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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacy Education Aid Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Pharmacists are an important link in our Nation's health care system. A critical shortage of pharmacists is threatening the ability of community pharmacies to continue to provide important prescription related services. (2) The Institute of Medicine (``IOM'') prepared a landmark report on medical errors, including medication errors. In the report, entitled ``To Err is Human: Building a Safer Health System'', IOM indicated that medication errors can be partially attributed to factors such as staff shortages; having too many customers places great pressure on available staff, leading to a lack of concentration. (3) In section 5 of Public Law 106-129, the Congress acknowledged a growing demand for pharmacists by requiring the Secretary of Health and Human Services to conduct a study to determine whether there is a shortage of pharmacists in the United States and, if so, to what extent. (4) The study required by Public Law 106-129 was conducted by the Health Resources and Services Administration (``HRSA''). The report from the study was submitted to the Congress in December 2000, and is entitled ``The Pharmacist Workforce: A Study in Supply and Demand for Pharmacists''. (5) The findings described in the HRSA report include the following: (A) ``While the overall supply of pharmacists has increased in the past decade, there has been an unprecedented demand for pharmacists and for pharmaceutical care services, which has not been met by the currently available supply.'' (B) The ``evidence clearly indicates the emergence of a shortage of pharmacists over the past two years.'' (C) ``The factors causing the current shortage are of a nature not likely to abate in the near future without fundamental changes in pharmacy practice and education.'' (6) In the report, HRSA projects that the number of prescriptions filled by community pharmacists will increase 20 percent by 2004. In contrast, the number of community pharmacists is expected to increase only 6 percent by 2005. (7) The demand for pharmacists will increase as prescription drug use continues to grow. (8) The Federal Government has a role and the responsibility, through programs such as the National Health Service Corps and programs under title VII of the Public Health Service Act, to ensure access to pharmacists services. Although the statutory provisions for the program for the National Health Service Corps expressly reference physicians, dentists, certified nurse midwives, certified nurse practitioners, and physician assistants, there is no statutory reference to pharmacists. The National Health Service Corps statute should provide for the significant participation of pharmacists. SEC. 3. INCLUSION OF PRACTICE OF PHARMACY IN PROGRAM FOR NATIONAL HEALTH SERVICE CORPS. (a) Inclusion in Corps Mission.--Section 331(a)(3) of the Public Health Service Act (42 U.S.C. 254d(a)(3)) is amended-- (1) in subparagraph (D), by adding at the end the following: ``Such term includes pharmacist services.''; and (2) by adding at the end the following: ``(E)(i) The term `pharmacist services' includes medication therapy management services. ``(ii) The term `medication therapy management services', with respect to pharmacist services, includes services to assure that medications are used appropriately by patients; to enhance patients' understanding of the appropriate use of medications; to increase patients' adherence to prescription medication regimens; to reduce the risk of adverse events associated with medications; and to reduce the need for other costly medical services through better management of medication therapy. Such services may include case management, disease management, drug therapy management, patient training and education, counseling, drug therapy problem resolution, medication administration, the provision of special packaging, or other services that enhance the use of prescription medications.''. (b) Scholarship Program.--Section 338A(a)(1) of the Public Health Service Act (42 U.S.C. 254l(a)(1)) is amended by inserting ``pharmacists,'' after ``physicians,''. (c) Loan Repayment Program.--Section 338B(a)(1) of the Public Health Service Act (42 U.S.C. 254l-1(a)(1)) is amended by inserting ``pharmacists,'' after ``physicians,''. (d) Funding.--Section 338H(b)(2) of the Public Health Service Act (42 U.S.C. 254q(b)(2)) is amended-- (1) in subparagraph (A), by inserting before the period the following: ``, which may include such contracts for individuals who are in a course of study or program leading to a pharmacy degree''; and (2) by adding at the end the following subparagraph: ``(C) Scholarships for first-year study in pharmacy.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall obligate not less than 10 percent for the purpose of providing contracts for scholarships under this subpart to individuals who are entering the first year of study in a course of study or program leading to a pharmacy degree. Amounts obligated under this subparagraph shall be in addition to amounts obligated under subparagraph (A).''. SEC. 4. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF PHARMACY. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following subpart: ``Subpart 3--Certain Workforce Programs ``SEC. 771. PRACTICING-PHARMACIST WORKFORCE. ``(a) Recruiting and Retaining Students and Faculty.-- ``(1) In general.--The Secretary may make awards of grants or contracts to qualifying schools of pharmacy (as defined in subsection (f)) for the purpose of carrying out programs for recruiting and retaining students and teaching faculty for such schools, including programs to provide scholarships for attendance at such schools to full-time students who have financial need for the scholarships and who demonstrate a commitment to becoming practicing pharmacists or faculty regarding the practice of pharmacy. ``(2) Preference in providing scholarships.--An award may not be made under paragraph (1) unless the qualifying school of pharmacy involved agrees that, in providing scholarships pursuant to the award, the school will give preference to students for whom the costs of attending the school would constitute a severe financial hardship. ``(b) Loan Repayment Program Regarding Faculty Positions.