with annual incomes above the poverty level but below $25,000 work on weekends. (F) Less than 30 percent of Head Start programs operate on a full-time, full-year basis. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR CHILD CARE FOR LOW-INCOME WORKING FAMILIES AND FOR CHILD CARE SUPPLY SHORTAGES. Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(excluding subparagraphs (E) and (F) of section 658E(c)(3))'' after ``subchapter'', (2) by inserting ``(a)'' before ``There'', and (3) and by adding at the end the following: ``(b) There is authorized to be appropriated to provide child care services under this chapter to satisfy the requirement specified in section 658E(c)(3)(E) $1,400,000,000 for each of the fiscal years 1997 through 2002. ``(c) There is authorized to be appropriated to carry out child care activities under this chapter to satisfy the requirement specified in section 658E(c)(3)(F) $500,000,000 for each of the fiscal years 1997 through 2002.''. SEC. 4. EXPENDITURES FOR CHILD SERVICES CARE FOR LOW-INCOME WORKING FAMILIES AND FOR CHILD CARE SUPPLY SHORTAGES. (a) Required State Expenditures.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care for certain low-income working families.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(b) with respect to each of the fiscal years 1997 through 2002 shall be used to provide child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section subparagraph (D). ``(F) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(c) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of prekindergarten programs to provide full-day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (c) Conforming Amendment.--Section 658E(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(F)''. SEC. 5. REPORT ON ACCESS TO CHILD CARE BY LOW-INCOME WORKING FAMILIES. (a) State Reporting Requirement.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (b) Secretarial Reporting Requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''.

Working Families Child Care Act of 1997 - Amends the Child Care Development Block Grant Act of 1990 to authorize appropriations for grants to States for child care for: (1) low-income working families; and (2) areas with child care shortages. Requires States to use certain of such funds to provide child care services for: (1) families who have left the State program of assistance under title IV part A (Temporary Assistance for Needy Families (TANF)) of the Social Security Act because of employment; (2) families that are at risk of becoming dependent on such assistance program; and (3) low-income working families meeting specified criteria. Requires States to use certain of such funds for child care activities in areas of the State that have child care supply shortages. Includes among such child care activities programs for: (1) infant care; (2) before- and after-school; (3) resources and referrals; (4) nontraditional work hours; (5) extending the hours of pre-kindergarten programs to provide full-day services; and (6) any other program the Secretary deems appropriate. Requires State reports to include information on access to child care by low-income working families. Requires reports of the Secretary to place particular emphasis on such access.

Working Families Child Care Act of 1997

SECTION 1. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS. (a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (i), by adding ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) qualified fuel cell property,''. (b) Qualified Fuel Cell Property.--Section 48 of such Code (relating to energy credit) is amended by adding at the end the following new subsection: ``(c) Qualified Fuel Cell Property.--For purposes of subsection (a)(3)(A)(iii)-- ``(1) In general.--The term `qualified fuel cell property' means a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process. ``(2) Limitation.--The energy credit with respect to any qualified fuel cell property shall not exceed an amount equal to $500 for each 0.5 kilowatt of capacity of such property. ``(3) Fuel cell power plant.--The term `fuel cell power plant' means an integrated system, comprised of a fuel cell stack assembly and associated balance of plant components, which converts a fuel into electricity using electrochemical means. ``(4) Termination.--The term `qualified fuel cell property' shall not include any property placed in service after December 31, 2009.''. (c) Energy Percentage.--Subparagraph (A) of section 48(a)(2) of such Code (relating to energy percentage) is amended to read as follows: ``(A) In general.--The energy percentage is-- ``(i) in the case of qualified fuel cell property, 30 percent, and ``(ii) in the case of any other energy property, 10 percent.''. (d) Conforming Amendment.--Section 48(a)(1) of such Code is amended by inserting ``except as provided in subsection (c)(2),'' before ``the energy''. (e) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 2. CREDIT FOR NONBUSINESS INSTALLATION OF QUALIFIED FUEL CELLS. (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 25B the following new section: ``SEC. 25C. NONBUSINESS INSTALLATION OF QUALIFIED FUEL CELLS. ``(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 sum of 30 percent of the qualified fuel cell property expenditures made by the taxpayer during such year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $500 for each 0.5 kilowatt of capacity of qualified fuel cell property. ``(2) Property standards.--No credit shall be allowed under this section for an item of property unless-- ``(A) the original use of such property commences with the taxpayer, ``(B) such property reasonably can be expected to remain in use for at least 5 years, ``(C) such property is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, ``(D) such property meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and ``(E) such property meets appropriate fire and electric code requirements. ``(c) Qualified Fuel Cell Property Expenditure.--For purposes of this section, the term `qualified fuel cell property expenditure' means an expenditure for any qualified fuel cell property (as defined in section 48(c)(1)). ``(d) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(6) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(f) Termination.--The credit allowed under this section shall not apply to taxable years beginning after December 31, 2009.''. (b) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 25C(e), in the case of amounts with respect to which a credit has been allowed under section 25C.''. (2) 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 25B the following new item: ``Sec. 25C. Nonbusiness installation of qualified fuel cells.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004.

Amends the Internal Revenue Code to allow a tax credit for qualified fuel cell property. Limits the amount of such credit to 30 percent (10 percent for other energy property) of the basis of such fuel cell property up to a maximum of $500 for each 0.5 kilowatt of capacity of such property. Defines "qualified fuel cell property" as a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process. Allows a similar tax credit for the installation of qualified fuel cell property in a principal residence. Terminates both tax credits after December 31, 2009.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the University of Alaska is the successor to and the beneficiary of all Federal grants and conveyances to or for the Alaska Agricultural College and School of Mines; (2) under the Acts of March 4, 1915, 38 Stat. 1214, and January 21, 1929, 45 Stat. 1091, the United States granted to the Territory of Alaska certain Federal lands for the University of Alaska; (3) the Territory did not receive most of the land intended to be conveyed by the Act of March 4, 1915, before repeal of that Act by section 6(k) of the Alaska Statehood Act (Public Law 85-508, 72 Stat. 339); (4) only one other State land grant college in the United States has obtained a smaller land grant from the Federal Government than has the University of Alaska, and all land grant colleges in the western States of the United States have obtained substantially larger land grants than has the University of Alaska; (5) an academically strong and financially secure state university system is a cornerstone to the long-term development of a stable population and to a healthy, diverse economy and is in the national interest; (6) the Federal Government now desires to acquire certain lands for addendum to various conservation units; (7) the national interest is served by transferring certain Federal lands to the University of Alaska which will be able to use and develop the resources of such lands and by returning certain lands held by the University of Alaska located within certain Federal conservation system units to Federal ownership; and (8) the University of Alaska holds valid legal title to and is responsible for management of lands transferred by the United States to the Territory and State of Alaska for the University and an exchange of lands for lands that are capable of producing revenues to support the education objectives of the original grants is consistent with and in furtherance of the purposes and terms of, and thus not in violation of, the Federal grant of such lands. (b) Purposes.--The purposes of this Act are-- (1) to fulfill the original commitment of Congress to establish the University of Alaska as a land grant university with holdings sufficient to facilitate operation and maintenance of a university system for the inhabitants of the State of Alaska; and (2) to acquire from the University of Alaska lands it holds within Federal parks, wildlife refuges, and wilderness areas to further the purposes for which those areas were established. SEC. 2. LAND GRANT. (a) Notwithstanding any other provision of law and subject to valid existing rights, the University of Alaska (``University'') is entitled to select up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska as a land grant. The Secretary of the Interior (``Secretary'') shall promptly convey to the University the Federal lands selected and approved in accordance with the provisions of this Act. (b)(1) Within forty-eight (48) months of the enactment of this Act, the University of Alaska may submit to the Secretary a description of lands or interests in lands for conveyance. The initial selection may be less than or exceed 250,000 acres and the University may add or delete lands or interests in lands, or until 250,000 patented acres have been conveyed pursuant to this Act, except that the total of land selected and conveyed shall not exceed 275,000 areas at any time. (2) The University may select lands validly selected but not conveyed to the State of Alaska or to a Native Corporation organized pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), except that these lands or interests in lands may not be approved or convey to the University unless the State of Alaska or the Native Corporation relinquishes its selection in writing. (3) The University may not make selections within a conservation system unit, as defined in the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101), or in the Tongass National Forest except within lands classified as LUD III or LUD IV by the United States Forest Service and limited to areas of second growth timber where timber harvest occurred after January 1, 1952. (4) The University may make selections within the National Petroleum Reserve--Alaska (``NPRA''), except that-- (A) no selection may be made within an area withdrawn for village selection pursuant to section 11(a) of the Alaska Native Claims Settlement Act for the Native villages of Atkasook, Barrow, Nuiqsit and Wainwright; (B) no selection may be made in the Teshekpuk Lake Special Management Area as depicted on a map that is included in the final environmental impact statement for the Northeast NPRA dated October 7, 1998; and (C) No selections may be made within those portions of NPRA north of latitude 69 degrees North in excess of 92,000 acres and no selection may be made within such area during the two year period extending from the date of enactment of this Act. The Secretary shall attempt to conclude an agreement with the University of Alaska and the State of Alaska providing for sharing NPRA leasing revenues within the two year period. If the Secretary concludes such an agreement, the Secretary shall transmit it to the Congress, and no selection may be made within such area during the three year period extending from the date of enactment of this Act. If legislation has not been enacted within three years of the date of enactment of this Act approving the agreement, the University of Alaska may make selections within such area. An agreement shall provide for the University of Alaska to receive a portion of annual revenues from mineral leases within NPRA in lieu of any lands selections within NPRA north of latitude 69 degrees North, but not to exceed ten percent of such revenues or $9 million annually, whichever is less. (5) Within forty-five (45) days of receipt of a selection, the Secretary shall publish notice of the selection in the Federal Register. The notice shall identify the lands or interest in lands included in the selection and provide for a period for public comment not to exceed sixty (60) days. (6) Within six months of the receipt of such a selection, the Secretary shall accept or reject the selection and shall promptly notify the University of his decision, including the reasons for any rejection. A selection that is not rejected within six months of notification to the Secretary is deemed approved. (7) The Secretary may reject a selection if the Secretary finds that the selection would have a significant adverse impact on the ability of the Secretary to comply with the land entitlement provisions of the Alaska Statehood Act or the Alaska Native Claims Settlement Act (43 U.S.C. 1601) or if the Secretary finds that the selection would have a direct, significant and irreversible adverse effect on a conservation system unit as defined in the Alaska National Interest Conservation Act. (8) The Secretary shall promptly publish notice of an acceptance or rejection of a selection in the Federal Register. (9) An action taken pursuant to this Act is not a major Federal action within the meaning of section 102(2)(C) of Public Law 91-190 (83 Stat. 852, 853). (c) The University may not select Federal lands or interests in lands reserved for military purposes or reserved for the administration of a Federal agency, unless the Secretary of Defense or the head of the affected agency agrees to relinquish the lands or interest in lands. (d) The University may select additional lands or interest in lands to replace lands rejected by the Secretary. (e) Lands or interests in lands shall be segregated and unavailable for selection by and conveyance to the State of Alaska or a Native Corporation and shall not be otherwise encumbered or disposed of by the United States pending completion of the selection process. (f) The University may enter selected lands on a non-exclusive basis to assess the oil, gas, mineral and other resource potential therein and to exercise due diligence regarding making a final selection. The University, and its delegates or agents, shall be permitted to engage in assessment techniques including, but not limited to, core drilling to assess the metalliferous or other values, and surface geological exploration and seismic exploration for oil and gas, except that exploratory drilling of oil and gas wells shall not be permitted. (g) Within one year of the Secretary's approval of a selection, the University may make a final decision whether to accept these lands or interests in lands and shall notify the Secretary of its decision. The Secretary shall publish notice of any such acceptance or rejection in the Federal Register within six months. If the University has decided to accept the selection, effective on the date that the notice of such acceptance is published, all right, title, and interest of the United States in the described selection shall vest in the University. (h) Lakes, rivers and streams contained within final selections shall be meandered and lands submerged thereunder shall be conveyed in accordance with section 901 of the Alaska National Interest Lands Conservation Act (94 Stat. 2371, 2430; 43 U.S.C. 1631). (i) Upon completion of a survey of lands or interest in lands subject to an interim approval, the Secretary shall promptly issue patent to such lands or interests in lands. (j) The Secretary of Agriculture and the heads of other Federal departments and agencies shall promptly take such actions as may be necessary to assist the Secretary in implementing this Act. SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF ALASKA HOLDINGS. (a) As a condition to any grant provided by section 2 of this Act, the University shall begin to convey to the Secretary those lands listed in ``The University of Alaska's Inholding Reconveyance Document'' and dated November 13, 2001. (b) The University shall begin conveyance of the lands described in section 3(a) of this Act upon approval of selected lands and shall convey to the Secretary a percentage of these lands approximately equal to that percentage of the total grant represented by the approval. The University shall not be required to convey to the Secretary any lands other than those referred to in section 3(a) of this Act. The Secretary shall accept quitclaim deeds from the University for these lands. SEC. 4. JUDICIAL REVIEW. The University of Alaska may bring an appropriate action, including an action in the nature of mandamus, against the Department of the Interior, naming the Secretary, for violation of this Act or for review of a final agency decision taken under this Act. An action pursuant to this section may be filed in the United States District Court for the District of Alaska within two (2) years of the alleged violation or final agency decision and such court shall have exclusive jurisdiction over any such suit. SEC. 5. STATE MATCHING GRANT. (a) Notwithstanding any other provision of law and subject to valid existing rights, within forty-eight (48) months of receiving evidence of ownership from the State, the University may, in addition to the grant made available in section 2 of this Act, select up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska to be conveyed on an acre-for-acre basis as a matching grant for any lands received from the State of Alaska after February 1, 2005. (b) Selections of lands or interests in lands pursuant to this section shall be in parcels of 25,000 acres or greater. (c) Grants made pursuant to this section shall be separately subject to the terms and conditions applicable to grants made under section 2 of this Act.

Entitles the University of Alaska to select up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska as a land grant and directs the Secretary of the Interior to convey to the University the Federal lands selected and approved in accordance with this Act. Sets forth requirements regarding permissible and impermissible selections. Requires as a condition of the grant that the University relinquish to the Secretary certain land holdings. Allows the University, after receiving evidence of ownership from the State, to additionally select up to 250,000 acres of Federal lands or interests in or adjacent to Alaska to be conveyed as a matching grant for any lands received from the State after February 1, 2005.

A bill to provide for the continuation of higher education through the conveyance of certain public lands in the State of Alaska to the University of Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Awareness Act of 1999''. SEC. 2. GRANTS FOR CERTAIN ACTIVITIES TOWARD PROMOTING ADOPTION COUNSELING. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following section: ``SEC. 330D. CERTAIN SERVICES FOR PREGNANT WOMEN. ``(a) Adoption Counseling.-- ``(1) In general.--The Secretary shall make grants to national adoption organizations for the purpose of developing and implementing programs to train the staff of eligible health centers in providing adoption counseling to pregnant women and infertile married couples. With respect to such a grant-- ``(A) a national adoption organization may expend the grant to carry out the programs directly or through grants to or contracts with other adoption organizations; ``(B) the purposes for which the national adoption organization expends the grant may include the development of a training curriculum; and ``(C) a condition for the receipt of the grant is that, with respect to an eligible health center for which such training is to be provided, the national adoption organization agree to make reasonable efforts-- ``(i) to provide such training at the center or at a site that is near the center; and ``(ii) to provide the training through individuals who are experienced in providing adoption counseling in the geographic area in which the center is located. ``(2) Adoption organizations; eligible health centers; other definitions.--For purposes of this section: ``(A) The term `adoption organization' means an organization-- ``(i) whose primary purpose is the promotion of adoption; ``(ii) that is knowledgeable on the process for adopting a child and on providing adoption counseling to pregnant women; and ``(iii) that is a nonprofit private entity. ``(B) The term `eligible health centers' means public and nonprofit private entities that provide health-related services to pregnant women. ``(C) The term `married couples' means couples who have entered into marriage as defined in section 7 of title 1, United States Code. ``(3) Training for certain eligible health centers.--A condition for the receipt of a grant under paragraph (1) is that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include-- ``(A) eligible health centers that receive grants under section 1001 (relating to voluntary family planning projects); ``(B) eligible health centers that receive grants under section 330 (relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing); ``(C) eligible health centers that receive grants under this Act for the provision of services in schools; and ``(D) eligible health centers that do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. ``(4) Participation of certain eligible health clinics.--In the case of eligible health centers that receive grants under section 330 or 1001, the Secretary shall provide for the training of the staff of such centers through the program under paragraph (1), subject to subsection (c)(4). ``(b) Requirements Regarding Federally Funded Family Planning Services.--The Secretary shall require that each program providing voluntary family planning services with a grant from the Secretary provide nondirective counseling and referrals regarding-- ``(1) prenatal care and delivery; ``(2) infant care; ``(3) foster care; and ``(4) adoption. ``(c) Religious Organizations.-- ``(1) In general.--Religious organizations may receive grants under subsection (a) on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program. ``(2) Nondiscrimination against religious organizations.-- Religious organizations are eligible for grants under subsection (a) on the same basis as any other nonprofit private entity as long as the programs are implemented consistent with the Establishment Clause of the United States Constitution. The Federal Government shall not discriminate against an organization that applies to receive such a grant on the basis that the organization has a religious character. ``(3) Religious character and freedom.-- ``(A) Religious organizations.--A religious organization receiving a grant under subsection (a) shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(B) Additional safeguards.--The Federal Government shall not require a religious organization receiving a grant under subsection (a)-- ``(i) to alter its form of internal governance; or ``(ii) to remove religious art, icons, scripture, or other symbols; in order to be eligible for a grant under subsection (a). ``(4) Rights of beneficiaries of assistance.-- ``(A) In general.--If an individual described in subparagraph (B) has an objection to the religious character of the organization from which the individual receives services pursuant to a grant under subsection (a), the organization shall provide such individual, within a reasonable period of time after the date of such objection, with services from an alternative provider that is accessible to the individual and the value of which is not less than the value of the services that the individual would have received from such organization. ``(B) Individual described.--An individual described in this subparagraph is an individual who receives, applies for, or requests to apply for, services under a program carried out with a grant under subsection (a). ``(5) Employment practices.--A religious organization's exemption provided under section 702 of the Civil Rights Act of 1964 regarding employment practices shall not be affected by its participation in, or receipt of funds from, a program carried out with a grant under subsection (a). ``(6) Nondiscrimination against beneficiaries.--Except as otherwise provided in law, a religious organization shall not discriminate against an individual in regard to providing services under a grant under subsection (a) on the basis of religion, a religious belief, or refusal to actively participate in a religious practice. ``(7) Fiscal accountability.-- ``(A) In general.--Except as provided in subparagraph (B), any religious organization receiving a grant under subsection (a) shall be subject to the same regulations as other grantees under such subsection to account in accord with generally accepted auditing principles for the expenditure of the grant. ``(B) Limited audit.--If a religious organization receiving a grant under subsection (a) segregates the grant funds into separate accounts, then only such funds shall be subject to audit. ``(8) Compliance.--Any party which seeks to enforce its rights under this subsection may assert a civil action for injunctive relief exclusively in an appropriate State court against the entity or agency that allegedly commits such violation. ``(9) Preemption.--Nothing in this subsection shall be construed to preempt any provision of a State constitution or State statute that prohibits or restricts the expenditure of State funds in or by religious organizations. ``(10) Limitations on use of funds for certain purposes.--A grant under subsection (a) may not be expended for sectarian worship, instruction, or proselytization. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004.''.

Excludes from such program eligible health centers that perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. Directs the Secretary to require programs providing voluntary family planning services with such a grant to provide nondirective counseling and referrals regarding prenatal care and delivery, infant care, foster care, and adoption. Makes religious organizations eligible for such grants without discrimination and mandates their independence from Federal, State, and local governments, providing certain safeguards to ensure such independence. Provides the beneficiaries of assistance from religious organizations with certain rights, including the right not to be discriminated against by the religious organization. Authorizes appropriations.