-- ``(1) In general.--The Secretary may establish a program of entering into contracts with individuals described in paragraph (2) under which the individuals agree to serve as members of the faculties of qualifying schools of pharmacy in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such individuals. ``(2) Eligible individuals.--The individuals referred to in paragraph (1) are individuals who-- ``(A) have a doctoral degree in pharmacy or the pharmaceutical sciences; or ``(B) are enrolled in a school of pharmacy and are in the final academic year of such school in a program leading to such a doctoral degree. ``(3) Requirements regarding faculty positions.--The Secretary may not enter into a contract under paragraph (1) unless-- ``(A) the individual involved has entered into a contract with a qualifying school of pharmacy to serve as a member of the faculty of the school for not less than 2 years; ``(B) the contract referred to in subparagraph (A) provides that, in serving as a member of the faculty pursuant to such subparagraph, the individual will-- ``(i) serve full time; or ``(ii) serve as a member of the adjunct clinical faculty and in so serving will actively supervise pharmacy students for 25 academic weeks per year (or such greater number of academic weeks as may be specified in the contract); and ``(C) such contract provides that-- ``(i) the school will, for each year for which the individual will serve as a member of the faculty under the contract with the school, make payments of the principal and interest due on the educational loans of the individual for such year in an amount equal to the amount of such payments made by the Secretary for the year; ``(ii) the payments made by the school pursuant to clause (i) on behalf of the individual will be in addition to the pay that the individual would otherwise receive for serving as a member of such faculty; and ``(iii) the school, in making a determination of the amount of compensation to be provided by the school to the individual for serving as a member of the faculty, will make the determination without regard to the amount of payments made (or to be made) to the individual by the Federal Government under paragraph (1). ``(4) Applicability of certain provisions.--The provisions of sections 338C, 338G, and 338I shall apply to the program established in paragraph (1) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, including the applicability of provisions regarding reimbursements for increased tax liability and provisions regarding bankruptcy. ``(5) Waiver regarding school contributions.--The Secretary may waive the requirement established in paragraph (3)(C) if the Secretary determines that the requirement will impose an undue financial hardship on the school involved. ``(c) Information Technology.--The Secretary may make awards of grants or contracts to qualifying schools of pharmacy for the purpose of assisting such schools in acquiring and installing computer-based systems to provide pharmaceutical education. Education provided through such systems may be graduate education, professional education, or continuing education. The computer-based systems may be designed to provide on-site education, or education at remote sites (commonly referred to as distance learning), or both. ``(d) Facilities.-- ``(1) In general.--The Secretary may make awards of grants or contracts to qualifying schools of pharmacy for construction projects to expand, remodel, renovate, or alter existing facilities for such schools or to provide new facilities for the schools. ``(2) Certain restrictions.--An award under paragraph (1) may not be expended for the costs of acquiring land or for off- site improvements. ``(3) Recapture of payments.--If, during the 20-year period beginning on the date of the completion of construction pursuant to paragraph (1)-- ``(A) the school of pharmacy involved, or other owner of the facility, ceases to be a public or nonprofit private entity; or ``(B) the facility involved ceases to be used for the purposes for which it was constructed (unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the school or other owner from such obligation); the United States is entitled to recover from the school or other owner of the facility the amount bearing the same ratio to the current value (as determined by an agreement between the parties or by action brought in the United States District Court for the district in which such facility is situated) of the facility as the amount of the Federal participation bore to the cost of the construction of such facility. ``(e) Requirement Regarding Education in Practice of Pharmacy.-- With respect to the qualifying school of pharmacy involved, the Secretary shall ensure that programs and activities carried out with Federal funds provided under this section have the goal of educating students to become licensed pharmacists, or the goal of providing for faculty to educate students to become licensed pharmacists. ``(f) Qualifying School of Pharmacy.--For purposes of this section, the term `qualifying school of pharmacy' means a school of pharmacy (as defined in section 799B) that, in providing clinical experience for students, requires that the students serve in a clinical rotation in which pharmacist services (as defined in section 331(a)(3)(E)) are provided at or for-- ``(1) a medical facility that serves a substantial number of individuals who reside in or are members of a medically underserved community (as so defined); ``(2) an entity described in any of subparagraphs (A) through (L) of section 340B(a)(4) (relating to the definition of covered entity); ``(3) a health care facility of the Department of Veterans Affairs or of any of the Armed Forces of the United States; ``(4) a health care facility of the Bureau of Prisons; ``(5) a health care facility operated by, or with funds received from, the Indian Health Service; or ``(6) a disproportionate share hospital under section 1923 of the Social Security Act. ``(g) 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 2002 through 2006.''.