Adoption Awareness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifespan Respite Care Act of 2003''. SEC. 2. LIFESPAN RESPITE CARE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--LIFESPAN RESPITE CARE ``SEC. 2901. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill; ``(2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally; ``(3) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families; ``(4) almost 25 percent of the Nation's elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; ``(5) every year, approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their death; ``(6) of all individuals in the United States needing assistance in daily living, 42 percent are under age 65; ``(7) there are insufficient resources to replace family caregivers with paid workers; ``(8) if services provided by family caregivers had to be replaced with paid services, it would cost approximately $200,000,000,000 annually; ``(9) the family caregiver role is personally rewarding but can result in substantial emotional, physical, and financial hardship; ``(10) approximately 75 percent of family caregivers are women; ``(11) family caregivers often do not know where to find information about available respite care or how to access it; ``(12) available respite care programs are insufficient to meet the need and are directed at primarily lower income populations and family caregivers of the elderly, leaving large numbers of family caregivers without adequate support; and ``(13) the limited number of available respite care programs find it difficult to recruit appropriately trained respite workers. ``(b) Purposes.--The purposes of this title are-- ``(1) to encourage States to establish State and local lifespan respite care programs; ``(2) to improve and coordinate the dissemination of respite care information and resources to family caregivers; ``(3) to provide, supplement, or improve respite care services to family caregivers; ``(4) to promote innovative, flexible, and comprehensive approaches to-- ``(A) the delivery of respite care; ``(B) respite care worker and volunteer recruitment and training programs; and ``(C) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; ``(5) to support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving; and ``(6) to promote the dissemination of results, findings, and information from programs and research projects relating to respite care delivery, family caregiver strain, respite care worker and volunteer recruitment and training, and training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services. ``SEC. 2902. DEFINITIONS. ``In this title: ``(1) Eligible recipient.--The term `eligible recipient' means-- ``(A) a State agency; ``(B) any other public entity that is capable of operating on a statewide basis; ``(C) a private, nonprofit organization that is capable of operating on a statewide basis; ``(D) a political subdivision of a State that has a population of not less than 3,000,000 individuals; or ``(E) any recognized State respite coordinating agency that has-- ``(i) a demonstrated ability to work with other State and community-based agencies; ``(ii) an understanding of respite care and family caregiver issues; and ``(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. ``(2) Adult with a special need.--The term `adult with a special need' means a person 18 years of age or older who requires care or supervision to-- ``(A) meet the person's basic needs; or ``(B) prevent physical self-injury or injury to others. ``(3) Child with a special need.--The term `child with a special need' means a person less than 18 years of age who requires care or supervision beyond that required of children generally to-- ``(A) meet the child's basic needs; or ``(B) prevent physical self-injury or injury to others. ``(4) Family caregiver.--The term `family caregiver' means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. ``(5) Respite care.--The term `respite care' means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. ``(6) Lifespan respite care.--The term `lifespan respite care' means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. ``SEC. 2903. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand and enhance respite care services to family caregivers; ``(2) to improve the statewide dissemination and coordination of respite care; and ``(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. ``(b) Authorization.--Subject to subsection (f), the Secretary is authorized to award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d). ``(c) Federal Lifespan Approach.--In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging, and respite care program officers in the Administration for Children and Families, the Administration on Developmental Disabilities, the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Substance Abuse and Mental Health Services Administration, to ensure coordination of respite care services for family caregivers of children and adults with special needs. ``(d) Application.-- ``(1) Submission.--Each eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(2) Contents.--Each application submitted under this section shall include-- ``(A) a description of the applicant's-- ``(i) understanding of respite care and family caregiver issues; ``(ii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and ``(iii) collaboration with other State and community-based public, nonprofit, or private agencies; ``(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of-- ``(i) the population of family caregivers; ``(ii) the extent and nature of the respite care needs of that population; ``(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need; ``(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; ``(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds; ``(vi) a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; ``(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; ``(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; ``(ix) respite care services available to family caregivers in the applicant's State or locality, including unmet needs and how the applicant's plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs; ``(x) the criteria used to identify family caregivers eligible for respite care services; ``(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and ``(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and ``(C) assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of care recipient and family caregiver records. ``(e) Review of Applications.-- ``(1) Establishment of review panel.--The Secretary shall establish a panel to review applications submitted under this section. ``(2) Meetings.--The panel shall meet as often as may be necessary to facilitate the expeditious review of applications. ``(3) Function of panel.--The panel shall-- ``(A) review and evaluate each application submitted under this section; and ``(B) make recommendations to the Secretary concerning whether the application should be approved. ``(f) Awarding of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements from among the applications approved by the panel under subsection (e)(3). ``(2) Priority.--When awarding grants or cooperative agreements under this subsection, the Secretary shall give priority to applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide. ``(g) Use of Grant or Cooperative Agreement Funds.-- ``(1) In general.-- ``(A) Mandatory uses of funds.--Each eligible recipient that is awarded a grant or cooperative agreement under this section shall use the funds for, unless such a program is in existence-- ``(i) the development of lifespan respite care at the State and local levels; and ``(ii) an evaluation of the effectiveness of such care. ``(B) Discretionary uses of funds.--Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds for-- ``(i) respite care services for family caregivers of children and adults with special needs; ``(ii) respite care worker and volunteer training programs; or ``(iii) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services. ``(C) Evaluation.--If an eligible recipient uses funds awarded under this section for an activity described in subparagraph (B), the eligible recipient shall use funds for an evaluation of the effectiveness of the activity. ``(2) Subcontracts.--Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1). ``(h) Term of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. ``(2) Renewal.--The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). ``(i) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $90,500,000 for fiscal year 2004; and ``(2) such sums as are necessary for fiscal years 2005 through 2008. ``SEC. 2904. NATIONAL LIFESPAN RESPITE RESOURCE CENTER. ``(a) Establishment.--From funds appropriated under subsection (c), the Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the `center'). ``(b) Purposes of the Center.--The center shall-- ``(1) maintain a national database on lifespan respite care; ``(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and ``(3) provide information, referral, and educational programs to the public on lifespan respite care. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2004 through 2008.''. Passed the Senate April 10, 2003. Attest: EMILY J. REYNOLDS, Secretary.

(This measure has not been amended since it was introduced in the Senate on March 5, 2003. However, because action occurred on the measure, the summary has been expanded.)Lifespan Respite Care Act of 2003 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to an agency or organization capable of operating on a statewide basis (an eligible recipient) to develop coordinated respite care programs. Defines respite care to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of such child or adult.Instructs the Secretary to work cooperatively with existing Federal respite program officers to ensure coordination of services for family caregivers. Authorizes the Secretary to award grants or cooperative agreements to eligible recipients who submit an application containing certain information, including: (1) the extent and nature of the respite care needs of the population; and (2) how the proposed respite care activities will make use of other Federal, State, and local funds, programs, and other resources.Directs the Secretary to establish a review panel to make recommendations on applicants. Gives priority to applicants with the greatest likelihood of implementing or enhancing lifespan respite care statewide.Requires grant funds to be used for the development of lifespan respite care at the State and local levels (unless such a program already exists). Defines lifespan respite care as a system of accessible, community-based respite care services. Permits the use of funds for respite care services and training programs once a statewide program is in place and evaluated. Limits grants to five years. Permits a grant to be renewed. Requires funding to supplement, not supplant, existing government funds. Authorizes appropriations.Directs the Secretary to provide for the establishment of a National Resource Center on Lifespan Respite Care to maintain a national database and provide training, technical assistance, and information. Authorizes appropriations.

A bill to amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Food Modernization Act''. SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. The Richard B. Russell National School Lunch Act is amended by inserting after section 26 (42 U.S.C. 1769g) the following: ``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. ``(a) Definitions.--In this section: ``(1) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency or a school food authority administering or operating a school lunch program; ``(B) a tribal organization; or ``(C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. ``(3) Infrastructure.--The term `infrastructure' means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. ``(4) Local educational agency.--The term `local educational agency' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(5) School food authority.--The term `school food authority' has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). ``(6) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(b) Loan Guarantees for Assistance to Schools for Infrastructure Improvements and Durable Equipment Necessary To Provide Healthy Meals Through School Lunch Programs.-- ``(1) Authority to guarantee loans.--The Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school lunch program. ``(2) Competitive basis.--Subject to paragraph (3), the Secretary shall select eligible entities to receive a loan guarantee under this subsection on a competitive basis. ``(3) Preferences.--In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate-- ``(A) need for infrastructure improvement; or ``(B) durable equipment need or impairment. ``(4) Oversight.--The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this subsection. ``(5) Guarantee amount.--A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. ``(6) Fees.--The Secretary shall establish fees with respect to loan guarantees under this subsection that, as determined by the Secretary-- ``(A) are sufficient to cover all the administrative costs to the Federal Government for the operation of the program; ``(B) may be in the form of an application or transaction fee, or interest rate adjustment; and ``(C) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration-- ``(i) the price of Treasury obligations of a similar maturity; ``(ii) prevailing market conditions; ``(iii) the ability of the eligible infrastructure project to support the loan guarantee; and ``(iv) the total amount of the loan guarantee. ``(7) Funding.-- ``(A) In general.--To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. ``(c) Equipment Grants.-- ``(1) Authority to make grants.--Beginning in fiscal year 2017 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist the eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. ``(2) Priority.--In awarding grants under this subsection, the Secretary shall give priority to-- ``(A) eligible entities in States that have enacted comparable statutory grant funding mechanisms or that have otherwise appropriated funds to assist eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety, as determined by the Secretary; and ``(B) eligible entities that have identified and are reasonably expected to meet an unmet local or community need, including through-- ``(i) a public-private partnership or partnership with a food pantry or other low- income assistance agency; or ``(ii) the provision for or allowance of kitchen or cafeteria usage by related or outside community organizations. ``(3) Federal share.-- ``(A) In general.--The Federal share of costs for assistance funded through a grant awarded under this subsection shall not exceed 80 percent of the total cost of the durable equipment or infrastructure. ``(B) Matching.--As a condition on receiving a grant under this subsection, an eligible entity shall provide matching support in the form of cash or in-kind contributions. ``(C) Waiver.--The Secretary may waive or vary the requirements of subparagraphs (A) and (B) if the Secretary determines that undue hardship or effective exclusion from participation in the grant program under this subsection would otherwise result. ``(4) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated $25,000,000 to carry out this subsection for each of fiscal years 2017 through 2022. ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. The Richard B. Russell National School Lunch Act is amended by inserting after section 21 (42 U.S.C. 1769b-1) the following: ``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. ``(a) In General.--The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(b) Eligible Third-Party Institutions Defined.--For purposes of this section, the term `eligible third-party institution' means-- ``(1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; ``(2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ``(3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302); or ``(4) a consortium of entities described in paragraphs (1), (2), and (3). ``(c) Criteria for Eligible Third-Party Institutions.--The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include-- ``(1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; ``(2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; ``(3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and ``(4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel-- ``(A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or ``(B) through an online training and assistance program on topics that do not require in-person attendance. ``(d) Program Assistance.--The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. ``(e) Federal Share.-- ``(1) In general.--The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. ``(2) Matching.--As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. ``(f) Oversight.--The Secretary shall establish procedures to enable the Secretary-- ``(1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and ``(2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2017 through 2022. ``(2) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 4. REPORT TO CONGRESS. Not later than 1 year after funds are made available to carry out sections 21A and 27 of the Richard B. Russell National School Lunch Act (as added by this Act), and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing such sections. SEC. 5. STUDY AND REPORT TO CONGRESS ON THE USE OF STATE ADMINISTRATIVE EXPENSE FUNDS. (a) Study.--The Secretary of Agriculture shall conduct a study on-- (1) the use of State administrative expense funds by State agencies; (2) innovative, effective, replicable, model policies, practices, and training methods that may be implemented using State administrative expense funds; (3) factors that interfere with the ability of State agencies to use State administrative expense funds effectively; and (4) how State administrative expense funds may be used to encourage the implementation of effective and consistent school nutrition workforce training, with particular emphasis on training and technical assistance to improve the implementation of nutrition standards for all foods sold in schools including-- (A) nutrition standards for foods sold in schools other than foods provided under the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act; (B) local school wellness policies; (C) updated professional standards for school nutrition professionals; and (D) other school food service practices, standards, and operational requirements as the Secretary may identify as requiring additional assistance. (b) Development and Use of Assessment Tool.-- (1) In general.--The Secretary of Agriculture shall develop an assessment tool for the purpose of carrying out the study under subsection (a). Such tool shall include a general methodology for evaluating effectiveness of State agencies in providing training and technical assistance using State administrative expense funds. (2) Coordination with other entities.--In developing the assessment tool under paragraph (1), the Secretary shall consider public research, stakeholder input, and direct feedback from school nutrition personnel. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing-- (1) a summary of the study conducted under subsection (a); (2) any findings and recommendations resulting from such study; (3) a plan for disseminating to State agencies best practices on the use of State administrative expense funds for training and technical assistance; and (4) recommendations, if any, for the ongoing monitoring and improvement of training and technical assistance carried out by State agencies using State administrative expense funds. (d) Definitions.--In this section: (1) State administrative expense funds.--The term ``State administrative expense funds'' means the State administrative expense funds described in part 235 of title 7, Code of Federal Regulations (or any successor regulation). (2) State agency.--The term ``State agency'' has the meaning given the term in section 235.2 of title 7, Code of Federal Regulations (or any successor regulation). SEC. 6. OFFSET. Of the unobligated balance available for administrative expenses of the Department of Education, $35,000,000 is rescinded.

School Food Modernization Act This bill amends the Richard B. Russell National School Lunch Act to direct the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school lunch program. USDA must give preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program that are sufficient to cover the federal government's administrative costs in operating the program. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. In doing so, USDA must give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to: (1) meet school lunch program nutrition standards, and (2) improve the efficacy and efficiency of the school lunch and breakfast programs. The bill authorizes these grant and loan programs through FY2022. USDA must complete a study on the use of state administrative expense funds. The bill also  rescinds $35 million of the Department of Education's unobligated balance available for administrative expenses.

School Food Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on the Abolition of Modern-Day Slavery Act''. SEC. 2. MODERN-DAY SLAVERY. In this Act, the term ``modern-day slavery'' means the status or condition of a person who is under the control of another person, where that control is enforced by violence, or psychological coercion, and who is exploited through involuntary servitude, forced labor, debt bondage or bonded labor, serfdom, peonage, trafficking in persons for forced labor or for sexual exploitation (including child sex tourism), forced marriage, or other similar means. SEC. 3. FINDINGS. Congress makes the following findings: (1) Modern-day slavery takes many forms, including chattel slavery or slavery by descent, and the exploitation occurs in a myriad of situations, including in the agricultural, commercial sex, construction, manufacturing, and service industries, as well as in domestic servitude. (2) The perpetrators of modern-day slavery violate the dignity of men, women, and children, using violence that at times results in death, sexual abuse, rape, torture, dangerous and degrading working conditions, poor nutrition, drug and alcohol addiction, and psychological trauma. (3) According to the Universal Declaration of Human Rights ``No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.''. (4) The United States and the international community have acknowledged that modern-day slavery must be abolished in accordance with the International Covenant on Civil and Political Rights; the Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention of 1926; the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts; the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; the Abolition of Forced Labour Convention; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. (5) The Declaration of Independence recognizes the inherent dignity and worth of all people and states that all people are created equal and are endowed by their Creator with certain unalienable rights. (6) The 13th amendment to the Constitution of the United States recognizes that ``Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.''. (7) The United States has given particular priority to combating trafficking in persons, a form of modern-day slavery, through the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386) and the Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108- 193) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164). (8) The importation into the United States of goods mined, produced, or manufactured by forced or indentured labor, including forced or indentured child labor, is prohibited under the Tariff Act of 1930. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a congressional Commission on the Abolition of Modern-Day Slavery (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the House of Representatives; and (D) 3 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be individuals with demonstrated expertise or experience in combating modern-day slavery. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Co-Chairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a co-chairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a co-chairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either Co- chairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may meet or hold hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall-- (A) conduct a thorough study of modern-day slavery in all its forms and why it still exists, including the failure by authorities to enforce laws prohibiting slavery and prosecuting the perpetrators of slavery, corruption among officials, and the vulnerability of certain populations, such as those who are discriminated against because of gender, ethnicity or caste, and those in areas of conflict and post conflict, transitioning states, or states undergoing sudden political upheaval, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, or manmade or natural disasters; (B) review programs of relevant governmental agencies with respect to modern-day-slavery, including the Office of the United States Trade Representative, the Department of Commerce, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Labor, the Department of the Treasury, 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; (C) examine efforts undertaken by foreign countries and multilateral organizations to prevent or combat modern-day slavery in all its forms, prosecute the perpetrators or protect its victims, and identify those countries with the most significant number of victims of modern-day slavery; and (D) convene additional experts from relevant nongovernmental organizations as part of the Commission's review. (2) Goals.--Based on its findings under paragraph (1), the Commission shall-- (A) advise the Congress on how the United States could lend support to the efforts to eradicate modern- day slavery in all its forms; (B) provide a comprehensive evaluation of comparative models and strategies to prevent modern-day slavery, rescue and rehabilitate victims of modern-day slavery, prosecute offenders, increase accountability within countries that tolerate modern-day slavery, develop international cooperation to combat modern slavery, and increase education about modern-day slavery in all its forms, particularly among vulnerable populations; (C) provide a comprehensive evaluation of current United States trade policy's effect on modern slavery, including a list of the top ten countries with the highest number of slaves within their borders, along with the precise nature of the United States trade relationship with each country; (D) provide a comprehensive evaluation of the effectiveness of United States laws prohibiting the importation of goods manufactured or produced in whole or in part through forced labor or child labor, including a list of the five categories of slave-made goods that most regularly are imported into the United States, and any related law enforcement action taken to prevent their importation; (E) provide a comprehensive evaluation of United States Government procurement policies and practices regarding the procurement of slave-made goods or services through grantees, contractors, or subcontractors; and (F) examine the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery in all its forms. (b) Recommendations.--The Commission shall recommend legislative and administrative actions necessary for the most effective ways to combat and eliminate modern-day slavery in all its forms, including incorporating best practices into all United States Government anti- slavery programs for prevention, rescue and rehabilitation, prosecution, increasing accountability within governments that tolerate slavery, developing international cooperation to combat modern-day slavery, and increasing education about modern-day slavery, particularly among vulnerable populations. The Commission shall also determine the nature of what constitutes appropriate relations with countries that tolerate modern-day slavery in any form and make specific recommendations to eliminate the importation of slave-made goods and the United States Government's procurement of slave-made goods and services. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit to the Speaker and minority leader of the House of Representatives and the majority leader and minority leader of the Senate, a report containing the results of the study and other activities conducted under subsection (a) and the recommendations developed under subsection (b). SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) Information From Governmental Agencies.--The Commission may secure directly from any department or agency such information as the Commission considers necessary to carry out this Act. Upon request of either co-chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5313 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 Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The co-chairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The co-chairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United Sates Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Federal Government employees may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The co- chairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 5(c). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2008 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Congressional Commission on the Abolition of Modern-Day Slavery Act - Defines "modern-day slavery." Establishes a congressional Commission on the Abolition of Modern-day Slavery which shall: (1) study matters relating to modern-day slavery; (2) review programs of relevant governmental agencies; (3) examine efforts by foreign countries and multilateral organizations to combat modern-day slavery; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review. States that the Commission shall: (1) advise Congress on how the United States could support efforts to eradicate modern-day slavery; (2) evaluate comparative strategies to prevent modern-day slavery, rescue and rehabilitate its victims, and prosecute traffickers and increase accountability within countries; (3) examine the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; (4) evaluate the effectiveness of U.S. laws prohibiting the importation of goods produced through forced labor or child labor; (5) evaluate U.S. trade policy's effect on modern slavery, including a list of the 10 countries with the highest number of slaves within their borders; and (6) evaluate U.S. government procurement policies regarding slave-made goods or services. Terminates the Commission 90 days after submission of a report required under this Act.

To establish a congressional Commission on the Abolition of Modern-Day Slavery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Utilization, Investment, and Local Development Act of 2015'' or the ``BUILD Act''. SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (9) and (10) through (12) as paragraphs (5) through (10) and (13) through (15), respectively; (2) in paragraph (3)(A), by striking ``subject to paragraphs (4) and (5)'' and inserting ``subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)), so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''. SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be remediated'' and inserting ``$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site''. SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS. Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) by striking ``The Administrator may provide,'' and inserting the following: ``(i) Definitions.--In this subparagraph: ``(I) Disadvantaged area.--The term `disadvantaged area' means an area with an annual median household income that is less than 80 percent of the State- wide annual median household income, as determined by the latest available decennial census. ``(II) Small community.--The term `small community' means a community with a population of not more than 15,000 individuals, as determined by the latest available decennial census. ``(ii) Establishment of program.--The Administrator shall establish a program to provide grants that provide,''; and (2) by adding at the end the following: ``(iii) Small or disadvantaged community recipients.-- ``(I) In general.--Subject to subclause (II), in carrying out the program under clause (ii), the Administrator shall use not more than $600,000 of the amounts made available to carry out this paragraph to provide grants to States that receive amounts under section 128(a) to assist small communities, Indian tribes, rural areas, or disadvantaged areas in achieving the purposes described in clause (ii). ``(II) Limitation.--Each grant awarded under subclause (I) shall be not more than $7,500.''. SEC. 8. WATERFRONT BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended by inserting after paragraph (10) (as redesignated by section 3(1)) the following: ``(11) Waterfront brownfield sites.-- ``(A) Definition of waterfront brownfield site.--In this paragraph, the term `waterfront brownfield site' means a brownfield site that is adjacent to a body of water or a federally designated floodplain. ``(B) Requirements.--In providing grants under this subsection, the Administrator shall-- ``(i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site; and ``(ii) give consideration to waterfront brownfield sites.''. SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended by section 8) is amended by inserting after paragraph (11) the following: ``(12) Clean energy projects at brownfield sites.-- ``(A) Definition of clean energy project.--In this paragraph, the term `clean energy project' means-- ``(i) a facility that generates renewable electricity from wind, solar, or geothermal energy; and ``(ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy. ``(B) Establishment.--The Administrator shall establish a program to provide grants-- ``(i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and ``(ii) to capitalize a revolving loan fund for the purposes described in clause (i). ``(C) Maximum amount.--A grant under this paragraph shall not exceed $500,000.''. SEC. 10. TARGETED FUNDING FOR STATES. Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by adding at the end the following: ``(C) Targeted funding.--Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a).''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Brownfields Revitalization Funding.--Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by striking ``2006'' and inserting ``2018''. (b) State Response Programs.--Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2018''. Passed the Senate June 27, 2016. Attest: JULIE E. ADAMS, Secretary.

. The expanded summary of the Senate reported version is repeated here.) Brownfields Utilization, Investment, and Local Development Act of 2015 or the BUILD Act This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to revise programs and funding regarding brownfields. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 2) The bill makes certain nonprofit organizations and community development entities eligible for brownfields revitalization funding. (Sec. 3) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 4) The brownfield site characterization and assessment grant program is revised by authorizing eligible governmental entities to receive grants for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 5) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 7) The EPA must establish a grant program that provides training, research, and technical assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. (Currently, the EPA may provide funding for this purpose.) The bill authorizes the EPA to use up to a specified amount of the funding made available for the grant program on grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas. (A small community is one with a population of no more than 15,000 individuals and a disadvantaged area has an annual median household income that is less than 80% of the state-wide annual median household income.) (Sec. 8) The EPA must give consideration to waterfront brownfield sites located adjacent to bodies of water or federally designated floodplains when providing brownfield grants. (Sec. 9) The EPA must establish a program to provide grants to: (1) carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at brownfield sites; and (2) capitalize a revolving loan fund for those purposes. A clean energy project means: (1) a facility that generates renewable electricity from wind, solar, or geothermal energy; and (2) any energy efficiency improvement project at a facility. (Sec. 11) The bill: (1) reauthorizes through FY2018 and revises brownfields revitalization funding, and (2) reauthorizes through FY2018 state and tribal response programs (programs responding to brownfields).

BUILD Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gift of Life Congressional Medal Act of 2001''. SEC. 2. CONGRESSIONAL MEDAL. The Secretary of the Treasury shall design and strike a bronze medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury, to commemorate organ donors and their families. SEC. 3. ELIGIBILITY REQUIREMENTS. (a) In General.--Any organ donor, or the family of any organ donor, shall be eligible for a medal described in section 2. (b) Documentation.--The Secretary of Health and Human Services shall direct the entity holding the Organ Procurement and Transplantation Network (hereafter in this Act referred to as ``OPTN'') to contract to-- (1) establish an application procedure requiring the relevant organ procurement organization, as described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)), through which an individual or their family made an organ donation, to submit to the OPTN contractor documentation supporting the eligibility of that individual or their family to receive a medal described in section 2; and (2) determine, through the documentation provided, and, if necessary, independent investigation, whether the individual or family is eligible to receive a medal described in section 2. SEC. 4. PRESENTATION. (a) Delivery to the Secretary of Health and Human Services.--The Secretary of the Treasury shall deliver medals struck pursuant to this Act to the Secretary of Health and Human Services. (b) Delivery to Eligible Recipients.--The Secretary of Health and Human Services shall direct the OPTN contractor to arrange for the presentation to the relevant organ procurement organization all medals struck pursuant to this Act to individuals or families that, in accordance with section 3, the OPTN contractor has determined to be eligible to receive medals under this Act. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), only 1 medal may be presented to a family under subsection (b). Such medal shall be presented to the donating family member, or in the case of a deceased donor, the family member who signed the consent form authorizing, or who otherwise authorized, the donation of the organ involved. (2) Exception.--In the case of a family in which more than 1 member is an organ donor, the OPTN contractor may present an additional medal to each such organ donor or their family. SEC. 5. DUPLICATE MEDALS. (a) In General.--The Secretary of Health and Human Services or the OPTN contractor may provide duplicates of the medal described in section 2 to any recipient of a medal under section 4(b), under such regulations as the Secretary of Health and Human Services may issue. (b) Limitation.--The price of a duplicate medal shall be sufficient to cover the cost of such duplicates. SEC. 6. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of section 5111 of title 31, United States Code. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. SEC. 8. SOLICITATION OF DONATIONS. (a) In General.--The Secretary of the Treasury may enter into an agreement with the OPTN contractor to collect funds to offset expenditures relating to the issuance of medals authorized under this Act. (b) Payment of Funds.-- (1) In general.--Except as provided in paragraph (2), all funds received by the Organ Procurement and Transplantation Network under subsection (a) shall be promptly paid by the Organ Procurement and Transplantation Network to the Secretary of the Treasury. (2) Limitation.--Not more than 5 percent of any funds received under subsection (a) shall be used to pay administrative costs incurred by the OPTN contractor as a result of an agreement established under this section. (c) Numismatic Public Enterprise Fund.--Notwithstanding any other provision of law-- (1) all amounts received by the Secretary of the Treasury under subsection (b)(1) shall be deposited in the Numismatic Public Enterprise Fund, as described in section 5134 of title 31, United States Code; and (2) the Secretary of the Treasury shall charge such fund with all expenditures relating to the issuance of medals authorized under this Act. (d) Start-Up Costs.--A 1-time amount not to exceed $55,000 shall be provided to the OPTN contractor to cover initial start-up costs. The amount will be paid back in full within 3 years of the date of the enactment of this Act from funds received under subsection (a). (e) No Net Cost to the Government.--The Secretary of the Treasury shall take all actions necessary to ensure that the issuance of medals authorized under section 2 results in no net cost to the Government. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``organ'' means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by regulation of the Secretary of Health and Human Services or the OPTN contractor; and (2) the term ``Organ Procurement and Transplantation Network'' means the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274). SEC. 10. SUNSET PROVISION. This Act shall be effective during the 2-year period beginning on the date of the enactment of this Act.

Gift of Life Congressional Medal Act of 2001 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families.Makes any organ donor, or the family of any organ donor, eligible for the medal.Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network to arrange for medal presentation to eligible individuals.

To establish a congressional commemorative medal for organ donors and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Full Funding Act''. SEC. 2. ENHANCED PROCESS FOR FUNDING VETERANS HEALTH CARE PROGRAMS. (a) In General.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 320. Enhanced funding process for veterans health care ``(a) In the President's budget for each fiscal year transmitted under section 1105 of title 31, amounts shall be requested for veterans health care programs in accordance with this section. Amounts appropriated for veterans health care programs shall be available for obligation for a period of two consecutive fiscal years. ``(b)(1) For each fiscal year (beginning with fiscal year 2005), the Veterans Health Care Funding Review Board shall determine the level of funding needed for veterans health care programs for that fiscal year and the next fiscal year. The Board shall make such determination, and shall publish such determination in the Federal Register, not later than November 1 of the year preceding the year in which the budget for such fiscal year is transmitted to Congress. ``(2) In making any such determination under paragraph (1), the Board shall take into consideration the most recent information relating to economic assumptions provided to the Board by the Director of the Office of Management and Budget pursuant to subsection (f)(4)(b). ``(c) The amount determined under subsection (b) for any two- fiscal-year period is the amount needed to be appropriated to the Department for that two-fiscal-year period for veterans health care programs. The President shall include the full amount so determined in the budget transmitted to Congress under section 1105 of title 31 for the first fiscal year in such two-year period and shall include the amount of the second fiscal year as a budget forecast year. ``(d)(1) The Board shall make its determination of the level of funding needed for veterans health care programs for any two-fiscal- year period under subsection (b) based upon an annual review of those programs and of veterans health care needs. ``(2) The Board shall ensure that its determination of the level of funding needed for veterans health care programs for any period is in an amount sufficient to provide for-- ``(A) the health care needs of veterans estimated to be enrolled in the Department health care system under section 1705(a) of this title (other than veterans described in paragraph (8) of such section); ``(B) the health care needs of veterans with service- connected disabilities who are not required to enroll in such health care system; ``(C) timely access to health care under standards for access prescribed under section 1703(d)(1) of this title; ``(D) maintenance of capacities of Department nursing home facilities as required by section 1710B(b) of this title and of specialized programs as required by section 1706(b)(1) of this title; ``(E) the health care needs of persons eligible for benefits under chapter 17 of this title based upon subchapter VIII of that chapter; ``(F) the necessary maintenance, improvement, upgrading, expanding, repairing, and replacing of major and minor medical facilities, capital equipment, and systems to ensure that health care facilities of the Department are adequate for the purposes of programs and benefits authorized for the care of veterans under chapter 17 of this title; and ``(G) unanticipated requirements, including-- ``(i) changes in benefits; ``(ii) changes in beneficiaries; ``(iii) changes in economic conditions or assumptions; and ``(iv) such other factors as the Board considers appropriate. ``(3) Each such review under paragraph (1) shall consider-- ``(A) demographic information; ``(B) utilization and cost trends for veterans enrolled under section 1705 of this title and other Department health- care beneficiaries; ``(C) requirements for support of other core missions of the Department related to health care; ``(D) the degree of efficiency (or the lack of efficiency) by which the Secretary actually delivers health care services to veterans; and ``(E) such other factors as the Board considers appropriate. ``(4)(A) The Board shall submit to Congress an annual report, not later than the date on which the President transmits the budget to Congress under section 1105 of title 31 each year, on its most recent determination under subsection (b) and its most recent review under paragraph (1). ``(B) The report shall include the following: ``(i) A statement of the amount determined for each of the two fiscal years covered by such determination under subsection (b). ``(ii) A description of the economic assumptions and other assumptions made by the Board in making such determination and how that determination was developed. ``(iii) Any recommendations to Congress or the Secretary that the Board considers appropriate concerning the means and methods for the Secretary to achieve optimal efficiencies or savings in delivering health care to veterans. ``(5) Following the submission of the report under paragraph (4) each year, the Board shall review and reconsider the matters contained in the report and shall, during the five-day period ending on May 1 of that year, submit to Congress a report updating the matters in the report submitted under paragraph (4). The Board shall include in that report any revision it considers appropriate to its most recent determination under subsection (b), together with the reasons for any such revision. ``(e) For purposes of this section, the term `veterans health care programs' means programs, functions, and activities of the Veterans Health Administration other than-- ``(1) medical and prosthetic research; and ``(2) grants under subchapter III of chapter 81 of this title. ``(f)(1) There is established in the Department of Veterans Affairs a Veterans Health Care Funding Review Board. The Board shall consist of three members who shall be appointed by the Secretary. Persons appointed to the Board shall have professional backgrounds and experience in health care policy analysis, health care statistics, health care insurance, or health care economics or have similar qualifications considered suitable by the Secretary. ``(2)(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the term of the member until the successor of that member has taken office. A member of the Board may be removed by the Secretary for misconduct or failure to perform functions vested in the Board, and for no other reason. ``(B) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and 15 years, respectively, after the date of appointment, as designated by the Secretary at the time of appointment. ``(3) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board, and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5. ``(4)(A) The Secretary shall furnish the Board all papers, records, information, and other materials it requires in order to carry out its functions under this section. ``(B) The Director of the Office of Management and Budget shall furnish to the Board complete information on the economic assumptions (including assumptions as to inflation, unemployment, revenues and expenses, and energy costs) that inform or guide the President's overall budgetary presentation to Congress, including those assumptions that would be expected to particularly affect health care costs in the Department, or the cost of care to veterans. ``(5) Funds for the expenses of the Board for any fiscal year shall be provided from amounts available for that fiscal year for veterans health care programs. The Board shall include consideration of its own budget requirements in determinations under subsection (b).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``320. Enhanced funding process for veterans health care.''. (b) Effective Date.--Sections 320 of title 38, United States Code, as added by subsection (a), shall take effect on January 1, 2004. (c) Repeal of Construction Authorization Requirement.--Effective October 1, 2004, subsections (a), (b), (c), and (d) of section 8104 of title 38, United States Code, are repealed. (d) Appointment of Initial Members of Board.--The initial appointment of the members of the Board established under subsection (f) of section 320 of title 38, United States Code, as added by subsection (a), shall be completed not later than 90 days after the date of the enactment of this Act. (e) Initial Funding for Board.--For fiscal year 2004, the Secretary of Veterans Affairs shall provide amounts needed for the operation of the Board established under subsection (f) of section 320 of title 38, United States Code, as added by subsection (a), in a total amount not to exceed $2,000,000, from amounts appropriated to the Department of Veterans Affairs for that fiscal year for Medical Care. SEC. 3. ACCESS TO CARE STANDARDS. (a) Required Standard for Access to Care.--Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The following are the standards for access to care for the Department: ``(A) For a veteran seeking primary care, the standard for access is 30 days, determined from the date on which the veteran contacts the Department seeking an appointment until the date on which a visit with a primary care provider is completed. ``(B) For a veteran seeking specialized care, the standard for access is 30 days, determined from the date on which the veteran is referred for specialty care by a primary care provider until the date on which a visit with an appropriate specialty primary care provider is completed. ``(2) The Secretary shall develop and disseminate an appropriate standard of waiting time, determined from the time at which the veteran's visit is scheduled until the veteran is seen by the provider. The Secretary shall periodically review performance of Department facilities compared to that standard. The Secretary shall annually report to the Committees on Veterans' Affairs of the Senate and House of Representatives an assessment of the Department's performance against that standard. ``(3) In a case in which the Secretary is unable to meet the standard for access to care, the Secretary shall use the authority of subsection (a) to furnish health care and services for that veteran in a non-Department facility.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act.

Veterans Health Care Full Funding Act - Requires each fiscal year budget submitted to Congress by the President to include requests for amounts for veterans health care programs. Requires amounts appropriated for such programs to be available for two consecutive fiscal years. Establishes the Veterans Health Care Funding Review Board within the Department of Veterans Affairs. Directs the Board, beginning with FY 2005, to determine the level of funding needed for such programs for that fiscal year and the next and to publish such determination in the Federal Register. Outlines veterans' health care needs factors to be considered by the Board in arriving at such determination. Repeals requirements for certain congressional notifications in connection with a funding request for a Department major medical facility project or lease. Provides a 30-day standard for access to medical care for veterans seeking primary or specialized care, as measured from: (1) the time the veteran contacts the Department seeking an appointment until the date a visit is completed (primary care); and (2) the date on which the veteran is referred to a specialist until the date a visit is completed (specialty care). Directs the Secretary of Veterans Affairs to develop a standard of waiting time during a visit and to periodically review the performance of Department facilities compared to that standard.

To amend title 38, United States Code, to provide an enhanced funding process to ensure an adequate level of funding for veterans health care programs of the Department of Veterans Affairs, to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humane Enforcement and Legal Protections for Separated Children Act'' or the ``HELP Separated Children Act''. SEC. 2. DEFINITIONS. In this Act: (1) Apprehension.--The term ``apprehension'' means the detention, arrest, or custody by officials of the Department or cooperating entities. (2) Child.--Except as otherwise specifically provided, the term ``child'' has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)). (3) Child welfare agency.--The term ``child welfare agency'' means the State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (4) Cooperating entity.--The term ``cooperating entity'' means a State or local entity acting under agreement with the Secretary. (5) Department.--The term ``Department'' means the Department of Homeland Security. (6) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used to hold individuals suspected or found to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (7) Immigration enforcement action.--The term ``immigration enforcement action'' means the apprehension of, detention of, or request for or issuance of a detainer for, 1 or more individuals for suspected or confirmed violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Secretary or a cooperating entity. (8) Local educational agency.--The term ``local educational agency'' has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) NGO.--The term ``NGO'' means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community. (10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of the Department. SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED ACTIVITIES. (a) Notification.-- (1) Advance notification.--Subject to paragraph (2), when conducting any immigration enforcement action, the Secretary and cooperating entities shall notify the Governor of the State, the local child welfare agency, and relevant State and local law enforcement before commencing the action, or, if advance notification is not possible, immediately after commencing such action, of-- (A) the approximate number of individuals to be targeted in the immigration enforcement action; and (B) the primary language or languages believed to be spoken by individuals at the targeted site. (2) Hours of notification.--To the extent possible, the advance notification required by paragraph (1) should occur during business hours and allow the notified entities sufficient time to identify resources to conduct the interviews described in subsection (b)(1). (3) Other notification.--When conducting any immigration action, the Secretary and cooperating entities shall notify the relevant local educational agency and local NGOs of the information described in paragraph (1) immediately after commencing the action. (b) Apprehension Procedures.--In any immigration enforcement action, the Secretary and cooperating entities shall-- (1) as soon as possible and not later than 6 hours after an immigration enforcement action, provide licensed social workers or case managers employed or contracted by the child welfare agency or local NGOs with confidential access to screen and interview individuals apprehended in such immigration enforcement action to assist the Secretary or cooperating entity in determining if such individuals are parents, legal guardians, or primary caregivers of a child in the United States; (2) as soon as possible and not later than 8 hours after an immigration enforcement action, provide any apprehended individual believed to be a parent, legal guardian, or primary caregiver of a child in the United States with-- (A) free, confidential telephone calls, including calls to child welfare agencies, attorneys, and legal services providers, to arrange for the care of children or wards, unless the Secretary has reasonable grounds to believe that providing confidential phone calls to the individual would endanger public safety or national security; and (B) contact information for-- (i) child welfare agencies in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; and (ii) attorneys and legal service providers capable of providing free legal advice or free legal representation regarding child welfare, child custody determinations, and immigration matters; (3) ensure that personnel of the Department and cooperating entities do not-- (A) interview individuals in the immediate presence of children; or (B) compel or request children to translate for interviews of other individuals who are encountered as part of an immigration enforcement action; and (4) ensure that any parent, legal guardian, or primary caregiver of a child in the United States-- (A) receives due consideration of the best interests of his or her children or wards in any decision or action relating to his or her detention, release, or transfer between detention facilities; and (B) is not transferred from his or her initial detention facility or to the custody of the Secretary until the individual-- (i) has made arrangements for the care of his or her children or wards; or (ii) if such arrangements are impossible, is informed of the care arrangements made for the children and of a means to maintain communication with the children. (c) Nondisclosure and Retention of Information About Apprehended Individuals and Their Children.-- (1) In general.--Information collected by child welfare agencies and NGOs in the course of the screenings and interviews described in subsection (b)(1) may not be disclosed to Federal, State, or local government entities or to any person, except pursuant to written authorization from the individual or his or her legal counsel. (2) Child welfare agency or ngo recommendation.-- Notwithstanding paragraph (1), a child welfare agency or NGO may-- (A) submit a recommendation to the Secretary or a cooperating entity regarding whether an apprehended individual is a parent, legal guardian, or primary caregiver who is eligible for the protections provided under this Act; and (B) disclose information that is necessary to protect the safety of the child, to allow for the application of subsection (b)(4)(A), or to prevent reasonably certain death or substantial bodily harm. SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE AGENCIES, AND CONSULAR OFFICIALS. (a) In General.--The Secretary shall ensure that all detention facilities operated by or under agreement with the Department implement procedures to ensure that the best interest of the child, including a preference for family unity wherever appropriate, is considered in any decision and action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action. (b) Access to Children, State and Local Courts, Child Welfare Agencies, and Consular Officials.--At all detention facilities operated by, or under agreement with, the Department, the Secretary shall-- (1) prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this Act as well as information on potential eligibility for parole or release; (2) ensure that individuals who are detained by reason of their immigration status may receive the screenings and interviews described in section 3(b)(1) not later than 6 hours after their arrival at the detention facility; (3) ensure that individuals who are detained by reason of their immigration status and are believed to be parents, legal guardians, or primary caregivers of children in the United States are-- (A) permitted daily phone calls and regular contact visits with their children or wards; (B) able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceeding impacting upon custody of their children or wards; (C) able to fully comply with all family court or child welfare agency orders impacting upon custody of their children or wards; (D) provided with contact information for family courts in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; (E) granted free and confidential telephone calls to child welfare agencies and family courts as often as is necessary to ensure that the best interest of the child, including a preference for family unity whenever appropriate, can be considered; (F) granted free and confidential telephone calls and confidential in-person visits with attorneys, legal representatives, and consular officials; (G) provided United States passport applications for the purpose of obtaining travel documents for their children or wards; (H) granted adequate time before removal to obtain passports and other necessary travel documents on behalf of their children or wards if such children or wards will accompany them on their return to their country of origin or join them in their country of origin; and (I) provided with the access necessary to obtain birth records or other documents required to obtain passports for their children or wards; and (4) facilitate the ability of detained parents, legal guardians, and primary caregivers to share information regarding travel arrangements with their children or wards, child welfare agencies, or other caregivers well in advance of the detained individual's departure from the United States. SEC. 5. MEMORANDA OF UNDERSTANDING. The Secretary shall develop and implement memoranda of understanding or protocols with child welfare agencies and NGOs regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent, legal guardian, or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child, including a preference for family unity whenever appropriate. SEC. 6. MANDATORY TRAINING. The Secretary, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall require and provide in-person training on the protections required under sections 3 and 4 to all personnel of the Department and of States and local entities acting under agreement with the Department who regularly come into contact with children or parents in the course of conducting immigration enforcement actions. SEC. 7. RULEMAKING. Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act. SEC. 8. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION ENFORCEMENT ACTIVITIES. (a) Requirement for Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of immigration enforcement activities on children, including children who are citizens of the United States. (b) Content.--The report submitted under subsection (a) shall include for the previous 1-year period an assessment of-- (1) the number of individuals removed from the United States who are the parent of a child who is a citizen of the United States; (2) the number of occasions in which both parents or the primary caretaker of such a child was removed from the United States; (3) the number of children who are citizens of the United States who leave the United States with parents who are removed; (4) the number of such children who remained in the United States after the removal of a parent; (5) the age of each such child at the time a parent is removed; and (6) the number of instances in which such a child whose parent is apprehended, detained, or removed is referred to the local child welfare agency by officers or employees of the Department.

Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer. Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training.