Pharmacy Education Aid Act of 2001 - Amends the Public Health Act to include pharmacist services within the National Health Service Corps program of scholarships, including first-year pharmacy studies, loans, and funding.Authorizes the Secretary of Health and Human Services to award grants and contracts to qualifying pharmacy schools for: (1) student and faculty recruitment and retraining, with scholarship preference for students with financial need; (2) computer-based pharmaceutical education systems; and (3) facilities construction.Authorizes the Secretary to establish a loan repayment program for qualifying individuals who become pharmacy school faculty.

To amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Melanie Blocker-Stokes Postpartum Depression Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability. (4) The symptoms of postpartum mood and anxiety disorders are the worsening and the continuation of the baby blues beyond the first days or weeks after delivery. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Each year over 400,000 women suffer from postpartum mood changes, with baby blues afflicting up to 80 percent of new mothers; postpartum mood and anxiety disorders impairing around 10-20 percent of new mothers; and postpartum psychosis striking 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, theories include a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the myth of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its affect on the infant's physical and psychological development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF THE NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis (in this section referred to as ``postpartum conditions''). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to postpartum conditions. (c) Programs for Postpartum Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (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 2006 through 2008. TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis (referred to in this section as a ``postpartum condition) and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2008.

Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (NIMH), to expand and intensify research and related activities on postpartum depression and postpartum psychosis. Requires the Director of NIMH to conduct or support research to expand the understanding of the causes of, and to find a cure for, such conditions. Directs the Secretary to make grants to establish, operate, and coordinate effective and cost-efficient systems for the delivery of essential services to individuals with such conditions and their families. Allows the Secretary to provide technical assistance to grant recipients.

To provide for research on, and services for individuals with, postpartum depression and psychosis.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improving Cancer Treatment Education Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM Sec. 101. Medicare coverage of comprehensive cancer patient treatment education services. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT Sec. 201. Sense of Congress. Sec. 202. NIH Research on cancer symptom management improvement. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many people with cancer experience side effects, symptoms, and late complications associated with their disease and their treatment, which can have a serious adverse impact on their health, well-being, and quality of life. (2) Many side effects and symptoms associated with cancer and its treatment can be reduced or controlled by the provision of timely symptom management and services and also by educating people with cancer and their caregivers about the potential effects before treatment begins. (3) Studies have found that individualized educational intervention for cancer pain management from a registered nurse was effective for patients with cancer being treated in outpatient and home-based settings. Similarly, the number of caregivers who said they were well informed and confident about caregiving after attending a family caregiver cancer education program which increased after program attendance. (4) People with cancer benefit from having an educational session with oncology nurses in advance of the initiation of treatment to learn how to reduce the risk of and manage adverse effects and maximize well-being. Helping patients to manage their side effects reduces adverse events and the need for urgent or inpatient care. (5) The Oncology Nursing Society has received reports from its members that, because the Medicare program and other payers do not cover the provision of patient treatment education, patients and their caregivers often do not receive adequate education before the onset of such patients' treatment for cancer regarding the course of such treatment and the possible side effects and symptoms such patients may experience. The Oncology Nursing Society recommends that all patients being treated for cancer have a one-on-one educational session with a nurse in advance of the onset of such treatment so that such patients and their caregivers receive the information they need to help minimize adverse events related to such treatment and maximize the well-being of such patients. (6) Insufficient or non-existent Medicare payments coupled with poor investment in symptom management research contribute to the inadequate education of patients, poor management and monitoring of cancer symptoms, and inadequate handling of late effects of cancer and its treatment. (7) People with cancer often do not have the symptoms associated with their disease and the associated treatment managed in a comprehensive or appropriate manner. (8) People with cancer deserve to have access to comprehensive care that includes appropriate treatment and symptom management. (9) Patients who receive infused chemotherapy likely obtain some treatment education during the course of the administration of their treatment; yet, many do not, and individuals who may receive a different type of cancer care, such as radiation or surgical interventions or oral chemotherapy taken at home, likely do not receive treatment education during their treatment. (10) Comprehensive cancer care must include access to services and management associated with nausea, vomiting, fatigue, depression, pain, and other symptoms. (11) The Institute of Medicine report, ``Ensuring Quality Cancer Care'' asserts that ``much can be done to relieve the symptoms, ease distress, provide comfort, and in other ways improve the quality of life of someone with cancer. For a person with cancer, maintenance of quality of life requires, at a minimum, relief from pain and other distressing symptoms, relief from anxiety and depressions, including the fear of pain, and a sense of security that assistance with be readily available if needed.''