A bill to protect children affected by immigration enforcement actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Female Congressional Pioneers Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) The 70 women currently serving in the House of Representatives owe a debt of gratitude to all of their foremothers who broke down barriers both in their election to, and in the important legislative work they accomplished as Members of, the House of Representatives. (2) Four women in particular stand out for their status as the ``first'' women in certain categories. (3) In 1916, Jeannette Rankin broke new ground by becoming the first woman elected to the House of Representatives, representing the State of Montana, first from 1917 to 1919 and later from 1941 to 1943. (4) Jeannette Rankin's first election was all the more remarkable, considering that it came 3 years before women's suffrage was a legally guaranteed right throughout the United States. (5) Jeannette Rankin directly contributed to a woman's right to vote when she introduced a resolution in 1919 to support a women's suffrage amendment to the Constitution of the United States. (6) Jeannette Rankin remained true to her pacifistic ideals both by voting against the declarations of World War I and World War II--and in fact was the only Representative to vote against the declaration of World War II--and by working tirelessly to promote peace during her years outside of Congress. (7) In 1924, Mary Teresa Norton became the first Democratic woman elected to the House of Representatives--and one of a small number of women during that period who were elected in their own right and not to replace their husbands--representing New Jersey's Twelfth Congressional District from 1925 to 1951. (8) Mary Norton served as the chair of the Committee on the District of Columbia from 1931 to 1937, effectively governing the city which at that time had no municipal government of its own. (9) In 1934, Mary Norton became the first woman to chair a major political party in a State as head of the New Jersey State Committee. (10) Mary Norton was instrumental in the drafting and passage in 1938 of a major piece of President Franklin D. Roosevelt's New Deal: the Fair Labor Standards Act, which established a minimum wage, a maximum workweek, overtime pay, and a prohibition on child labor. (11) In 1964, Patsy Takemoto Mink became the first Asian- American woman elected to the House of Representatives, representing Hawaii's Second Congressional District from 1965 to 1977 and again from 1991 until her death in 2002. (12) Patsy Mink secured an assignment to the Committee on Education and Labor, for which her previous expertise and interests made her well-suited, and used her time on that Committee to introduce the first child care bill, as well as bills to provide for bilingual education, student loans, special education, and the Head Start program. (13) Patsy Mink gained passage in 1965 of legislation to support the construction of schools in the Trust Territory of the Pacific Islands. (14) Patsy Mink established the Democratic Women's Caucus in 1995 and served as its first chair. (15) In 1968, Shirley Anita St. Hill Chisholm made history by becoming the first African-American woman elected to the House of Representatives, representing New York's Twelfth Congressional District until her retirement in 1983. (16) Shirley Chisholm was a founding member of the Congressional Black Caucus, a fierce advocate for women's rights and democracy, and a staunch opponent of the Vietnam War. (17) Shirley Chisholm was an outspoken advocate for equal rights, early childhood education, fair labor standards, and the Martin Luther King, Jr. holiday effort. (18) Shirley Chisholm further cemented her place in history when she became the first African-American person to seek a major political party's nomination for President in 1972. (19) There is a real need to honor these women and others like them more often in our Nation's artistic and cultural venues. SEC. 3. SPECIAL POSTAGE STAMP. In order to afford the public a convenient means by which to contribute towards the acquisition (for public display in the United States Capitol and other appropriate locations) of works of art honoring Jeannette Rankin, Mary Teresa Norton, Patsy Mink, Shirley Anita St. Hill Chisholm, and other female pioneers in Government service, the United States Postal Service shall provide for the issuance and sale of a semipostal in accordance with section 416 of title 39, United States Code, subject to the following: (1) Disposition of amounts received.--All amounts becoming available from the sale of the semipostal shall be transferred by the Postal Service to the Capitol Preservation Commission and the House Fine Arts Board (which is hereby authorized to accept any such amounts) under such arrangements as the Postal Service and those entities shall by mutual agreement establish in order to carry out the purposes of this Act. (2) No effect on authority to issue other stamps.--No semipostal issued pursuant to this Act shall be taken into account for purposes of applying any numerical limitation established under section 416(e)(1)(C) of such title 39. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``semipostal'' has the meaning given such term by section 416(a)(1) of title 39, United States Code; (2) any determination of the ``amounts becoming available'' from the sale of the semipostal shall be made in accordance with section 416(d) of such title 39; (3) the term ``Capitol Preservation Commission'' means the United States Capitol Preservation Commission, established by section 801 of Public Law 100-696 (40 U.S.C. 188a); and (4) the term ``House Fine Arts Board'' means the House of Representatives Fine Arts Board, established by section 1001 of Public Law 100-696 (40 U.S.C. 188c).

Honoring Female Congressional Pioneers Act of 2006 - Directs the Postal Service to provide for the issuance and sale of a semipostal in order to afford the public a convenient means to contribute towards the acquisition (for public display) of works of art honoring Jeanette Rankin, Mary Teresa Norton, Patsy Mink, Shirley Anita St. Hill Chisholm, and other female pioneers in government service.

To provide for the issuance of a semipostal in order to afford a convenient means by which members of the public may contribute towards the acquisition of works of art to honor female pioneers in Government service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Free Sports Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' refers to the Secretary of Commerce; and (2) the term ``professional sports associations'' means Major League Baseball, the National Basketball Association, the National Football League, the National Hockey League, Major League Soccer, the Arena Football League, and any other league or association that organizes professional athletic competitions as the Secretary may determine. SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATHLETES. Not later than 270 days after the date of enactment of this Act, the Secretary shall issue regulations requiring professional sports associations operating in interstate commerce adopt and enforce policies and procedures for testing athletes who participate in their respective associations for the use of performance-enhancing substances. Such policies and procedures shall, at minimum, include the following: (1) Timing and frequency of random testing.--Each athlete shall be tested a minimum of once each year that such athlete is participating in the activities organized by the professional sports association. Tests shall be conducted at random throughout the entire year and the athlete shall not be notified in advance of the test. (2) Applicable substances.--The Secretary shall, by rule, issue a list of substances for which each athlete shall be tested. Such substances shall be those that are-- (A) determined by the World Anti-Doping Agency to be prohibited substances; and (B) determined by the Secretary to be performance- enhancing substances for which testing is reasonable and practicable. (3) Method of testing and analysis.--Tests shall be administered by an independent party not affiliated with the professional sports association. (4) Penalties.--Subject to the determination made pursuant to an appeal as described in paragraph (5), a positive test shall result in the following penalties: (A) Suspension.-- (i) An athlete who tests positive shall be suspended from participation in the professional sports association for a minimum of 2 years. (ii) An athlete who tests positive, having once previously tested positive shall be permanently suspended from participation in the professional sports association. All suspensions shall include a loss of pay for the period of the suspension. (B) Disclosure.--The name of any athlete having a positive test result shall be disclosed to the public. (5) Appeals process.--An athlete who tests positive and is subject to penalty under paragraph (4) shall be afforded an opportunity for a prompt hearing and a right to appeal. Such athlete shall file an appeal with the professional sports association within 5 days after learning of the positive test. The association shall hold a hearing and reach a final adjudication not later than 30 days after receiving notice of the appeal. The penalties specified in paragraph (4) shall be stayed pending an appeal and final adjudication. SEC. 4. EXEMPTIONS. The Secretary may exempt from the regulations promulgated pursuant to section 3 any professional sports association that has previously adopted and implemented policies and procedure for testing athletes for prohibited substances that meet or exceed the requirements of such regulations. SEC. 5. NONCOMPLIANCE. Beginning 1 year after the date on which the final rules required by section 3 are issued, the Secretary may fine any professional sports association that fails to adopt and enforce testing policies and procedures consistent with such regulations. An initial fine for failing to adopt or enforce such policies and procedures under this Act shall be $5,000,000 and may be increased by the Secretary by $1,000,000 for each day of noncompliance. SEC. 6. REPORTS. (a) Report on Effectiveness of Regulations.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report describing the effectiveness of the regulations prescribed pursuant to this Act, the degree to which professional sports associations have complied with such regulations, and any significant examples of noncompliance. (b) Study on College and Secondary School Testing Policies and Procedures.-- (1) Study.--The Comptroller General shall conduct a study on the use of performance-enhancing substances by college and secondary school athletes. The study shall examine the prohibited substance policies and testing procedures of-- (A) intercollegiate athletic associations; (B) college and university athletic departments; and (C) secondary schools and State and regional interscholastic athletic associations. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall assess the adequacy of such testing policies and procedures in detecting and preventing the use of performance-enhancing substances, and shall include any recommendations to Congress regarding expanding the application of the regulations issued pursuant to this Act to such intercollegiate and interscholastic athletic associations.

Drug Free Sports Act - Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for testing athletes for the use of performance-enhancing substances, including regulations requiring: (1) random testing of each athlete annually without advance notification; (2) the Secretary to issue a list of substances for which each athlete is to be tested that includes prohibited substances as determined by the World Anti-Doping Agency and performance-enhancing substances for which testing is reasonable and practicable; (3) that such tests be administered by an independent party not affiliated with the professional sports associations; (4) suspension for a minimum of two years for a first positive test and permanent suspension for a second positive test; (5) disclosure to the public of the name of any athlete that tests positive; and (6) an opportunity for a prompt hearing and an appeal. Allows the Secretary to: (1) exempt any professional sports association that has previously adopted and implemented policies and procedures that meet or exceed the requirements of such regulations; and (2) fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations. Requires the Comptroller General to study the use of performance-enhancing substances by college and secondary school athletes.

To direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Overseas Human Testing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Before a manufacturer of a new drug or device can market its new product, the Food and Drug Administration (FDA) requires that the manufacturer conduct laboratory and clinical trials to ascertain the product's safety and effectiveness. (2) Federal regulations mandate that an Institutional Review Board (IRB), which is comprised of scientists, physicians, and lay people, review the protocol or research plan and the informed consent form of the proposed clinical trial to ensure, among other things, that the health and safety of the human participants are not unnecessarily endangered. (3) Institutional Review Boards also verify that the manufacturer's clinical researchers implement appropriate additional safeguards to protect the rights and welfare of potentially vulnerable populations, such as women, children, the elderly, the physically or mentally disabled, and persons who are economically or educationally disadvantaged. (4) Most importantly, the IRBs help assure the FDA that manufacturers of new drugs and medical devices adequately inform human participants of the anticipated risks and the likelihood of projected benefits derived from their participation in the clinical trials, and then secure the voluntary consent of the participants. (5) For the purpose of supporting the safety and efficacy of the test article, the FDA, however, may accept the results of clinical trials with human participants which are conducted outside of the United States and do not meet United States IRB and ethical requirements. (6) Foreign clinical trials involving human participants only need to conform to either international norms on clinical investigations or the laws and regulations of the country in which the research is to be conducted. However, neither international nor most host-country standards meet the stringent requirements in the United States. (7) International and most foreign-country legal protections do not adequately shield participants in clinical investigations of a new drug or device from unethical, dangerous, or unscrupulous research practices. (8) According to the Department of Health and Human Services (HHS), the number of countries in which clinical investigators conduct drug research for FDA-approval purposes mushroomed from 29 in 1990 to 79 in 1999. Russia and countries in Eastern Europe and Latin America experienced the largest growth of clinical research. (9) Some researchers exploit the fragile regulatory systems, high illiteracy rates, and public health failures of developing countries to test their experimental drugs and devices on misinformed and unwilling human participants. (10) On December 17, 2000, the Washington Post began a six- part series of articles which documented the abuses and unethical practices of some United States-based pharmaceutical companies conducting clinical investigations of drugs and other test articles on human participants overseas. (11) The Washington Post articles chronicled numerous cases where individuals in clinical trials had not given informed consent, researchers did not follow protocols for investigation and falsified results, and poor people were paid to participate in trials without fully understanding the risks of their participation. (12) On April 30, 2001, the National Bioethics Advisory Commission (NBAC) presented to the President a report, entitled ``Ethical and Policy Issues in International Research: Clinical Trials in Developing Countries'', which discussed the ethical issues generated by research on human participants in developing countries and recommended ways to help ensure the health and safety of these human participants. The NBAC highlighted the inadequate regulatory protections which are afforded to human participants in many clinical trials abroad. (13) In September 2001, the Office of the Inspector General within HHS released the report ``The Globalization of Clinical Trials: A Growing Challenge in Protecting Human Subjects''. In the report, the Inspector General acknowledged that key entities which oversee or study foreign research, including United States regulatory agencies and the World Health Organization, have raised concerns about the lack of experience and insufficient monitoring practices of many foreign IRBs. (14) Also, the Inspector General recommended, among other things, that the FDA collect more information about the performance of foreign IRBs, and the growth and location of foreign clinical investigations. (15) While Federal regulation should accelerate, whenever possible, the delivery from laboratory to patients of new drugs which are designed to treat devastating illnesses, existing law permits manufacturers to profit from the misery and pain of uniformed, misinformed, and unwilling patients in developing countries. SEC. 3. STATEMENT OF POLICY. It is the policy of Congress to control the export of test articles which are intended for clinical investigations involving human participants in order to-- (1) foster public health and safety; (2) prevent injury to the foreign policy of the United States; and (3) preserve the credibility of the United States as a responsible trading partner. SEC. 4. MEASURES TO PROTECT THE PUBLIC HEALTH. (a) In General.--In order to carry out the policy set forth in section 3, test articles intended for clinical investigations may be exported only pursuant to an export license approved by the President. The President may exercise the authorities of the Export Administration Act of 1979, as continued in effect pursuant to the International Emergency Economic Powers Act, to carry out this section. (b) Criteria for Export License.--In addition to any other requirements that may apply, including under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and regulations issued under either such Act, the President shall require, as a prerequisite for approval of an export license for a test article required by subsection (a) of this section, that an applicant for such license-- (1) identify each clinical investigation for which the test article is intended; and (2) submit proof that each of the protocols for every clinical investigation identified under paragraph (1) has been reviewed by an institutional review board and has, at a minimum, met substantially the same standards for the protection of the rights and welfare of human subjects as the standards that would be required for IRB approval of the protocol if the protocol were for a clinical investigation of such test article pursuant to the Federal Food, Drug, and Cosmetic Act. (c) Reporting Requirement.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall prepare and submit to the appropriate congressional committees a report regarding the approval of export licenses required by subsection (a). Such report shall include-- (1) the names of the applicants for such export licenses; (2) the names of approved applicants for such export licenses; and (3) the destination country or countries for each application for such export licenses. (d) Definitions.--In this section: (1) Application for research or marketing permit.--The term ``application for research or marketing permit'' has the meaning given that term in section 56.102(b) of title 21, Code of Federal Regulations, or successor regulations. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Clinical investigation.-- (A) In general.--The term ``clinical investigation'' means any experiment that involves a test article and one or more human subjects, and that either must meet the requirements for prior submission to the Food and Drug Administration under section 505(i), 507(d), or 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i), 357(d), or 360j(g)), or need not meet the requirements for prior submission to the Food and Drug Administration under those sections, but the results of which are intended to be later submitted to, or held for inspection by, the Food and Drug Administration as part of an application for a research or marketing permit. (B) Exclusion.--The term ``clinical investigation'' does not include experiments that must meet the provisions of part 58 of title 21, Code of Federal Regulations, or successor regulations, regarding nonclinical laboratory studies. (4) Destination country.--The term ``destination country'' means the country into which test articles are being exported. (5) Human subject.--The term ``human subject'' means an individual who is or becomes a participant in research, either as a recipient of a test article or as a control. A subject may be either a healthy individual or a patient. (6) Institution.--The term ``institution'' means any public or private entity or agency (including Federal, State, and other agencies), either in the United States or other country. (7) Institutional review board; irb.--The terms ``institutional review board'' and ``IRB'' mean any board, committee, or other group formally designated by an institution to review, to approve the initiation of, and to conduct periodic review of, biomedical research involving human subjects. The primary purpose of such review is to assure the protection of the rights and welfare of the human subjects. (8) IRB approval.--The term ``IRB approval'' means the determination of an IRB made pursuant to part 56 of title 21, Code of Federal Regulations, or successor regulations, that a clinical investigation has been reviewed and may be conducted at an institution within the constraints set forth by the IRB and by other institutional and Federal requirements. (9) Test article.--The term ``test article'' means any drug for human use, biological product for human use, medical device for human use, human food additive, color additive, electronic product, or any other article that would be subject to regulation under the Federal Food, Drug, and Cosmetic Act if introduced into interstate commerce.

Safe Overseas Human Testing Act - Declares it is the policy of Congress to control the export of drugs and other test articles intended for overseas clinical investigations involving human participants in order to foster public health and safety, prevent injury to U.S. foreign policy, and preserve the credibility of the United States as a responsible trading partner.Requires a license approved by the President for the export of such test articles. Sets forth certain export license requirements, including that the license applicant shall: (1) identify each clinical investigation for which the test article is intended; and (2) submit proof that each of the protocols for every clinical investigation has been reviewed by an institutional review board and has, at a minimum, met substantially the same standards for the protection of the rights and welfare of human subjects as that required for Institutional Review Boards approval of protocols for clinical investigations (in the United States) of test articles pursuant to the Federal Food, Drug, and Cosmetic Act.

To promote safe and ethical clinical trials of drugs and other test articles on people overseas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Savings and Choice Act of 2005''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act is amended by inserting after section 1860D-11 the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2006), in addition to any plans offered under section 1860D-11, the Secretary shall offer one or more medicare operated prescription drug plans (as defined in subsection (c)) with a service area that consists of the entire United States and shall enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals in accordance with subsection (b). ``(b) Negotiations.--Notwithstanding section 1860D-11(i), for purposes of offering a medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(c) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `medicare operated prescription drug plan' means a prescription drug plan that offers qualified prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A). Such a plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. ``(d) Monthly Beneficiary Premium.-- ``(1) Qualified prescription drug coverage.--The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D- 2(a)(1)(A) to be charged under a medicare operated prescription drug plan shall be uniform nationally. Such premium for months in 2006 shall be $35 and for months in succeeding years shall be based on the average monthly per capita actuarial cost of offering the medicare operated prescription drug plan for the year involved, including administrative expenses. ``(2) Supplemental prescription drug coverage.--Insofar as a medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary may adjust the amount of the premium charged under paragraph (1). ``(3) Requirement for at least one plan with a $35 premium in 2006.--The Secretary shall ensure that at least one medicare operated prescription drug plan offered in 2006 has a monthly premium of $35.''. (b) Conforming Amendments.-- (1) Section 1860D-3(a) of the Social Security Act (42 U.S.C. 1395w-103(a)) is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--A medicare operated prescription drug plan (as defined in section 1860D-11A(c)) shall be offered nationally in accordance with section 1860D- 11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), a medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan for purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (2) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w- 113(c)(3)) is amended-- (A) in the heading, by inserting ``and medicare operated prescription drug plans'' after ``Fallback plans''; and (B) by inserting ``or a medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (3) Section 1860D-16(b)(1) of such Act (42 U.S.C. 1395w- 116(b)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) payments for expenses incurred with respect to the operation of medicare operated prescription drug plans under section 1860D-11A.''. (4) Section 1860D-41(a) of such Act (42 U.S.C. 141(a)) is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(c).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071).

Medicare Prescription Drug Savings and Choice Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to offer one or more Medicare operated prescription drug plans nationally that provide qualified prescription drug coverage and access to negotiated prices. Allows the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage by other prescription drug plans. Requires the Secretary to negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Makes the premium for months in 2006 $35, with a formula for determining premium adjustments in subsequent years.

A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Sensitive Locations Act''. SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE LOCATIONS. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(i)(1) In order to ensure individuals' access to sensitive locations, this subsection shall apply to any enforcement action by-- ``(A) officers or agents of the Department of Homeland Security, including officers and agents of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection; and ``(B) any individual designated to perform immigration enforcement functions pursuant to subsection (g). ``(2)(A) An enforcement action may not take place at, be focused on, or occur within, 1,000 feet of, a sensitive location, except-- ``(i) under exigent circumstances; and ``(ii) if prior approval is obtained. ``(B) If an enforcement action is taking place under exigent circumstances, and the exigent circumstances permitting the enforcement action cease, the enforcement action shall be discontinued until such exigent circumstances reemerge. ``(3)(A) When proceeding with an enforcement action at or near a sensitive location, individuals referred to in subparagraphs (A) and (B) of paragraph (1) shall make every effort-- ``(i) to conduct themselves as discreetly as possible, consistent with officer and public safety; ``(ii) to limit the time spent at the sensitive location; and ``(iii) to limit the enforcement action to the person or persons for whom prior approval was obtained. ``(B) If, in the course of an enforcement action that is not initiated at or focused on a sensitive location, individuals referred to in subparagraphs (A) and (B) of paragraph (1) are led to or near a sensitive location, and no exigent circumstance and prior approval with respect to the sensitive location exists, such individuals shall-- ``(i) cease before taking any further enforcement action; ``(ii) conduct themselves in a discreet manner; ``(iii) maintain surveillance; and ``(iv) immediately consult their supervisor in order to determine whether such enforcement action should be discontinued. ``(C) This section shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or healthcare provider for the purpose of providing such individual medical care. ``(4) If an enforcement action is carried out in violation of this subsection-- ``(A) no information resulting from the enforcement action may be entered into the record or received into evidence in a removal proceeding resulting from the enforcement action; and ``(B) the alien who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding. ``(5)(A) Each official specified in subparagraph (B) shall ensure that the employees under the supervision of such official receive annual training in compliance with the requirements of this subsection and section 239 of this Act and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). ``(B) The officials specified in this subparagraph are the following: ``(i) The Chief Counsel of U.S. Immigration and Customs Enforcement. ``(ii) The Field Office Directors of U.S. Immigration and Customs Enforcement. ``(iii) Each Special Agent in Charge of U.S. Immigration and Customs Enforcement. ``(iv) Each Chief Patrol Agent of U.S. Customs and Border Protection. ``(v) The Director of Field Operations of U.S. Customs and Border Protection. ``(vi) The Director of Air and Marine Operations of U.S. Customs and Border Protection. ``(vii) The Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection. ``(6)(A) The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit to the appropriate committees of Congress each year a report on the enforcement actions undertaken by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, respectively, during the preceding year that were covered by this subsection. ``(B) Each report on an agency for a year under this paragraph shall set forth the following: ``(i) The number of enforcement actions at or focused on a sensitive location. ``(ii) The number of enforcement actions where officers or agents were subsequently led to or near a sensitive location. ``(iii) The date, site, State, and local political subdivision (such as city, town, or county) in which each enforcement action covered by clause (i) or (ii) occurred. ``(iv) The component of the agency responsible for each such enforcement action. ``(v) A description of the intended target of each such enforcement action. ``(vi) The number of individuals, if any, arrested or taken into custody through each such enforcement action. ``(vii) The number of collateral arrests, if any, from each such enforcement action and the reasons for each such arrest. ``(viii) A certification of whether the location administrator was contacted prior to, during, or after each such enforcement action. ``(7) In this subsection: ``(A) The term `appropriate committees of Congress' means-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Homeland Security of the House of Representatives; ``(iv) the Committee on the Judiciary of the House of Representatives; ``(v) the Committee on Appropriations of the House of Representatives; and ``(vi) the Committee on Appropriations of the Senate. ``(B) The term `enforcement action' means an arrest, interview, search, or surveillance for the purposes of immigration enforcement, and includes an enforcement action at, or focused on, a sensitive location that is part of a joint case led by another law enforcement agency. ``(C) The term `exigent circumstances' means a situation involving the following: ``(i) The imminent risk of death, violence, or physical harm to any person, including a situation implicating terrorism or the national security of the United States in some other manner. ``(ii) The immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger or public safety risk. ``(iii) The imminent risk of destruction of evidence that is material to an ongoing criminal case. ``(D) The term `prior approval' means the following: ``(i) In the case of officers and agents of U.S. Immigration and Customs Enforcement, prior written approval for a specific, targeted operation from one of the following officials: ``(I) The Assistant Director of Operations, Homeland Security Investigations. ``(II) The Executive Associate Director of Homeland Security Investigations. ``(III) The Assistant Director for Field Operations, Enforcement, and Removal Operations. ``(IV) The Executive Associate Director for Field Operations, Enforcement, and Removal Operations. ``(ii) In the case of officers and agents of U.S. Customs and Border Protection, prior written approval for a specific, targeted operation from one of the following officials: ``(I) A Chief Patrol Agent. ``(II) The Director of Field Operations. ``(III) The Director of Air and Marine Operations ``(IV) The Internal Affairs Special Agent in Charge. ``(E) The term `sensitive location' includes all of the physical space located within 1,000 feet of the following: ``(i) Any medical treatment or health care facility, including any hospital, doctor's office, accredited health clinic, or emergent or urgent care facility, or community health center. ``(ii) Public and private schools (including pre- schools, primary schools, secondary schools, postsecondary schools (including colleges and universities), and other institutions of learning such as vocational or trade schools). ``(iii) Any scholastic or education-related activity or event, including field trips and interscholastic events. ``(iv) Any school bus or school bus stop during periods when school children are present on the bus or at the stop. ``(v) Locations where emergency services providers provide shelter or food. ``(vi) Locations of any organization that-- ``(I) assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities, including domestic violence shelters, rape crisis centers, supervised visitation centers, family justice centers, and victims services providers; or ``(II) provides disaster or emergency social services and assistance, including, but not limited to, food banks and homeless shelters. ``(vii) Churches, synagogues, mosques, and other places of worship, such as buildings rented for the purpose of religious services. ``(viii) Sites of funerals, weddings, or other public religious ceremonies. ``(ix) Sites during the occurrence of a public demonstration, such as a march, rally, or parade. ``(x) Any Federal, State, or local courthouse, including the office of an individual's legal counsel or representative, and a probation office. ``(xi) Congressional district offices. ``(xii) Public assistance offices. ``(xiii) Social Security offices. ``(xiv) Indoor and outdoor premises of departments of motor vehicles. ``(xv) Such other locations as the Secretary of Homeland Security shall specify for purposes of this subsection.''.

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

Protecting Sensitive Locations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War I American Veterans Centennial Commemorative Coin Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the year 2018 is the 100th anniversary of the signing of the armistice with Germany ending World War I battlefield hostilities; (2) on April 6, 1917, the United States entered World War I by declaring war against Germany; (3) 2,000,000 American soldiers served overseas during World War I; (4) more than 4,000,000 men and women from the United States served in uniform during World War I; (5) the events of 1914 through 1918 shaped the world and the lives of millions of people for decades; (6) more than 9,000,000 soldiers worldwide lost their lives between 1914 and 1918; (7) the centennial of the involvement of the United States in World War I offers an opportunity for people in the United States to commemorate the commitment of their predecessors; (8) Frank Buckles, the last American veteran from World War I, died on February 27, 2011; (9) Mr. Buckles was the last direct American link to the ``war to end all wars''; (10) while other great conflicts, including the Civil War, World War II, the Korean War, and the Vietnam War, have all been memorialized on United States commemorative coins, there currently is no coin to honor the brave veterans of World War I; and (11) the 112th Congress established the World War I Centennial Commission to plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (b) Purposes.--The purposes of this Act are to-- (1) commemorate the centennial of the involvement of the United States in World War I; and (2) honor the more than 4,000,000 men and women from the United States who served during World War I. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins to commemorate the centennial of the involvement of the United States in World War I, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of the involvement of the United States in World War I. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a design competition described in subsection (c). (c) Design Competition.-- (1) In general.--The Secretary shall hold a competition and provide compensation for the winner of the contest to design the obverse and reverse of the coins minted under this Act. (2) Manner of competition.--The competition required by this subsection shall be held in the following manner: (A) The competition shall be judged by an expert jury-- (i) chaired by the Secretary; and (ii) consisting of-- (I) 3 members from the Citizens Coinage Advisory Committee, who shall be elected by the Committee; and (II) 3 members from the Commission of Fine Arts, who shall be elected by the Commission. (B) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (C) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2018, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to the World War I Centennial Commission, consistent with section 8. (c) Unused Funds Upon Termination.--If, upon the termination of the World War I Centennial Commission, there remains a balance of funds from surcharges received from the Secretary pursuant to this section, the Commission shall transfer the funds to the general fund of the Treasury. (d) Audits.--The World War I Commission shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (e) Limitation.-- (1) In general.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of the issuance, the issuance of the coin would result in the number of commemorative coin programs issued during the calendar year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. (2) Guidance.--The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins to commemorate the centennial of the involvement of the United States in World War I, and (2) hold a competition and provide compensation for its winner to design the obverse and reverse of the coins. Requires the design of such coins to be emblematic of the centennial of the involvement of the United States in World War I. Permits the Secretary to issue such coins only during the period beginning on January 1, 2018, and ending on December 31, 2018. Subjects the coin sales to a surcharge of $10 per coin, payable by the Secretary to the World War I Centennial Commission.

World War I American Veterans Centennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Accountability Act''. SEC. 2. GARNISHMENT AUTHORITY. (a) Civil Service Retirement System.--(1) Section 8345(j)(1) of title 5, United States Code, is amended to read as follows: ``(j)(1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of-- ``(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or ``(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.''. (2) Section 8345(j)(2) of title 5, United States Code, is amended by inserting ``other legal process,'' after ``order,''. (3) Section 8345(j)(3) of title 5, United States Code, is amended to read as follows: ``(3) For the purpose of this subsection-- ``(A) the term `court' means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; ``(B) the term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and ``(C) the term `child' means an individual under 18 years of age.''. (b) Federal Employees' Retirement System.--(1) Section 8467(a) of title 5, United States Code, is amended to read as follows: ``(a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of-- ``(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or ``(2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.''. (2) Section 8467(b) of title 5, United States Code, is amended by inserting ``other legal process,'' after ``order,''. (3) Section 8467 of title 5, United States Code, is amended by adding at the end the following: ``(c) For the purpose of this section-- ``(1) the term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and ``(2) the term `child' means an individual under 18 years of age.''. (4) Section 8437(e)(3) of title 5, United States Code, is amended by striking the period at the end of the first sentence and inserting the following: ``or relating to the enforcement of a judgment for physically, sexually, or emotionally abusing a child as provided under section 8467(a).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act, and shall apply with respect to any decree, order, or other legal process, or notice of agreement received by the Office of Personnel Management or the Executive Director of the Federal Retirement Thrift Investment Board on or after such date of enactment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Child Abuse Accountability Act - Amends Federal law regarding Federal employees' pensions to provide for the garnishment of retirement annuities of Federal employees for the enforcement of a court order for the payment of monetary damages to victims of emotional, sexual, or physical child abuse.

Child Abuse Accountability Act

That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 U.S.C. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: ``(3)(A) The Secretary may, in order to-- ``(i) promote development or increased production on producing or non-producing leases; or ``(ii) encourage production of marginal resources on producing or non-producing leases; through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. ``(B)(i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only for actions filed within 30 days of the Secretary's determination or redetermination. ``(iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: ``(I) For new production, as defined in clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. ``(II) For new production, as defined in clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. ``(iv) For purposes of this subparagraph, the term `new production' is-- (I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or (II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. ``(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vii) The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.''. SEC. 3. NEW LEASES. (a) Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1337 (a)(1)), is amended as follows: (1) Redesignate section 8(a)(1)(H) as section 8(a)(1)(I); (2) Add a new section 8(a)(1)(H) as follows: ``(H) cash bonus bid with royalty at no less than 12\1/2\ per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.''. (b) For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: (1) 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters; (2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and (3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. SEC. 4. REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.

Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.

Outer Continental Shelf Deep Water Royalty Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Centers Sustainability Act of 1999''. SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ``(2) the term `private nonprofit organization' means an entity described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code;''; and (2) in subsection (b), by inserting ``nonprofit'' after ``private''. SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF WOMEN'S BUSINESS CENTERS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- (1) by striking subsection (h) and inserting the following: ``(h) Program Examination.-- ``(1) In general.--The Administration shall-- ``(A) develop and implement procedures to annually examine the programs and finances of each women's business center established pursuant to this section, pursuant to which each such center shall provide to the Administration-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the center during the preceding year in order to meet the requirements of subsection (c) and, with respect to any in-kind contributions described in subsection (c)(2) that were used to satisfy the requirements of subsection (c), verification of the existence and valuation of those contributions; and ``(B) analyze the results of each such examination and, based on that analysis, make a determination regarding the viability of the programs and finances of each women's business center. ``(2) Extension of contracts.--In determining whether to extend or renew a contract with a women's business center, the Administration-- ``(A) shall consider the results of the most recent examination of the center under paragraph (1); and ``(B) may withhold such extension or renewal, if the Administration determines that-- ``(i) the center has failed to provide any information required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information provided by the center is inadequate; or ``(ii) the center has failed to provide any information required to be provided by the center for purposes of the report of the Administration under subsection (j), or the information provided by the center is inadequate.''; and (2) by striking subsection (j) and inserting the following: ``(j) Management Report.-- ``(1) In general.--The Administration shall prepare and submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of all projects conducted under this section. ``(2) Contents.--Each report submitted under paragraph (1) shall include information concerning, with respect to each women's business center established pursuant to this section-- ``(A) the number of individuals receiving assistance; ``(B) the number of startup business concerns formed; ``(C) the gross receipts of assisted concerns; ``(D) the employment increases or decreases of assisted concerns; ``(E) to the maximum extent practicable, increases or decreases in profits of assisted concerns; ``(F) documentation detailing the most recent analysis undertaken under subsection (h)(1)(B) and the determinations made by the Administration with respect to that analysis; and ``(G) demographic data regarding the staff of the center.''. SEC. 4. WOMEN'S BUSINESS CENTER SUSTAINABILITY PILOT PROGRAM. (a) In General.--Section 29 of the Small Business Act (15 U.S.C. 656) is amended by adding at the end the following: ``(l) Sustainability Pilot Program.-- ``(1) In general.--There is established a 4-year pilot program under which the Administration is authorized to make grants (referred to in this section as `sustainability grants') on a competitive basis for an additional 5-year project under this section to any private nonprofit organization (or a division thereof)-- ``(A) that has received financial assistance under this section pursuant to a grant, contract, or cooperative agreement; and ``(B) that-- ``(i) is in the final year of a 5-year project; or ``(ii) to the extent that amounts are available for such purpose under subsection (k)(4)(B), has completed a project financed under this section (or any predecessor to this section) and continues to provide assistance to women entrepreneurs. ``(2) Conditions for participation.--In order to receive a sustainability grant, an organization described in paragraph (1) shall submit to the Administration an application, which shall include-- ``(A) a certification that the applicant-- ``(i) is a private nonprofit organization; ``(ii) employs a full-time executive director or program manager to manage the women's business center for which a grant is sought; and ``(iii) as a condition of receiving a sustainability grant, agrees-- ``(I) to an annual examination by the Administration of the center's programs and finances; and ``(II) to the maximum extent practicable, to remedy any problems identified pursuant to that examination; ``(B) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center site for which a sustainability grant is sought, including the ability to raise financial resources; ``(C) information relating to assistance provided by the women's business center site for which a sustainability grant is sought in the area in which the site is located, including-- ``(i) the number of individuals assisted; ``(ii) the number of hours of counseling, training, and workshops provided; and ``(iii) the number of startup business concerns formed; ``(D) information demonstrating the effective experience of the applicant in-- ``(i) conducting financial, management, and marketing assistance programs, as described in paragraphs (1), (2), and (3) of subsection (b), designed to impart or upgrade the business skills of women business owners or potential owners; ``(ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; ``(iii) using resource partners of the Administration and other entities, such as universities; ``(iv) complying with the cooperative agreement of the applicant; and ``(v) prudently managing finances and staffing, including the manner in which the performance of the applicant compared to the business plan of the applicant and the manner in which grants made under subsection (b) were used by the applicant; and ``(E) a 5-year plan that demonstrates the ability of the women's business center site for which a sustainability grant is sought-- ``(i) to serve women business owners or potential owners in the future by improving fundraising and training activities; and ``(ii) to provide training and services to a representative number of women who are both socially and economically disadvantaged. ``(3) Review of applications.-- ``(A) In general.--The Administration shall-- ``(i) review each application submitted under paragraph (2) based on the information provided under subparagraphs (D) and (E) of that paragraph, and the criteria set forth in subsection (f); and ``(ii) approve or disapprove applications for sustainability grants simultaneously with applications for grants under subsection (b). ``(B) Data collection.--Consistent with the annual report to Congress under subsection (j), each women's business center site that receives a sustainability grant shall, to the maximum extent practicable, collect the information relating to-- ``(i) the number of individuals assisted; ``(ii) the number of hours of counseling and training provided and workshops conducted; ``(iii) the number of startup business concerns formed; ``(iv) any available gross receipts of assisted concerns; and ``(v) the number of jobs created, maintained, or lost at assisted concerns. ``(C) Record retention.--The Administration shall maintain a copy of each application submitted under this subsection for not less than 10 years. ``(4) Non-federal contribution.-- ``(A) In general.--Notwithstanding any other provision of this section, as a condition of receiving a sustainability grant, an organization described in paragraph (1) shall agree to obtain, after its application has been approved under paragraph (3) and notice of award has been issued, cash and in-kind contributions from non-Federal sources for each year of additional program participation in an amount equal to 1 non-Federal dollar for each Federal dollar. ``(B) In-kind contributions.--Not more than 50 percent of the non-Federal assistance obtained for purposes of subparagraph (A) may be in the form of in- kind contributions that exist only as budget line items, including such contributions of office equipment and office space. ``(5) Timing of requests for proposals.--In carrying out this subsection, the Administration shall issue requests for proposals for women's business centers applying for the pilot program under this subsection simultaneously with requests for proposals for grants under subsection (b).''. (b) Authorization of Appropriations.--Section 29(k) of the Small Business Act (15 U.S.C. 656(k)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--There is authorized to be appropriated, to remain available until the expiration of the pilot program under subsection (l)-- ``(A) $12,000,000 for fiscal year 2000; ``(B) $12,800,000 for fiscal year 2001; ``(C) $13,700,000 for fiscal year 2002; and ``(D) $14,500,000 for fiscal year 2003.''; (2) in paragraph (2)-- (A) by striking ``Amounts made'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), amounts made''; and (B) by adding at the end the following: ``(B) Exception.--Of the total amount made available under this subsection for a fiscal year, the following amounts shall be available for costs incurred in connection with the selection of applicants for assistance under this subsection and with monitoring and oversight of the program authorized under this subsection: ``(i) For fiscal year 2000, 2 percent of such total amount. ``(ii) For fiscal year 2001, 1.9 percent of such total amount. ``(iii) For fiscal year 2002, 1.9 percent of such total amount. ``(iv) For fiscal year 2003, 1.6 percent of such total amount.''; and (3) by adding at the end the following: ``(4) Reservation of funds for sustainability pilot program.-- ``(A) In general.--Of the total amount made available under this subsection for a fiscal year, the following amounts shall be reserved for sustainability grants under subsection (l): ``(i) For fiscal year 2000, 17 percent of such total amount. ``(ii) For fiscal year 2001, 18.8 percent of such total amount. ``(iii) For fiscal year 2002, 30.2 percent of such total amount. ``(iv) For fiscal year 2003, 30.2 percent of such total amount. ``(B) Use of unawarded reserve funds.-- ``(i) Sustainability grants to other centers.--Of amounts reserved under subparagraph (A), the Administration shall use any funds that remain available after making grants in accordance with subsection (l) to make grants under such subsection to women's business center sites that have completed a project financed under this section (or any predecessor to this section) and that continue to provide assistance to women entrepreneurs. ``(ii) Additional grants.--The Administration shall use any funds described in clause (i) that remain available after making grants under such clause to make grants to additional women's business center sites, or to increase the grants to existing women's business center sites, under subsection (b).''. (c) Guidelines.--Not later than 30 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue guidelines to implement the amendments made by this section. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 1999. Passed the House of Representatives October 19, 1999. Attest: JEFF TRANDAHL, Clerk.

(Sec. 3) Directs the Small Business Administration (SBA) to: (1) perform an annual examination of the programs and finances of each women's business center; and (2) determine the viability of each center after such examination. Requires a report from the SBA to the congressional small business committees on the effectiveness of all projects conducted under the women's business centers program. (Sec. 4) Establishes a four-year pilot program under which the SBA is authorized to make grants on a competitive basis to organizations that have received assistance for participation in the women's business centers program and that: (1) are in the final year of a five-year project; or (2) have completed a financed project and continue to provide assistance to women entrepreneurs. Outlines grant participation conditions, including certification that the organization is private and nonprofit and submission of a five-year plan that demonstrates the organization's ability to serve women business owners or potential owners and to provide training and services to women who are both socially and economically disadvantaged. Outlines matching fund requirements and application procedures. Authorizes appropriations for FY 2000 through 2003 for the pilot program, earmarking specified amounts for administrative costs related to the selection of grant participants and sustainability grants.

Women's Business Centers Sustainability Act of 1999

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``College Fire Prevention Act''. (b) Findings.--The Congress finds the following: (1) On Wednesday, January 19, 2000, a fire occurred at a Seton Hall University dormitory. Three male freshmen, all 18 years of age, died. Fifty-four students, 2 South Orange firefighters, and 2 South Orange police officers were injured. The dormitory was a 6-story, 350-room structure built in 1952, that housed approximately 600 students. It was equipped with smoke alarms but no fire sprinkler system. (2) On Mother's Day 1996 in Chapel Hill, North Carolina, a fire in the Phi Gamma Delta Fraternity House killed 5 college juniors and injured 3. The 3-story plus basement fraternity house was 70 years old. The National Fire Protection Association identified several factors that contributed to the tragic fire, including the lack of fire sprinkler protection. (3) It is estimated that between 1980 and 1998, an average of 1,800 fires at dormitories, fraternities, and sororities, involving 1 death, 70 injuries, and $8,000,000 in property damage were reported to public fire departments. (4) Within dormitories, fraternities, and sororities the leading cause of fires is arson or suspected arson. The second leading cause of college building fires is cooking. The third leading cause is smoking. (5) New dormitories are generally required to have advanced safety systems such as fire sprinklers. But such requirements are rarely imposed retroactively on existing buildings. (6) In 1998, 93 percent of the campus building fires reported to fire departments occurred in buildings where there were smoke alarms present. However, only 34 percent had fire sprinklers present. SEC. 2. ESTABLISHMENT OF FIRE SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM. (a) Grants.--The Secretary of Education (in this Act referred to as the ``Secretary''), in consultation with the United States Fire Administration, shall establish a demonstration program to award grants on a competitive basis to eligible entities for the purpose of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. (b) Eligible Entity.--For purposes of this Act, the term ``eligible entity'' means any of the following: (1) An accredited public or private institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (2) An accredited historically Black college or university (as that term is used in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)). (3) An accredited Hispanic-serving institution (as that term is defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a)). (4) An accredited Tribally Controlled College or University (as that term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)). (5) A social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at an accredited institution of higher education. (c) Selection Priority.--In making grants under subsection (a), the Secretary shall give priority to eligible entities that demonstrate the greatest financial need. (d) Reservations.--Of the amount made available to the Secretary for grants under this section for each fiscal year, the Secretary shall award-- (1) not less than 10 percent to eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and Tribally Controlled Colleges and Universities; and (2) not less than 10 percent to eligible entities that are social fraternities and sororities. (e) Application.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (f) Matching Requirement.--As a condition on receipt of a grant under subsection (a), the applicant shall provide (directly or through donations from public or private entities) non-Federal matching funds in an amount equal to not less than 50 percent of the cost of the activities for which assistance is sought. (g) Limitation on Administrative Expenses.--Not more than 10 percent of a grant made under subsection (a) may be expended for administrative expenses with respect to the grant. (h) Reports.--Not later than 12 months after the date of the first award of a grant under this section and annually thereafter until completion of the program, the Secretary shall provide to the Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this section. (2) The amounts of such assistance, the amounts and sources of non-Federal funding leveraged for activities under grants under this section, and any other relevant financial information. (3) The number and types of student housing fitted with fire suppression or prevention technologies with assistance under this section, and the number of students protected by such technologies. (4) The types of fire suppression or prevention technologies installed with assistance under this section, and the costs of such technologies. (5) Identification of Federal and State policies that present impediments to the development and installation of fire suppression or prevention technologies. (6) Any other information determined by the Secretary to be useful to evaluating the overall effectiveness of the program established under this section in improving the fire safety of student housing. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2004 through 2008. At the end of fiscal year 2008, all unobligated appropriations authorized under this subsection shall revert to the general fund of the Treasury. SEC. 3. ADMISSIBILITY AS EVIDENCE. (a) Prohibition.--Notwithstanding any other provision of law and subject to subsection (b), any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (b) Exception.--This section does not apply to the admission of an application, determination, or statement described in subsection (a) as evidence in a proceeding to enforce an agreement entered into between the Secretary of Education and an eligible entity under section 2.