. (12) The Institute of Medicine report, ``Cancer Care for the Whole Patient: Meeting Psychosocial Health Needs'' recognizes that cancer patients' psychosocial needs include information about their therapies and the potential side effects. (13) As more than half of all cancer diagnoses occur among individuals age 65 and older, the challenges of managing cancer symptoms are growing for patients enrolled in the Medicare program. (14) Provision of Medicare payment for comprehensive cancer patient treatment education, coupled with expanded cancer symptom management research, will help improve care and quality of life for people with cancer from the time of diagnosis through survivorship or end of life. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) comprehensive cancer patient treatment education services (as defined in subsection (iii)(1));''; and (2) by adding at the end the following new subsection: ``Comprehensive Cancer Patient Treatment Education Services ``(iii)(1) The term `comprehensive cancer patient treatment education services' means-- ``(A) in the case of an individual who is diagnosed with cancer, the provision of a one-hour patient treatment education session delivered by a registered nurse that-- ``(i) is furnished to the individual and the caregiver (or caregivers) of the individual in advance of the onset of treatment and to the extent practicable, is not furnished on the day of diagnosis or on the first day of treatment; ``(ii) educates the individual and such caregiver (or caregivers) to the greatest extent practicable, about all aspects of the care to be furnished to the individual, informs the individual regarding any potential symptoms, side-effects, or adverse events, and explains ways in which side effects and adverse events can be minimized and health and well-being maximized, and provides guidance regarding those side effects to be reported and to which health care provider the side effects should be reported; ``(iii) includes the provision, in written form, of information about the course of treatment, any responsibilities of the individual with respect to self-dosing, and ways in which to address symptoms and side-effects; and ``(iv) is furnished, to the greatest extent practicable, in an oral, written, or electronic form that appropriately takes into account cultural and linguistic needs of the individual in order to make the information comprehensible to the individual and such caregiver (or caregivers); and ``(B) with respect to an individual for whom a course of cancer treatment or therapy is materially modified, a one-hour patient treatment education session described in subparagraph (A), including updated information on the matters described in such subparagraph should the individual's oncologic health care professional deem it appropriate and necessary. ``(2) In establishing standards to carry out paragraph (1), the Secretary shall consult with appropriate organizations representing providers of oncology patient treatment education services and organizations representing people with cancer.''. (b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(Z)''; and (2) by inserting before the semicolon at the end the following: ``, and (AA) with respect to comprehensive cancer patient treatment education service (as defined in section 1861(iii)(1)), 150 percent of the payment rate established under section 1848 for diabetes outpatient self-management training services (as defined in section 1861(qq)), determined and applied without regard to any coinsurance''. (c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of comprehensive cancer patient treatment education services (as defined in subsection (iii)(1)) which are performed more frequently than is covered under such section;''. (d) No Impact on Payment for Other Services.--Nothing in this section shall be construed to affect or otherwise authorize any reduction or modification, in the Medicare payment amounts otherwise established for chemotherapy infusion or injection codes with respect to the calculation and payment of minutes for chemotherapy teaching or related services. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT SEC. 201. SENSE OF CONGRESS. It is the sense of Congress that-- (1) many people with cancer experience side effects, symptoms, and late side effects associated with their disease and their treatment, and such effects can have a serious adverse impact on the effectiveness of their treatment, their health, well-being, and quality of life; (2) with the number of cancer survivors continuing to grow, addressing the effects of their symptoms and side effects are becoming increasingly critical in reducing the burden of cancer and its treatments; (3) although research is producing new insights into the causes of and cures for cancer, efforts to manage the symptoms and side effects of the disease and its treatments have not kept pace; and (4) the National Institutes of Health should continue to support research in the area of symptom management and the role that nurses play in providing those interventions. SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT. (a) In General.--The Director of the National Institutes of Health shall expand, intensify, and coordinate programs for the conduct and support of research with respect to-- (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. (b) Administration.--The Director of the National Institutes of Health is encouraged to carry out this section through the Director of the National Cancer Institute, in collaboration with at least the directors of the National Institute of Nursing Research, the National Institute of Neurological Disorders and Stroke, the National Institute of Mental Health, the National Center on Minority Health and Health Disparities, the National Center for Complementary and Alternative Medicine, and the Agency for Healthcare Research and Quality.