College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities.Requires grant priority to be given eligible entities that demonstrate the greatest financial need.Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and Tribally Controlled Colleges and Universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities.Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act).

To establish a demonstration incentive program within the Department of Education to promote installation of fire sprinkler systems, or other fire suppression or prevention technologies, in qualified student housing and dormitories, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in America Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Research and development performed in the United States results in quality jobs, better and safer products, increased ownership of technology-based intellectual property, and higher productivity in the United States. (2) The extent to which companies perform and increase research and development activities in the United States is in part dependent on Federal tax policy. (3) Congress should make permanent a research and development credit that provides a meaningful incentive to all types of taxpayers. SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. ALTERNATIVE SIMPLIFIED CREDIT FOR QUALIFIED RESEARCH EXPENSES. (a) In General.--Subsection (c) of section 41 of the Internal Revenue Code of 1986 (relating to base amount) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) Election of alternative simplified credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under subsection (a)(1) shall be equal to 12 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Special rule in case of no qualified research expenses in any of 3 preceding taxable years.-- ``(i) Taxpayers to which subparagraph applies.--The credit under this paragraph shall be determined under this subparagraph if the taxpayer has no qualified research expenses in any 1 of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(ii) Credit rate.--The credit determined under this subparagraph shall be equal to 6 percent of the qualified research expenses for the taxable year. ``(C) Election.--An election under this paragraph shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary. An election under this paragraph may not be made for any taxable year to which an election under paragraph (4) applies.'' (b) Coordination With Election of Alternative Incremental Credit.-- (1) In general.--Section 41(c)(4)(B) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``An election under this paragraph may not be made for any taxable year to which an election under paragraph (5) applies.'' (2) Transition rule.--In the case of an election under section 41(c)(4) of the Internal Revenue Code of 1986 which applies to the taxable year which includes the date of the enactment of this Act, such election shall be treated as revoked with the consent of the Secretary of the Treasury if the taxpayer makes an election under section 41(c)(5) of such Code (as added by subsection (a)) for such year. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Investment in America Act of 2003 - Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Increases the alternative incremental credit rates. Provides an alternative credit for qualified research expenses.

A bill to amend the Internal Revenue Code of 1986 to permanently extend the research credit, to increase the rates of the alternative incremental credit, and to provide an alternative simplified credit for qualified research expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scientific Integrity Act''. SEC. 2. DEFINITION OF FEDERAL AGENCY. In this Act, the term ``Federal agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code. SEC. 3. SENSE OF CONGRESS ON SCIENTIFIC INTEGRITY. It is the sense of Congress that-- (1) independent, impartial science and the scientific process should inform and guide public policy decisions on a wide range of issues, including improvement of public health, protection of the environment, and protection of national security; (2) the public must be able to trust the science and scientific process informing public policy decisions; (3) science, the scientific process, and the communication of science should be free from political, ideological, or financial influence; and (4) policies and procedures that ensure the reliable conduct and communication of publicly funded science are critical to ensuring public trust. SEC. 4. PUBLIC COMMUNICATIONS. Except as provided in section 552(b) of title 5, United States Code, the head of each Federal agency that funds or conducts scientific research shall-- (1) promote and maximize the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist employed or contracted by a Federal agency that funds or conducts scientific research; and (2) prevent the intentional or unintentional suppression or distortion of the data and findings described in paragraph (1). SEC. 5. PRINCIPLES. Section 1009(a) of the America COMPETES Act (42 U.S.C. 6620(a)) is amended to read as follows: ``(a) Principles.-- ``(1) In general.--Not later than 30 days after the date of enactment of the Scientific Integrity Act, the Director of the Office of Science and Technology Policy, in consultation with the head of each Federal agency that funds or conducts scientific research, shall develop and issue an overarching set of principles-- ``(A) to ensure the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist employed or contracted by a Federal agency that funds or conducts scientific research; and ``(B) to prevent the intentional or unintentional suppression or distortion of the data or findings described in subparagraph (A). ``(2) Exchange of data and findings.--In order to promote the sharing of data and findings, as appropriate, the principles shall-- ``(A) encourage the open exchange of data and findings of research undertaken by a scientist employed or contracted by a Federal agency that funds or conducts scientific research; ``(B) be consistent with existing Federal laws, including chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act'); and ``(C) take into consideration the policies of peer- reviewed scientific journals in which Federal scientists may currently publish findings.''. SEC. 6. SCIENTIFIC INTEGRITY POLICIES. (a) In General.--Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is amended by striking subsection (b) and inserting the following: ``(b) Scientific Integrity Policies.--Not later than 90 days after the date of enactment of the Scientific Integrity Act, the head of each Federal agency that funds or conducts scientific research shall-- ``(1) develop and enforce a scientific integrity policy, including procedures, regarding the release of data and findings to other agencies, policymakers, and the public of research conducted by a scientist employed or contracted by that Federal agency; and ``(2) submit the scientific integrity policy to the Director of the Office of Science and Technology Policy and Congress. ``(c) Requirements.--A scientific integrity policy under subsection (b) shall-- ``(1) be consistent with the principles established under subsection (a); ``(2) specifically address what is and what is not permitted or recommended under that policy, including procedures; ``(3) be specifically designed for the Federal agency; ``(4) be applied uniformly throughout the Federal agency; and ``(5) be widely communicated and readily accessible to the public and all employees and contractors of the Federal agency. ``(d) Contents.--At a minimum, each scientific integrity policy under subsection (b) shall ensure that-- ``(1) the scientific conclusions and personnel actions regarding scientists are not made based on political considerations; ``(2) the selection and retention of candidates for science and technology positions in the Federal agency are based primarily on the candidate's expertise, scientific credentials, experience, and integrity; ``(3) scientists adhere to the highest ethical standards of honesty and professionalism in conducting their research and disseminating their findings; ``(4) the appropriate rules, procedures, and safeguards are in place to ensure the integrity of the scientific process within the Federal agency, including procedures-- ``(A) that allow for a scientist to review public release of materials that cite work from that scientist or otherwise claim to represent the scientist's scientific opinion; and ``(B) to identify, evaluate the merits of, and address instances in which the scientific process or the integrity of scientific and technological information may be compromised; ``(5) scientific or technological information considered in policy decisions is subject to well-established scientific processes, including peer review where appropriate; ``(6) except as provided in section 552(b) of title 5, United States Code, each Federal agency makes publicly available scientific or technological findings that are considered or relied upon in policy decisions and regulatory proposals; ``(7) technical staff are able to ensure the technical content of scientific documents, reports, press releases, and fact sheets accurately represents the relevant scientific data and conclusions; and ``(8) procedures, including any applicable whistleblower protections, are in place as are necessary to ensure the integrity of scientific and technological information and processes on which the Federal agency relies in its decisionmaking or otherwise uses. ``(e) Application.--A scientific integrity policy shall apply to each employee or contractor who conducts, handles, communicates, or supervises federally funded scientific research for the Federal agency or for a federally funded research and development center sponsored by the Federal agency. ``(f) Dissemination of Scientific Integrity Policies and Procedures.--The head of each Federal agency that funds or conducts scientific research shall-- ``(1) make the scientific integrity policy available to the public on the Federal agency's website; ``(2) disseminate the scientific integrity policy to each new employee and contractor; and ``(3) develop and require training on the scientific integrity policy for each employee or contractor who conducts, handles, communicates, or supervises scientific research for the Federal agency. ``(g) Definition of Federal Agency.--In this section, the term `Federal agency' has the meaning given the term `agency' in section 551(1) of title 5, United States Code.''. (b) Existing Scientific Integrity Policies.--Notwithstanding section 1009(b) of the America COMPETES Act (42 U.S.C. 6620(b)), as amended by this Act, a scientific integrity policy that was in effect on the day before the date of enactment of this Act may satisfy the requirements of section 1009 of that Act if the head of a Federal agency that funds or conducts scientific research-- (1) makes a written determination that the policy satisfies the requirements of that section; and (2) submits the written determination and the policy to the Director of the Office of Science and Technology Policy and Congress. SEC. 7. NAPA REVIEW. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall enter into an agreement with the National Academy of Public Administration-- (1) to study the effectiveness of the scientific integrity policies under section 1009 of the America COMPETES Act (42 U.S.C. 6620), as added by section 6 of this Act-- (A) in promoting the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by scientists employed or contracted by a Federal agency; and (B) in preventing the intentional or unintentional suppression or distortion of the data and findings described in subparagraph (A); and (2) to recommend any improvements to the scientific integrity policies to achieve the purposes described in subparagraphs (A) and (B) of paragraph (1).

Scientific Integrity Act This bill requires, subject to the exemptions for disclosures of information under the Freedom of Information Act, each federal agency that funds or conducts scientific research to: (1) promote and maximize the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist employed or contracted by such an agency; and (2) prevent the intentional or unintentional suppression or distortion of such data and findings. The bill amends the America COMPETES Act to revise provisions relating to the release of data and results of research conducted by scientists employed at all federal civilian agencies that fund or conduct scientific research. Each federal agency that funds or conducts scientific research shall: (1) develop and enforce a specified scientific integrity policy, including procedures, regarding the release of data and findings to other agencies, policymakers, and the public of research conducted by a scientist employed or contracted by that agency; and (2) submit it to Congress and the Office of Science and Technology Policy (OSTP). Such a policy shall apply to employees and contractors who conduct, handle, communicate, or supervise federally funded scientific research for a federal agency or for a federally funded research and development center sponsored by that agency. A federal agency that funds or conducts scientific research shall: (1) disseminate its policy to new employees and contractors, and (2) develop and require training on its policy for employees and contractors regarding scientific research for that agency. The OSTP shall enter into an agrement with the National Academy of Public Administration to study the effectiveness of the scientific integrity policies developed pursuant to this bill.

Scientific Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Improper Payments Coordination Act of 2015''. SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND LEGISLATIVE BRANCHES AND STATES. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in subsection (b)(3)-- (A) in the paragraph heading, by striking ``by agencies''; (B) by striking ``For purposes'' and inserting the following: ``(A) In general.--For purposes''; and (C) by adding at the end the following: ``(B) Other entities.--States and any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code), shall have access to, and use of, the Do Not Pay Initiative for the purpose of verifying payment or award eligibility for payments (as defined in section 2(g)(3) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) when, with respect to a State, the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for that State and any contractor, subcontractor, or agent of the State, and, with respect to the judicial and legislative branches of the United States, when the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for the judicial branch or the legislative branch, as applicable. ``(C) Consistency with privacy act of 1974.--To ensure consistency with the principles of section 552a of title 5, United States Code (commonly known as the `Privacy Act of 1974'), the Director of the Office of Management and Budget may issue guidance that establishes privacy and other requirements that shall be incorporated into Do Not Pay Initiative access agreements with States, including any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States.''; and (2) in subsection (d)(2)-- (A) in subparagraph (B), by striking ``and'' after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (C) the following: ``(D) may include States and their quasi-government entities, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code) as users of the system in accordance with subsection (b)(3).''. SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in section 5(a)(2), by striking subparagraph (A) and inserting the following: ``(A) The death records maintained by the Commissioner of Social Security.''; and (2) by adding at the end the following: ``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING IMPROPER PAYMENTS. ``(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.--Not later than 1 year after the date of enactment of this section, the Secretary of State and the Secretary of Defense shall establish a procedure under which each Secretary shall, promptly and on a regular basis, submit information relating to the deaths of individuals to each agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary. ``(b) Guidance to Agencies Regarding Data Access and Use for Improper Payments Purposes.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Do Not Pay Initiative under section 5 to-- ``(A) the Department of the Treasury; and ``(B) each agency or component of an agency-- ``(i) that operates or maintains a database of information described in section 5(a)(2); or ``(ii) for which the Director determines improved data matching would be relevant, necessary, or beneficial. ``(2) Requirements.--The guidance issued under paragraph (1) shall-- ``(A) address the implementation of subsection (a); and ``(B) include the establishment of deadlines for access to and use of the databases described in section 5(a)(2) under the Do Not Pay Initiative.''. SEC. 4. DATA ANALYTICS. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at the end the following: ``(h) Report on Improper Payments Data Analysis.--Not later than 180 days after the date of enactment of the Federal Improper Payments Coordination Act of 2015, the Secretary of the Treasury shall submit to Congress a report which shall include a description of-- ``(1) data analytics performed as part of the Do Not Pay Business Center operated by the Department of the Treasury for the purpose of detecting, preventing, and recovering improper payments through preaward, postaward prepayment, and postpayment analysis, which shall include a description of any analysis or investigations incorporating-- ``(A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; ``(B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and ``(C) review of other information the Secretary of the Treasury determines could prove effective for identifying, preventing, or recovering improper payments, which may include investigation or review of information from multiple Federal agencies or programs; ``(2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and ``(3) the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on July 28, 2015. Federal Improper Payments Coordination Act of 2015 (Sec. 2) Amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to extend the availability of the Do Not Pay Initiative to states, any contractor, subcontractor, or agent of a state, and the judicial and legislative branches of the United States. Authorizes the Office of Management and Budget (OMB) to issue guidance for establishing privacy and other requirements for incorporation into Do Not Pay Initiative access agreements with states and judicial and legislative branches. (Sec. 3) Modifies such Act to require each federal agency to review the death records maintained by the Social Security Administration (SSA) (currently, the Death Master File of SSA). Directs the Departments of Defense and State to establish a procedure for submitting information on the deaths of individuals to federal agencies promptly and on a regular basis. Requires the OMB and the heads of other relevant governmental entities to issue guidance on the implementation of the Do Not Pay Initiative to the Department of the Treasury and each agency and component of an agency: (1) that operates or maintains a database of information; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Directs Treasury to submit a report to Congress that describes: (1) data analytics performed as part of the Do Not Pay Business Center operated by Treasury, (2) metrics used in determining whether analytic and investigatory efforts have reduced improper payments or awards, and (3) the target dates for implementing the data analytics operations.

Federal Improper Payments Coordination Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Reform Act''. SEC. 2. ADEQUATE YEARLY PROGRESS. (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (C)(vii)-- (A) by striking ``such as''; (B) by inserting ``such as measures of individual or cohort growth over time based on the academic assessments implemented in accordance with paragraph (3),'' after ``described in clause (v),''; and (C) by striking ``attendance rates,''; and (2) in subparagraph (D)-- (A) by striking clause (ii); (B) by striking ``the State'' and all that follows through ``ensure'' and inserting ``the State shall ensure''; and (C) by striking ``; and'' and inserting a period. (b) Academic Assessment and Local Educational Agency and School Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ``, except that'' and all that follows through ``action or restructuring''. SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. ``(a) Grant Authority.--The Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies-- ``(1) to develop or increase the capacity of data systems for accountability purposes; and ``(2) to award subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring adequate yearly progress. ``(b) Priority.--In awarding grants under this section the Secretary shall give priority to State educational agencies that have created, or are in the process of creating, a growth model or proficiency index as part of their adequate yearly progress determination. ``(c) State Use of Funds.--Each State that receives a grant under this section shall use-- ``(1) not more than 20 percent of the grant funds for the purpose of increasing the capacity of, or creating, State databases to collect information related to adequate yearly progress; and ``(2) not less than 80 percent of the grant funds to award subgrants to local educational agencies within the State to enable the local educational agencies to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--Each local educational agency that receives a subgrant under this section shall use the subgrant funds to increase the capacity of the local educational agency to upgrade databases or create unique student identifiers for the purpose of measuring adequate yearly progress, by-- ``(1) purchasing database software or hardware; ``(2) hiring additional staff for the purpose of managing such data; ``(3) providing professional development or additional training for such staff; and ``(4) providing professional development or training for principals and teachers on how to effectively use such data to implement instructional strategies to improve student achievement. ``(e) State Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) LEA Application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each such application shall include, at a minimum, a demonstration of the local educational agency's ability to put such a database in place. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $80,000,000 for each of fiscal years 2006, 2007, and 2008.'' SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES. (a) Targeting Transfer Options and Supplemental Services.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in subsection (b)(1), by adding at the end the following: ``(G) Maintenance of least restrictive environment.--A student who is eligible to receive services under the Individuals with Disabilities Education Act and who uses the option to transfer under subparagraph (E), paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be placed and served in the least restrictive environment appropriate, in accordance with the Individuals with Disabilities Education Act.''; (3) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (4) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (b) Student Already Transferred.--A student who transfers to another public school pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the effective date of this section and the amendments made by this section, may continue enrollment in such public school after the effective date of this section and the amendments made by this section. (c) Effective Date.--This section and the amendments made by this section shall be effective for each fiscal year for which the amount appropriated to carry out title I of the Elementary and Secondary Education Act of 1965 for the fiscal year, is less than the amount authorized to be appropriated to carry out such title for the fiscal year. SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS. Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``and'' after the semicolon; and (3) by adding at the end the following: ``(III) in the case of a middle school teacher, passing a State approved middle school generalist exam when the teacher receives the teacher's license to teach middle school in the State; ``(IV) obtaining a State social studies certificate that qualifies the teacher to teach history, geography, economics, and civics in middle or secondary schools, respectively, in the State; or ``(V) obtaining a State science certificate that qualifies the teacher to teach earth science, biology, chemistry, and physics in middle or secondary schools, respectively, in the State; and''.

No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to include measures of individual or cohort growth over time in determining whether students are making adequate yearly progress (AYP) toward state academic performance standards. Eliminates the consideration of student attendance rates. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive: (1) grants to state educational agencies to develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize states to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.

A bill to improve the No Child Left Behind Act of 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Escapement of Genetically Altered Salmon in the United States Act''. SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON. (a) Prohibition.--It shall be unlawful for a person-- (1) to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; (2) to have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; (3) to release a covered fish into a natural environment; or (4) to have custody, control, or possession of a covered fish with the intent to release it into a natural environment. (b) Exception.--Subsection (a) shall not apply to a fish, fish part, or product-- (1) under confined use, or intended for confined use, for scientific research; (2) collected for the purpose of enforcing this Act; or (3) if the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Director of the U.S. Fish and Wildlife Service and any other Federal, State, or tribal entity the Under Secretary considers appropriate, reviews any application requesting an action by a department or agency of the Federal government to permit an act prohibited under subsection (a), including any environmental assessment prepared as part of that application, and-- (A) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) finds the application to be consistent with an environmental impact statement prepared by the Under Secretary in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) that includes-- (i) an environmental risk analysis that assesses the potential direct and indirect impacts from escapement of covered fish on wild and cultured fish stocks and environments that may be exposed to such covered fish; (ii) a failure mode and effects analysis that quantitatively assesses the best- and worst-case probabilities of failure of each applicable confinement technique; (iii) an assessment of the costs of control or eradication of escaped covered fish; and (iv) an assessment of the potential economic damage in terms of loss of production or sales to relevant wild and cultured fish stocks and environments from the escapement of covered fish. (c) Environmental Impact Considerations.-- (1) Notice.--Each agency, department, or other unit of the Federal government shall promptly notify the Under Secretary of Commerce for Oceans and Atmosphere when an action involving covered fish, or a product containing covered fish is first identified. (2) Ensuring compliance.--The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with each Federal, State, or tribal entity that the Under Secretary considers appropriate, may monitor any mitigation measures proposed under subsection (b)(3) to ensure implementation and compliance therewith. (3) Provisions as complementary.--The provisions of this Act are in addition to, and shall not affect the operation of, other Federal, State, or local laws regulating a covered fish, or a product containing covered fish. (d) Rules and Regulations.--The Secretary shall prescribe such rules and regulations as the Secretary considers necessary to carry out the provisions of this Act. SEC. 3. ENFORCEMENT AND PENALTIES. (a) Enforcement.--The Secretary of Commerce may enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). (b) Penalties.--A person who violates section 2 shall be subject to the penalties, and entitled to the privileges and immunities, under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS. Not later than 180 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives the report under section 1007 of the Food and Drug Administration Amendments Act of 2007 (21 U.S.C. 2106). SEC. 5. DEFINITIONS. In this Act: (1) Confined use.--The term ``confined use'' means any operation, undertaken within a secured, land-based facility, that involves a covered fish controlled by specific measures that effectively prevent the covered fish from having contact with and impact on the external environment, including biological and physical confinement measures. (2) Covered fish.--The term ``covered fish'' means a salmon or other anadromous or marine fish, live or dead, including the gametes, fertilized eggs, offspring, and descendants thereof, that is modified or produced through the application of recombinant deoxyribonucleic acid (DNA) technologies, using DNA from an organism's own genome or that of another species, which overcome natural physiological reproductive barriers and which are not techniques used in traditional breeding and selection. (3) Finding of no significant impact.--The term ``finding of no significant impact'' has the meaning given the term in section 1508.13 of title 40, Code of Federal Regulations. (4) Product.--The term ``product'' means an item manufactured or produced for sale or use as food.

Prevention of Escapement of Genetically Altered Salmon in the United States Act - Prohibits a person from: (1) shipping, transporting, offering for sale, selling, or purchasing a covered fish, or a food product containing such fish, in interstate or foreign commerce; (2) having custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase such fish or food products, in interstate or foreign commerce; (3) releasing such fish into a natural environment; or (4) having custody, control, or possession of such fish with the intent to release it into a natural environment. Defines "covered fish" as a salmon or other anadromous or marine fish (live or dead, including the gametes, fertilized eggs, offspring, and descendants) that is modified or produced through the application of recombinant deoxyribonucleic acid (DNA) technologies, using DNA from an organism's own genome or that of another species, which overcome natural physiological reproductive barriers and which are not techniques used in traditional breeding and selection. Exempts from such prohibitions fish, fish parts, or products confined for scientific research or collected to enforce this Act. Sets forth an additional exception if the Under Secretary of Commerce for Oceans and Atmosphere, upon reviewing any application requesting a federal agency to permit activity prohibited by this Act: (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Directs each federal agency to promptly notify the Under Secretary when an action involving such covered fish or food products is first identified. Authorizes the Secretary of Commerce to enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.

Prevention of Escapement of Genetically Altered Salmon in the United States Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consortia-Led Energy and Advanced Manufacturing Networks Act''. SEC. 2. DEFINITIONS. In this Act: (1) Clean technology.--The term ``clean technology'' means a technology, production process, or methodology that-- (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; (G) enhances water security through improved water management, conservation, distribution, or end use applications; or (H) addresses challenges in advanced manufacturing and supply chain integration related to a technology, production process, or methodology described in subparagraphs (A) through (G). (2) Advanced manufacturing.--The term ``advanced manufacturing''-- (A) means a family of activities that-- (i) depend on the use and coordination of information, automation, computation, software, sensing, and networking; or (ii) make use of cutting edge materials and emerging capabilities enabled by the physical or biological sciences, including nanotechnology, chemistry, and biology; and (B) includes both new ways to manufacture existing products and the manufacture of new products emerging from new advanced technologies. (3) Cluster.--The term ``cluster'' means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies and advanced manufacturing whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers. (4) Consortium.--The term ``consortium'' means a clean technology consortium established in accordance with this Act. (5) Project.--The term ``project'' means an activity with respect to which a consortium provides support under this Act. (6) Qualifying entity.--The term ``qualifying entity'' means-- (A) a research university; (B) a Federal or State institution with a focus on developing clean technologies or clusters; or (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Translational research.--The term ``translational research'' means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application. SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM. (a) In General.--The Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies. (b) Program.--The Secretary shall carry out the program established under subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other participants in technology innovation-- (1) to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and (2) to develop and accelerate the commercial application of innovative clean technologies. (c) Role of the Secretary.--The Secretary shall-- (1) carry out and oversee all aspects of the program established under subsection (a); (2) select recipients of grants for the establishment and operation of consortia through a competitive selection process; and (3) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually-- (A) issuing guidance regarding national clean technology development priorities and strategic objectives; and (B) convening a conference relating to clean technology, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. (d) Role of Consortia.--The consortia shall-- (1) promote new innovative clean technologies that have demonstrated interest and potential for commercialization; (2) expand advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth; (3) promote job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies; (4) provide technical or financial assistance to companies looking to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs; (5) determine opportunities and challenges that companies are facing and how to improve their use or production of clean technologies; (6) equip individual small- and medium-sized enterprises with the capacity and agility to change through the adoption and utilization of new clean technologies and related business practices; (7) accelerate investment in and deployment of clean technologies through public-private partnerships; (8) encourage partnering between and among emerging and established clean technology and advanced manufacturing enterprises; and (9) demonstrate a comprehensive and successful model for commercialization of clean technologies for promotion and emulation. SEC. 4. APPLICATIONS. (a) In General.--To receive a grant under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary. (b) Eligibility.--A consortium shall be eligible to receive a grant under this Act if-- (1) the consortium consists of-- (A) 1 or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (B) a total of 5 or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (2) the members of the consortium have established a binding agreement that documents-- (A) the structure of the partnership agreement; (B) a governance and management structure that enables cost-effective implementation of the program; (C) a conflicts-of-interest policy, including procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (D) an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and (E) the existence of an external advisory committee; (3) the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (4) the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and (5) the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization. (c) Disqualification.--The Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts-of-interest policy of the consortium is inadequate. (d) External Advisory Committees.-- (1) In general.--To be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (2) Duties.--An external advisory committee shall-- (A) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (B) ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium. (3) Members.--An external advisory committee shall consist of-- (A) representatives of the members of the consortium; and (B) such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary. (4) Secretary as member.--The Secretary shall join the external advisory committee of a consortium that receives a grant under this Act. SEC. 5. GRANTS. (a) In General.--The Secretary shall award grants, on a competitive basis, to 6 or more consortia. (b) Terms.-- (1) In general.--The initial term of a grant awarded under this Act shall not exceed 5 years. (2) Extension.--The Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years. (c) Amounts.-- (1) In general.--A grant awarded to a consortium under this Act shall not exceed the lesser of-- (A) $30,000,000 per fiscal year; or (B) the collective contributions of non-Federal entities to the consortium, as described under section 4(b)(3). (2) Flexibility.--In determining the amount of a grant under this section, the Secretary shall consider-- (A) the translational research capacity of the consortium; (B) the financial, human, and facility resources of the qualifying entities; and (C) the cluster of which the consortium is a part. (3) Increases in amounts.--Subject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant. (d) Use of Amounts.-- (1) In general.--Subject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (2) Project selection.--As a condition of receiving a grant under this Act, a consortium shall-- (A) develop and make available to the public on the Web site of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (B) establish policies-- (i) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (ii) to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and (iii) to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (C) oversee project solicitations, review proposed projects, and select projects for awards; and (D) monitor project implementation. (3) Limitations.-- (A) Administrative expenses.--A consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses. (B) Prohibition on use.--A consortium may not use any amounts awarded to the consortium under this Act to construct a new building or facility. (e) Audits.-- (1) In general.--A consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report.--The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review.--As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to congress.--The Secretary shall submit to Congress annually a report that includes-- (A) a copy of each audit carried out under paragraph (1); and (B) any recommendations of the Secretary relating to the clean technology consortia program. (f) Revocation of Awards.--The Secretary shall have the authority-- (1) to review grants awarded under this Act; and (2) to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000.

Consortia-Led Energy and Advanced Manufacturing Networks Act - Directs the Department of Commerce to carry out a program to establish clean technology consortia to enhance U.S. economic, environmental, and energy security by promoting domestic development, manufacture, and deployment of clean technologies, production processes, or methodologies that: produce energy from renewable energy sources; transmit, distribute, or store energy more efficiently; enhance energy efficiency for buildings and industry; enable the development of a Smart Grid (an electric power system to maintain a reliable and secure electricity infrastructure that can meet future demand growth, including by deploying demand-side resources that enable consumers to reduce or shift their electricity usage during peak periods); produce an advanced or sustainable material with energy or energy efficiency applications; improve energy efficiency for transportation, including electric vehicles; or enhance water security through improved water management, conservation, distribution, or end use applications. Requires Commerce to award grants for the establishment and operation of consortia. Establishes the role of consortia, including promoting new innovative clean technologies, providing technical or financial assistance, and accelerating investment in and deployment of clean technologies through public-private partnerships.

Consortia-Led Energy and Advanced Manufacturing Networks Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Watermelon Research and Promotion Improvement Act of 1993''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Change to majority vote in referendum procedures. Sec. 3. Expansion of watermelon plans to entire United States. Sec. 4. Clarification of differences between producers and handlers. Sec. 5. Clarification of collection of assessments by the board. Sec. 6. Changes to assessment rate not subject to formal rulemaking. Sec. 7. Elimination of watermelon assessment refund. Sec. 8. Equitable treatment of watermelon plans. Sec. 9. Separate consideration of watermelon plan amendments. SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES. Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C. 4912) is amended-- (1) by inserting ``(a)'' after ``Sec. 1653.''; (2) by striking the third sentence; and (3) inserting at the end the following new subsection: ``(b) A plan issued under this subtitle shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers if subject to the plan) voting in the referendum.''. SEC. 3. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES. (a) Definitions.--Section 1643 of the Watermelon Research and Promotion Act (7 U.S.C. 4902(3)) is amended-- (1) in paragraph (3), by striking ``the forty-eight contiguous States of''; and (2) by adding at the end the following new paragraph: ``(10) The term `United States' means each of the several States and the District of Columbia.''. (b) Issuance of Plans.--The last sentence of section 1644 of such Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous States of''. SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS. Section 1647(c) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(c)) is amended by adding at the end the following: ``(3) If a producer purchases watermelons from other producers, in a combined total volume that is equal to 25 percent or more of the producer's own production, the producer shall be eligible to serve on the Board only as a representative of handlers and not as a representative of producers.''. SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD. Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C. 4906) is amended-- (1) in subsection (f), by striking ``collection of the assessments by the Board'' and inserting ``payment of the assessments to the Board.''; and (2) in paragraphs (1) and (3) of subsection (g), by striking ``collected'' and inserting ``received''. SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING. Section 1647(f) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(f)), as amended by section 5(1), is further amended by adding at the end the following new sentences: ``In fixing or changing the rate of assessment pursuant to the plan, the Secretary shall comply with the notice and comment procedures established under section 553 of title 5, United States Code. Sections 556 and 557 of such title shall not apply with respect to fixing or changing the rate of assessment.''. SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND. Section 1647(h) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(h)) is amended-- (1) by inserting ``(1) Except as provided in paragraph (2)'' after ``(h)''; and (3) by adding at the end the following new paragraph: ``(2) If approved in the referendum required by section 1655(b) relating to the elimination of the assessment refund under paragraph (1), the Secretary shall amend the plan which is in effect on the day before the date of the enactment of the Watermelon Research and Promotion Improvement Act of 1993 to eliminate such refund provision.''. SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS. (a) Definitions.--Section 1643 of the Watermelon Research and Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further amended-- (1) in paragraph (3), by striking the semicolon at the end and inserting the following: ``or imported into the United States.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (5) the following new paragraphs: ``(6) The term `importer' means any person who imports watermelons into the United States. ``(7) The term `plan' means an order issued by the Secretary under this subtitle.''. (b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903), as amended by section 3(b), is further amended-- (1) in the first sentence, by striking ``and handlers'' and inserting ``, handlers, and importers''; (2) by striking the second sentence; and (3) in the last sentence, by inserting ``or imported into the United States'' before the period. (c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C. 4904(a)) is amended-- (1) in the first sentence, by striking ``and handlers'' and inserting ``, handlers, and importers''; and (2) in the last sentence, by striking ``or handlers'' and inserting ``, handlers, or importers''. (d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C. 4906(c)), as amended by section 4, is further amended-- (1) by inserting ``(1)'' after ``(c)''; (2) in the second sentence, by striking ``producer and handler members'' and inserting ``other members''; and (3) by adding at the end the following new paragraph: ``(2) If importers are subject to the plan, the Board shall also include a single representative of importers who shall be appointed by the Secretary from nominations submitted by importers in such manner as may be prescribed by the Secretary. If importers are subject to the plan and fail to select a nominee for appointment to the Board, the Secretary may appoint any importer as the representative of importers.''. (e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)), as amended by section 5(2), is further amended-- (1) in paragraph (4)-- (A) by striking ``(4) assessments'' and inserting ``(4) Assessments''; and (B) by inserting ``in the case of producers and handlers'' after ``such assessments''; and (2) by adding at the end the following new paragraph: ``(5) If importers are subject to the plan, an assessment shall also be made on watermelons imported into the United States by such importers. The rate of assessment for importers (if subject to the plan) shall be equal to the combined rate for producers and handlers.''. (f) Refunds.--Section 1647(h) of such Act (7 U.S.C. 4906(h)), as amended by section 7, is further amended-- (1) by inserting after ``or handler'' the first two places it appears the following: ``(or importer if subject to the plan)''; and (2) by striking ``or handler'' the last place it appears and inserting ``, handler, or importer''. (g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C. 4908) is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``(a)''; and (B) by adding at the end the following new paragraph: ``(2) If importers are subject to the plan, each importer required to pay assessments under the plan shall be responsible for payment to the Board, as it may direct, of the assessment. The assessment on imported watermelons shall be equal to the combined rate for domestic producers and handlers and shall be paid by the importer to the Board at the time of the entry of the watermelons into the United States. Each such importer shall maintain a separate record including the total quantity of watermelons imported into the United States that are included under the terms of the plan, as well as those that are exempt under such plan, and shall indicate such other information as may be prescribed by the Board. No more than one assessment shall be made on any imported watermelons.''; (2) in subsection (b), by inserting ``and importers'' after ``Handlers''; and (3) in subsection (c)(1), by inserting ``or importers'' after ``handlers''. (h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a)) is amended-- (1) in the first sentence, by striking ``a handler or any other person'' by inserting ``a person''; (2) in the fourth sentence, by inserting ``(or an importer if subject to the plan)'' after ``a handler''; and (3) in the last sentence, by striking ``the handler or other person'' and inserting ``the person''. (i) Referendum.--Section 1653 of such Act (7 U.S.C. 4912), as amended by section 2, is further amended-- (1) in the first sentence-- (A) by striking ``and handlers'' both places it appears and inserting ``, handlers, and importers''; and (B) by striking ``or handling'' and inserting ``, handling, or importing''; and (2) in the fourth sentence-- (A) by striking ``or handler'' and inserting ``, handler, or importer''; and (B) by striking ``or handled'' and inserting ``, handled, or imported''. (j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C. 4913(b)) is amended-- (1) in the first sentence-- (A) by striking ``10 per centum or more'' and inserting ``at least 10 percent of the combined total''; and (B) by striking ``and handlers'' both places it appears and inserting ``, handlers, and importers''; and (2) in the second sentence-- (A) by striking ``or handle'' and inserting ``, handle, or import''; (B) by striking ``50 per centum'' and inserting ``50 percent of the combined total''. (C) by striking ``or handled by the handlers,'' and inserting ``, handled by the handlers, and imported by the importers''. (k) Conforming and Technical Amendments.--Such Act is further amended-- (1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by striking ``and handling'' and inserting ``handling, and importing''; (2) in the first sentence of section 1642(b) (7 U.S.C. 4901(b))-- (A) by inserting ``, or imported into the United States,'' after ``harvested in the United States''; and (B) by striking ``produced in the United States''; (3) in section 1643 (7 U.S.C. 4902), as amended by subsection (a) and section 3-- (A) by striking ``subtitle--'' and inserting ``subtitle:''; (B) in paragraphs (1), (2), (3), (4), and (5), by striking ``the term'' and inserting ``The term''; (C) in paragraphs (1), (2), (4), and (5), by striking the semicolon at the end and inserting a period; (D) in paragraph (8), as redesignated by subsection (a)(2)-- (i) by striking ``the term'' and inserting ``The term''; and (ii) by striking ``; and'' and inserting a period; and (E) in paragraph (9), as redesignated by subsection (a)(2)-- (i) by striking ``the term'' and inserting ``The term''; and (ii) by striking ``1644'' and inserting ``1647''; and (4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by subsection (e) and section 5(2)-- (A) by striking ``that--'' and inserting ``the following:''; (B) in paragraph (1)-- (i) by striking ``(1) funds'' and inserting ``(1) Funds''; and (ii) by striking the semicolon at the end and inserting a period; (C) in paragraph (2)-- (i) by striking ``(2) no'' and inserting ``(2) No''; and (ii) by striking the semicolon at the end and inserting a period; (D) in paragraph (3)-- (i) by striking ``(3) no'' and inserting ``(3) No''; and (ii) by striking ``; and'' and inserting a period. SEC. 9. SEPARATE CONSIDERATION OF WATERMELON PLAN AMENDMENTS. Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C. 4914) is amended-- (1) by inserting ``(a)'' before ``The provisions''; and (2) by adding at the end the following new subsections: ``(b) The amendments described in subsection (c) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to section 1653 before the Secretary alters the plan as in effect on the day before the date of the enactment of such Act. ``(c) The amendments referred to in subsection (b) are those amendments required under-- ``(1) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and ``(2) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan. ``(d) When conducting the referendum relating to subjecting importers to the terms and conditions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments are approved.''.

Watermelon Research and Promotion Improvement Act of 1993 - Amends the Watermelon Research and Promotion Act to extend its provisions to each of the States and the District of Columbia. Authorizes the revocation of the watermelon assessment refund. Revises provisions regarding: (1) handler and producer National Watermelon Promotion Board membership; (2) assessment rates; and (3) referendum procedures.

Watermelon Research and Promotion Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year 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 project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of 75 percent of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year, ``(C) the rate of operations provided for in the House or Senate passed appropriation bill for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version, ``(D) the rate provided in the budget submission of the President under section 1105(a) of title 31, United States Code, for the fiscal year in question, or ``(E) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be, or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, 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 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 Department of 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.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (c) Protection of Other Obligations.--Nothing in the amendments made by this section shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. SEC. 3. EFFECTIVE DATE AND SUNSET. (a) Effective Date.--The amendments made by this Act shall apply with respect to fiscal years beginning with fiscal year 1998. (b) Sunset.--The amendments made by this Act shall sunset and have no force or effect 5 years after the date of enactment of this Act.

Government Shutdown Prevention Act - Amends Federal law relating to appropriations to provide for continuing appropriations in the absence of regular appropriations. Limits such continuing appropriations to 75 percent of the current rate of operations or a lower rate determined according to specified requirements.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act Amendments of 2007''. SEC. 2. REDESIGNATIONS. The Hydrographic Services Improvement Act of 1998 is amended by redesignating sections 302 through 306 (33 U.S.C. 892d) as sections 303 through 307, respectively. SEC. 3. ADDITION OF FINDINGS AND PURPOSES. The Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.) is amended by inserting a new section 302 as follows: ``SEC. 302. FINDINGS AND PURPOSES ``(a) Findings.--The Congress finds that-- ``(1) in 2007, the Nation celebrates the 200th anniversary of its oldest scientific agency, the Survey of the Coast, which was authorized by Congress and created by President Thomas Jefferson in 1807 to conduct surveys of the coast and provide nautical charts for safe passage through the Nation's ports and along its extensive coastline; ``(2) these mission requirements and capabilities, which today are located in the National Oceanic and Atmospheric Administration, evolved over time to include research, development, operations, products, and services associated with hydrographic, geodetic, shoreline and baseline surveying; cartography, mapping, and charting; tides, currents, and water level observations; maintenance of a national spatial reference system, and associated products and services; ``(3) there is a need to maintain federal expertise and capability in hydrographic data and services to support a safe and efficient marine transportation system for the enhancement and promotion of international trade and interstate commerce vital to the Nation's economic prosperity and for myriad other commercial and recreational activities; ``(4) the Nation's marine transportation system is becoming increasingly congested, the volume of international maritime commerce is expected to double within the next 20 years, and nearly half of the cargo transiting U.S. waters is oil, refined petroleum products, or other hazardous substances; ``(5) in addition to commerce, hydrographic data and services support other national needs for the Great Lakes and coastal waters, the territorial sea, the Exclusive Economic Zone, and the continental shelf of the United States, including emergency response; homeland security; marine resource conservation; coastal resiliency to sea-level rise, coastal inundation, and other hazards; ocean and coastal science advancement; and improved and integrated ocean and coastal mapping and observations for an integrated ocean observing system; ``(6) the National Oceanic and Atmospheric Administration, in cooperation with other agencies and the States, serves as the Nation's leading civil authority for establishing and maintaining national standards and datums for hydrographic data and services; ``(7) the Director of the National Oceanic and Atmospheric Administration's Office of Coast Survey serves as the U.S. National Hydrographer and the primary U.S. representative to the international hydrographic community, including the International Hydrographic Organization; ``(8) the hydrographic expertise, data, and services of the National Oceanic and Atmospheric Administration provide the underlying and authoritative basis for baseline and boundary demarcation, including the establishment of marine and coastal territorial limits and jurisdiction, such as the Exclusive Economic Zone; and ``(9) research, development and application of new technologies will further increase efficiency, promote the Nation's competitiveness, provide social and economic benefits, enhance safety and environmental protection, and reduce risks. ``(b) Purposes.--The purposes of this Act are to-- ``(1) augment the ability of the National Oceanic and Atmospheric Administration to fulfill its responsibilities under this and other authorities; ``(2) provide more accurate and up-to-date hydrographic data and services in support of safe and efficient international trade and interstate commerce, including hydrographic surveys; electronic navigational charts; real-time tide, water level, and current information and forecasting; shoreline surveys; and geodesy and three-dimensional positioning data; ``(3) support homeland security, emergency response, ecosystem approaches to marine management, and coastal resiliency by providing hydrographic data and services with many other useful operational, scientific, engineering, and management applications, including storm surge, tsunami, coastal flooding, erosion, and pollution trajectory monitoring, predictions, and warnings; marine and coastal geographic information systems; habitat restoration; long-term sea-level trends; and more accurate environmental assessments and monitoring; ``(4) promote improved integrated ocean and coastal mapping and observations through increased coordination and cooperation; ``(5) provide for and support research and development in hydrographic data, services and related technologies to enhance the efficiency, accuracy and availability of hydrographic data and services and thereby promote the Nation's scientific and technological competitiveness; and ``(6) provide national and international leadership for hydrographic and related services, sciences, and technologies.''. SEC. 4. CHANGES IN DEFINITIONS. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892), as redesignated by section 2, is amended-- (1) by amending paragraph (3) to read as follows: ``(3) Hydrographic data.--The term `hydrographic data' means information acquired through hydrographic, bathymetric, or shoreline surveying; geodetic, geospatial, or geomagnetic measurements; tide, water level, and current observations, or other methods, that is used in providing hydrographic services.''; (2) by amending paragraph (4)(A) to read as follows: ``(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;''; and ``(3) by amending paragraph (5) to read as follows: ``(5) Coast and Geodetic Survey Act.--The term `Coast and Geodetic Survey Act' means the Act entitled `An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.).''. SEC. 5. CHANGES IN FUNCTIONS OF THE ADMINISTRATOR. Section 304 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a), as redesignated by section 2, is amended-- (1) in subsection (a)-- (A) in the stem by striking ``To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947,'' and inserting ``To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act,''; (B) in paragraph (1) by striking ``data;'' and inserting ``data and provide hydrographic services;''; (2) by amending subsection (b) to read as follows: ``(b) Authorities.--To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act, subject to the availability of appropriations-- ``(1) the Administrator may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services; ``(2) the Administrator shall design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; ``(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, the Administrator may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources; ``(4) where appropriate, the Administrator may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining Mission Assignments as defined in section 741 of title 6, United States Code; ``(5) the Administrator shall have the authority to create, support and maintain such joint centers, and to enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this Act; and ``(6) notwithstanding paragraph (5), the Administrator may award contracts for the acquisition of hydrographic data in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.).''. SEC. 6. CHANGES TO QUALITY ASSURANCE PROGRAM. Section 305 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892b), as redesignated by section 2, is amended in subsections (b)(1)(A) and (b)(2) by striking ``303(a)(3)'' and inserting ``304(a)(3)''. SEC. 7. CHANGES IN HYDROGRAPHIC SERVICES REVIEW PANEL. Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c), as redesignated by section 2, is amended-- (1) in subsection (b)(1) by striking ``303'' and inserting ``304''; (2) by amending subsection (c)(1)(A) to read as follows: ``(A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co- directors of the Joint Hydrographic Institute and no more than two employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields relating to hydrographic data and hydrographic services, as defined in this Act, and other disciplines as determined appropriate by the Administrator.''; (3) in subsections (c)(1)(C), (c)(3), and (e) by striking ``Secretary'' and inserting ``Administrator''; and (4) by amending subsection (d) to read as follows: ``(d) Compensation.--Voting members of the panel shall be reimbursed for actual and reasonable expenses, such as travel and per diem, incurred in the performance of such duties.''. SEC. 8. CHANGES TO AUTHORIZATION OF APPROPRIATIONS. Section 307 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d), as redesignated by section 2, is amended to read as follows: ``There are authorized to be appropriated to the Administrator $168,771,000 in fiscal year 2008 and thereafter such sums as may be necessary for each of fiscal years 2009 through 2012 for the purposes of carrying out this Act.''.