Improving Cancer Treatment Education Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to provide for Medicare coverage of comprehensive cancer patient treatment education services. Expresses the sense of Congress wih respect to continued support by the National Institutes of Health (NIH) in the area of symptom management and the role of nurses in providing those interventions. Amends the Public Health Service Act to direct the NIH Director to expand, intensify, and coordinate programs for the conduct and support of research with respect to: (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment, and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Management Restructuring Act of 2005''. SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT. (a) Establishment and Succession.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Deputy Secretary'' and inserting ``Deputy Secretaries''; (B) by striking paragraph (7); (C) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (D) by striking paragraph (1) and inserting the following: ``(1) A Deputy Secretary of Homeland Security. ``(2) A Deputy Secretary of Homeland Security for Management.''; and (2) by adding at the end the following: ``(g) Vacancies.-- ``(1) Vacancy in office of secretary.-- ``(A) Deputy secretary.--In case of a vacancy in the office of the Secretary, or of the absence or disability of the Secretary, the Deputy Secretary of Homeland Security may exercise all the duties of that office, and for the purpose of section 3345 of title 5, United States Code, the Deputy Secretary of Homeland Security is the first assistant to the Secretary. ``(B) Deputy secretary for management.--When by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary of Homeland Security is available to exercise the duties of the office of the Secretary, the Deputy Secretary of Homeland Security for Management shall act as Secretary. ``(2) Vacancy in office of deputy secretary.--In the case of a vacancy in the office of the Deputy Secretary of Homeland Security, or of the absence or disability of the Deputy Secretary of Homeland Security, the Deputy Secretary of Homeland Security for Management may exercise all the duties of that office. ``(3) Further order of succession.--The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.''. (b) Responsibilities.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in the section heading, by striking ``under secretary'' and inserting ``deputy secretary of homeland security''; (2) in subsection (a)-- (A) by inserting ``The Deputy Secretary of Homeland Security for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.'' before ``The Secretary''; (B) by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; (C) by striking paragraph (7) and inserting the following: ``(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.''; and (D) by striking paragraph (9), and inserting the following: ``(9) The integration and transformation process, to ensure an efficient and orderly consolidation of functions and personnel to the Department, including the development of a management integration strategy for the Department.''; and (3) in subsection (b)-- (A) in paragraph (1), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; and (B) in paragraph (2), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (c) Appointment, Evaluation, and Reappointment.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as amended by this Act, is further amended by adding at the end the following: ``(c) Appointment, Evaluation, and Reappointment.--The Deputy Secretary of Homeland Security for Management-- ``(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have-- ``(A) extensive executive level leadership and management experience in the public or private sector; ``(B) strong leadership skills; ``(C) a demonstrated ability to manage large and complex organizations; and ``(D) a proven record in achieving positive operational results; ``(2) shall serve for a term of 5 years, but may be removed by the Secretary of Homeland Security based upon an unsatisfactory annual determination under paragraph (5); ``(3) may be reappointed in accordance with paragraph (1), if the Secretary has made a satisfactory determination under paragraph (5) for the 3 most recent performance years; ``(4) shall enter into a publicly available annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and ``(5) shall be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Deputy Secretary of Homeland Security for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (4).''. (d) Incumbent.--The individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act-- (1) may perform all the duties of the Deputy Secretary of Homeland Security for Management at the pleasure of the President, until a Deputy Secretary of Homeland Security for Management is appointed in accordance with subsection (c) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by this Act; and (2) may be appointed Deputy Secretary of Homeland Security for Management, if such appointment is otherwise in accordance with sections 103 and 701 of the Homeland Security Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act. (e) References.--References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Under Secretary for Management of the Department of Homeland Security shall be deemed to refer to the Deputy Secretary of Homeland Security for Management. (f) Technical and Conforming Amendments.-- (1) Other reference.--Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (2) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 701 and inserting the following: ``Sec. 701. Deputy Secretary of Homeland Security for Management.''. (3) Executive schedule.--Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following: ``Deputy Secretary of Homeland Security for Management.''.

Homeland Security Management Restructuring Act of 2005 - Amends the Homeland Security Act to establish a Deputy Secretary of Homeland Security for Management, appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management of the Department.

A bill to establish a Deputy Secretary of Homeland Security for Management, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness Act of 2003''. SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Additions.--The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled ``Wild Sky Wilderness Proposal'', ``Map #1'', and dated January 7, 2003, which shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. SEC. 3. ADMINISTRATION PROVISIONS. (a) In General.-- (1) Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (2) To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this Act as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (b) New Trails.-- (1) The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop: (a) a system of hiking and equestrian trails within the wilderness designated by this Act in a manner consistent with the Wilderness Act, Public Law 88-577 (16 U.S.C. 1131 et seq.); and (b) a system of trails adjacent to or to provide access to the wilderness designated by this Act. (2) Within two years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this Act. This report shall include the identification of priority trail for development. (c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services. (d) Float Plane Access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines to be desirable. (e) Evergreen Mountain Lookout.--The designation under this Act shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act. SEC. 4. AUTHORIZATION FOR LAND ACQUISITION. (a) In General.--The Secretary of Agriculture is authorized to acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as ``Priority Acquisition Lands'' on the map described in section 2(a)(1). The boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section. (b) Access.--Consistent with section 5(a) of the Wilderness Act (Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate access to private inholdings within the Wild Sky Wilderness. (c) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this Act. SEC. 5. LAND EXCHANGES. The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled Chelan County Public Utility District Exchange and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions: (1) If the Chelan County Public Utility District, within ninety days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands. (2) Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of date of enactment, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington. (3) The exchange directed by this Act shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. (4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States. Passed the Senate November 24, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Wild Sky Wilderness Act of 2003 - (Sec. 2) Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture. (Sec. 3) Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions. Provides that such wilderness designation shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance were occurring as of the enactment of this Act. (Sec. 4) Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to ensure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area. (Sec. 5) Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.

A bill to enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Trade With Cuba Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the countries of the former Soviet Union and the former Eastern bloc, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; and (5) on December 17, 2014, the President announced new steps to increase travel, commerce, and the free flow of information to Cuba, and maintained that he looked forward to engaging Congress about lifting the embargo. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11), by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4), by adding ``or'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended-- (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1))-- (A) by striking ``Cuba,''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908 (22 U.S.C. 7207)-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all that follows through ``(1) In general.-- Notwithstanding'' and inserting ``In General.-- Notwithstanding''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909 (22 U.S.C. 7208); (4) by striking section 910 (22 U.S.C. 7209); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date that is 60 days after the date of the enactment of this sentence.''. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel that may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 60th day after the date of the enactment of this Act.

Free Trade With Cuba Act Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Makes ineffective any prohibition on exports to Cuba under the Export Administration Act of 1979. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba, and (4) the prohibition under the Department of Commerce and Related Agencies Appropriations Act, 1999 on transactions or payments respecting certain U.S. intellectual property. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba. Authorizes common carriers to install and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. Directs the U.S. Postal Service to provide direct mail service to and from Cuba. Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property, and (2) secure protection of internationally recognized human rights.

Free Trade With Cuba Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Enterprise Terrorism Act''. SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS. (a) In General.--Section 43 of title 18, United States Code, is amended to read as follows: ``Sec. 43. Force, violence, and threats involving animal enterprises ``(a) Offense.--Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce-- ``(1) for the purpose of damaging or interfering with the operations of an animal enterprise; and ``(2) in connection with such purpose-- ``(A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise; ``(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or ``(C) conspires or attempts to do so; shall be punished as provided for in subsection (b). ``(b) Penalties.--The punishment for a violation of section (a) or an attempt or conspiracy to violate subsection (a) shall be-- ``(1) a fine under this title or imprisonment not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and-- ``(A) the offense results in no economic damage or bodily injury; or ``(B) the offense results in economic damage that does not exceed $10,000; ``(2) a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and-- ``(A) the offense results in economic damage exceeding $10,000 but not exceeding $100,000; or ``(B) the offense instills in another the reasonable fear of serious bodily injury or death; ``(3) a fine under this title or imprisonment for not more than 10 