Hydrographic Services Improvement Act Amendments of 2007 - Amends the Hydrographic Services Improvement Act of 1998 to set forth findings and purposes for the Act. Revises the definitions of "hydrographic data" and "hydrographic services" to include shoreline surveying and water level observations. Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to promote safe, efficient, and environmentally sound marine transportation and to provide hydrographic services. Revises the Administrator's authorities, including providing hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs. Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel.

A bill to reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Justice Reauthorization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the American Journal of Public Health, at least 10 percent of older Americans experience elder abuse. (2) Victims of elder financial abuse are estimated to lose at least $2.9 billion a year. (3) Victims of elder abuse are three times more likely to end up in a hospital and four times more likely to end up in a nursing home than nonvictims. (4) Adult protective services which operate in all 50 States to help prevent elder abuse and investigate cases have no dedicated Federal funding or any designated Federal agency home. (5) Underreporting of elder abuse cases, especially financial abuse, remains a major issue combined with a dearth of comprehensive and reliable data which collectively leads to a vast underestimation of the real amount of elder abuse in the Nation. (6) Differences in State laws and practices in the areas of abuse, neglect, and exploitation of older adults lead to significant disparities in prevention, protective and social services, treatment systems, and law enforcement, and lead to other inequities. (7) Starting with the 1974 enactment of the Child Abuse Prevention and Treatment Act, the Federal Government has played an important role in promoting research, training, public safety, data collection, the identification, development, and dissemination of promising health care, social, and protective services, and law enforcement practices, relating to child abuse and neglect, domestic violence, and violence against women. The Federal Government should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. (8) The Federal Government should provide leadership to assist States and communities in their efforts to prevent elder abuse, including the promotion of coordinated planning between all levels of government and nongovernment entities and generating and sharing knowledge relevant to protecting elders. (9) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that-- (A) recognizes the statutory role of State and local adult protective services and long-term care ombudsman programs to respond to elder abuse; (B) integrates the work of health, legal, and social service agencies and organizations; (C) emphasizes the need for prevention, detection, reporting, investigation, assessment and treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; (D) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to treat, assess, and provide services related to elder abuse, neglect, and exploitation, and carry out elder protection duties; (E) ensures there is cultural competency to address the unique needs of a diverse older adult population with respect to elder abuse; and (F) balances an elder's right to self-determination with society's responsibility to protect elders. (10) The future well-being of millions of older adults may be challenged by elder abuse and a coordinated and comprehensive Federal response is needed. Elder abuse prevention is a sound investment that can produce savings to the Medicare and Medicaid programs in the future. (11) A victim of elder abuse is never the same after being victimized. SEC. 3. REAUTHORIZATION OF THE ELDER JUSTICE ACT OF 2009. (a) Amendments to the Social Security Act.-- (1) Each of the following provisions of the Social Security Act is amended by striking ``2014'' and inserting ``2019'': (A) Section 2024(2) (42 U.S.C. 1397k-3(2)). (B) Section 2042(a)(2) (42 U.S.C. 1397m-1(a)(2)). (C) Section 2042(b)(5) (42 U.S.C. 1397m-1(b)(5)). (D) Section 2042(c)(5) (42 U.S.C. 1397m-1(c)(5)). (E) Section 2043(b)(2) (42 U.S.C. 1397m-2(b)(2)). (2) Each of the following provisions of the Social Security Act is amended by striking ``and 2014'' and inserting ``through 2019'': (A) Section 2031(f)(3) (42 U.S.C. 1397l(f)(3)). (B) Section 2041(d)(3) (42 U.S.C. 1397m(d)(3)). (C) Section 2043(a)(2)(C) (42 U.S.C. 1397m- 2(a)(2)(C)). (3) Section 2045 of the Social Security Act (42 U.S.C. 1397m-4) is amended by striking ``October 1, 2014'' and inserting ``2 years after the completion of grants made to States under section 2042''. (b) Amendments to the Patient Protection and Affordable Care Act.-- Section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i-3a(b)) is amended in each of paragraphs (1)(C) and (2)(C), by striking ``2014'' and inserting ``2019''.

Elder Justice Reauthorization Act Reauthorizes the Elder Justice Act of 2009 and funding for its programs through FY2019. Amends the Patient Protection and Affordable Care Act to reauthorize through FY2019: (1) the National Training Institute for Federal and State Surveyors, and (2) grants by the Secretary of Health and Human Services to state agencies that perform surveys of skilled nursing facilities or nursing facilities.

Elder Justice Reauthorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act'' or the ``PHIT Act.'' SEC. 2. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Section 213(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Section 213(d) of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid for-- ``(i) membership at a fitness facility, ``(ii) participation or instruction in a program of physical exercise or physical activity, or ``(iii) safety equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Dollar limitations.-- ``(i) Overall limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $500 (twice such amount in the case of a joint return or a head of household (as defined in section 2(b))). ``(ii) Safety equipment.--The amount treated as qualified sports and fitness expenses with respect to any item of safety equipment described in subparagraph (A)(iii) shall not exceed $250. ``(C) Certain exclusions.-- ``(i) In general.--Golf, hunting, sailing, and horseback riding shall not be treated as a physical exercise or physical activity. ``(ii) Exercise videos, etc.--Qualified sports and fitness expenses shall not include videos, books, or similar materials. ``(D) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise or physical activity, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer facilities for any activity described in subparagraph (C)(i), ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with applicable State and Federal anti- discrimination laws. ``(E) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component. ``(F) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2019, the $500 amount in subparagraph (B)(i) and the $250 amount in subparagraph (B)(ii) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2018' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

Personal Health Investment Today Act or the PHIT Act This bill amends the Internal Revenue Code to allow a medical care tax deduction for qualified sports and fitness expenses. The deduction applies to amounts paid for: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) safety equipment for use in a physical exercise or activity program. The overall deduction is limited to $500 per year (twice the amount in the case of a joint return or a head of household), and a deduction for safety equipment may not exceed $250. The bill requires the limits to be adjusted for inflation after 2019. The deduction does not include expenses for golf, hunting, sailing, horseback riding, and videos or books.

Personal Health Investment Today Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered energy-related rule.--The term ``covered energy-related rule'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for that regulation by States or other governmental entities; and (B) is estimated by the Administrator or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) Direct costs.--The term ``direct costs'' has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (4) Indirect costs.--The term ``indirect costs'' has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (5) Rule.--The term ``rule'' has the meaning given the term in section 551 of title 5, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator shall not promulgate as final any covered energy-related rule if the Secretary determines under section 4(d) that the rule will result in significant adverse effects to the economy. SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. (a) In General.--Before promulgating as final any covered energy- related rule, the Administrator shall carry out the activities described in subsections (c) through (d). (b) Report to Congress.--For each covered energy-related rule, the Administrator shall submit to Congress a report (and transmit a copy to the Secretary) containing-- (1) a copy of the rule; (2) a concise general statement relating to the rule; (3) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (4) an estimate of-- (A) the total benefits of the rule; and (B) when those benefits are expected to be realized; (5) a description of the modeling, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under paragraph (4); (6) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (7) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (c) Initial Determination on Increases and Impacts.--The Secretary, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the covered energy-related rule will cause-- (1) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (2) any impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability; (3) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (4) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (d) Subsequent Determination on Adverse Effects to the Economy.--If the Secretary determines, under subsection (c), that the rule will result in an increase, impact, or effect described in that subsection, then the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (1) determine whether the rule will result in significant adverse effects to the economy, taking into consideration-- (A) the costs and benefits of the rule and limitations in calculating those costs and benefits due to uncertainty, speculation, or lack of information; and (B) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (2) publish the results of that determination in the Federal Register.

Energy Consumers Relief Act of 2013 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion if the Secretary of Energy (DOE) determines that the rule will result in significant adverse effects to the economy. Requires the Administrator, for each such rule, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary: (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will result in significant adverse effects to the economy and publish such determination in the Federal Register.

Energy Consumers Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Multifamily Rental Housing Loan Guarantee Demonstration Act''. SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. Title V of the Housing Act of 1949 is amended by adding at the end the following new section: ``SEC. 543. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS. ``(a) Authority.--The Secretary may make commitments to guarantee eligible loans for the development costs of eligible housing and related facilities, and may guarantee such eligible loans, in accordance with this section. ``(b) Extent of Guarantee.--A guarantee made under this section shall guarantee repayment of an amount not exceeding 90 percent of the unpaid principal and interest of the loan for which the guarantee is made. The liability of the United States under any guarantee under this section shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation. ``(c) Eligible Borrowers.--A loan guaranteed under this section may be made to a nonprofit organization, an agency or body of any State government or political subdivision thereof, or a private entity. ``(d) Eligible Housing.--A loan may be guaranteed under this section only if the loan is used for the development costs of housing and related facilities (as such terms are defined in section 515(e)) that-- ``(1) consists of 5 or more adequate dwellings; ``(2) is available for occupancy only by low or moderate income families or persons, whose incomes at the time of initial occupancy do not exceed 115 percent of the median income of the area, as determined by the Secretary; ``(3) will remain available as provided in paragraph (2), according to such binding commitments as the Secretary may require, for the period of the original term of the loan guaranteed, unless the Secretary waives the applicability of such requirement for the loan; and ``(4) is located in a rural area. A low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 may be provided in connection with housing developed using amounts from a loan guaranteed under this section, but only if such housing complies with the requirements under such Code for such a credit. ``(e) Eligible Lenders.-- ``(1) Requirement.--A loan may be guaranteed under this subsection only if the loan is made by a lender that the Secretary determines-- ``(A) meets the qualifications, and has been approved by the Secretary of Housing and Urban Development, to make loans for multifamily housing that are to be insured under the National Housing Act; ``(B) meets the qualifications, and has been approved by the Federal National Mortgage Association, to make loans for multifamily housing that are to be sold to such corporation; ``(C) meets the qualifications, and has been approved by the Federal Home Loan Mortgage Corporation, to make loans for multifamily housing that are to be sold to such Corporation; or ``(D) meets any qualifications that the Secretary may, by regulation, establish for participation of lenders in the loan guarantee program under this section. ``(2) Eligibility list and annual audit.--The Secretary shall establish a list of eligible lenders and shall annually conduct an audit of each lender included in the list for purposes of determining whether such lender continues to be an eligible lender. ``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection shall-- ``(1) provide for complete amortization by periodic payments to be made for a term not to exceed 40 years; ``(2) involve a rate of interest agreed upon by the borrower and the lender that does not exceed the maximum allowable rate established by the Secretary for purposes of this section and is fixed over the term of the loan; ``(3) involve a principal obligation (including initial service charges, appraisal, inspection, and other fees as the Secretary may approve) not to exceed-- ``(A) in the case of a borrower that is a nonprofit organization or an agency or body of any State or local government, 97 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; ``(B) in the case of a borrower that is a for- profit entity not referred to in subparagraph (A), 90 percent of the development costs of the housing and related facilities or the value of the housing and facilities, whichever is less; and ``(C) in the case of any borrower, for such part of the property as may be attributable to dwelling use, the applicable maximum per unit dollar amount limitations under section 207(c) of the National Housing Act; and ``(4) be secured by a first mortgage on the housing and related facilities for which the loan is made, or otherwise, as the Secretary may determine necessary to ensure repayment of the obligation. ``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed under this section, the Secretary may collect from the lender a fee equal to not more than 1 percent of the principal obligation of the loan. ``(h) Authority for Lenders to Issue Certificates of Guarantee.-- The Secretary may authorize certain eligible lenders to determine whether a loan meets the requirements for guarantee under this section and, subject to the availability of authority to enter into guarantees under this section, execute a firm commitment for a guarantee binding upon the Secretary and issue a certificate of guarantee evidencing a guarantee, without review and approval by the Secretary of the specific loan. The Secretary may establish standards for approving eligible lenders for a delegation of authority under this subsection. ``(i) Payment Under Guarantee.-- ``(1) Notice of default.--In the event of default by the borrower on a loan guaranteed under this section, the holder of the guarantee certificate for the loan shall provide written notice of the default to the Secretary. ``(2) Foreclosure.--After receiving notice under paragraph (1) and providing written notice of action under this paragraph to the Secretary, the holder of the guarantee certificate for the loan may initiate foreclosure proceedings for the loan in a court of competent jurisdiction, in accordance with regulations issued by the Secretary, to obtain possession of the security property. After the court issues a final order authorizing foreclosure on the property, the holder of the certificate shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)) upon (A) conveyance to the Secretary of title to the security property, (B) submission to the Secretary of a claim for payment under the guarantee, and (C) assignment to the Secretary of all the claims of the holder of the guarantee against the borrower or others arising out of the loan transaction or foreclosure proceedings, except claims released with the consent of the Secretary. ``(3) Assignment by secretary.--After receiving notice under paragraph (1), the Secretary may accept assignment of the loan if the Secretary determines that the assignment is in the best interests of the United States. Assignment of a loan under this paragraph shall include conveyance to the Secretary of title to the security property, assignment to the Secretary of all rights and interests arising under the loan, and assignment to the Secretary of all claims against the borrower or others arising out of the loan transaction. Upon assignment of a loan under this paragraph, the holder of a guarantee certificate for the loan shall be entitled to payment by the Secretary under the guarantee (in the amount provided under subsection (b)). ``(4) Requirements.--Before any payment under a guarantee is made under paragraph (2) or (3), the holder of the guarantee certificate shall exhaust all reasonable possibilities of collection on the loan guaranteed. Upon payment, in whole or in part, to the holder, the note or judgment evidencing the debt shall be assigned to the United States and the holder shall have no further claim against the borrower or the United States. The Secretary shall then take such action to collect as the Secretary determines appropriate. ``(j) Violation of Guarantee Requirements by Lenders Issuing Guarantees.-- ``(1) Indemnification.--If the Secretary determines that a loan guaranteed by an eligible lender pursuant to delegation of authority under subsection (h) was not originated in accordance with the requirements under this section and the Secretary pays a claim under the guarantee for the loan, the Secretary may require the eligible lender authorized under subsection (h) to issue the guarantee certificate for the loan-- ``(A) to indemnify the Secretary for the loss, if the payment under the guarantee was made within a reasonable period specified by the Secretary; or ``(B) to indemnify the Secretary for the loss regardless of when payment under the guarantee was made, if the Secretary determines that fraud or misrepresentation was involved in connection with the origination of the loan. ``(2) Termination of authority to issue guarantees.--The Secretary may cancel a delegation of authority under subsection (h) to an eligible lender if the Secretary determines that the lender has violated the requirements and procedures for guaranteed loans under this section or for other good cause. Any such cancellation shall be made by giving notice to the eligible lender and shall take effect upon receipt of the notice by the mortgagee or at a later date, as the Secretary may provide. A decision by the Secretary to cancel a delegation shall be final and conclusive and shall not be subject to judicial review. ``(k) Refinancing.--Any loan guaranteed under this section may be refinanced and extended in accordance with terms and conditions that the Secretary shall prescribe, but in no event for an additional amount or term that exceeds the limitations under subsection (f). ``(l) Nonassumption.--The borrower under a loan that is guaranteed under this section and under which any portion of the principal obligation or interest remains outstanding may not be relieved of liability with respect to the loan, notwithstanding the transfer of property for which the loan was made. ``(m) Geographical Targeting.-- ``(1) Study.--The Secretary shall provide for an independent entity to conduct a study to determine the extent to which borrowers in the United States will utilize loan guarantees under this section and the rural areas in the United States in which borrowers can best utilize and most need loans guaranteed under this section. The Secretary shall require the independent entity conducting the study to submit a report to the Secretary and to the Congress describing the results of the study not later than the expiration of the 90-day period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act. ``(2) Targeting.--In providing loan guarantees under this section, the Secretary shall establish standards to target and give priority to rural areas in which borrowers can best utilize and most need loans guaranteed under this section, as determined by the Secretary based on the results of the study under paragraph (1) and any other information the Secretary considers appropriate. ``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c) shall not apply to guarantees, or loans guaranteed, under this section. ``(o) Housing Standards.--The standards established under section 515(m) for housing and related facilities assisted under section 515 shall apply to housing and related facilities the development costs of which are financed in whole or in part with a loan guaranteed under this section. ``(p) Limitation on Commitments to Guarantee Loans.-- ``(1) Requirement of appropriations.--The authority of the Secretary to enter into commitments to guarantee loans under this section, and to guarantee loans, shall be effective for any fiscal year only to the extent or in such amounts as are or have been provided in appropriations Acts for such fiscal year. ``(2) Limitation on outstanding aggregate principal amount.--Subject to the limitation in paragraph (1), the Secretary may enter into commitments to guarantee loans under this section having an aggregate outstanding principal amount not exceeding $200,000,000 in each of fiscal years 1995 and 1996. ``(q) Report.-- ``(1) In general.--The Secretary shall submit a report to the Congress, not later than the expiration of the 2-year period beginning on the date of the enactment of the Rural Multifamily Rental Housing Loan Guarantee Demonstration Act, describing the program under this section for guaranteeing loans. ``(2) Contents.--The report shall-- ``(A) describe the types of borrowers providing housing with loans guaranteed under this section, the areas served by the housing provided and the geographical distribution of the housing, the levels of income of the residents of the housing, the number of dwelling units provided, the extent to which borrowers under such loans have obtained other financial assistance for development costs of housing provided with the loans, and the extent to which borrowers under such loans have used low-income housing tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with the housing provided with the loans; ``(B) analyze the financial viability of the housing provided with loans guaranteed under this section and the need for project-based rental assistance for such housing; ``(C) include any recommendations of the Secretary for expanding or improving the program under this section for guaranteeing loans; and ``(D) include any other information regarding the program for guaranteeing loans under this section that the Secretary considers appropriate. ``(r) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(1) The term `development cost' has the meaning given the term in section 515(e). ``(2) The term `eligible lender' means a lender determined by the Secretary to meet the requirements of subparagraph (A), (B), (C), or (D) of subsection (e)(1). ``(3) The terms `housing' and `related facilities' have the meanings given such terms in section 515(e). ``(s) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 1995 and 1996 such sums as may be necessary for costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees made under this section. ``(t) Termination Date.--A loan may not be guaranteed under this section after September 30, 1996.''.

Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee the repayment of loans made by private lenders for the development costs of multifamily rental housing for low- and moderate-income rural families. Permits a low-income housing tax credit under the Internal Revenue Code for housing developed from such a loan guarantee if it meets certain tax requirements. Authorizes appropriations. Terminates loan guarantee authority after FY 1996.

Rural Multifamily Rental Housing Loan Guarantee Demonstration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Tax Relief Act of 2009''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139B the following new section: ``SEC. 139C. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) Exclusion.--Gross income does not include amounts received by a claimant (whether by suit or agreement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination (as defined by section 62(e)). ``(b) Amounts Covered.--For purposes of subsection (a), the term `amounts' does not include-- ``(1) backpay or frontpay, as defined in section 1302(b), or ``(2) punitive damages.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following: ``Sec. 139C. Amounts received on account of certain unlawful discrimination.''. (c) Effective Date.--The amendment made by this section shall apply to amounts received in taxable years beginning after December 31, 2008. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 62(e). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts includible in gross income in the taxable year-- ``(A) as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer, and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year; and ``(B) which are-- ``(i) ordered, recommended, or approved by any governmental entity to satisfy a claim for a violation of law, or ``(ii) received from the settlement of such a claim. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of such Code is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2008. SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008.

Civil Rights Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow: (1) an exclusion from gross income for amounts received (either backpay or frontpay or punitive damages) on account of an unlawful discrimination claim; (2) income averaging for backpay and frontpay amounts received from such claims, and (3) an exemption from the alternative minimum tax for any tax benefit resulting from the income averaging of amounts received from an unlawful discrimination claim.

To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes.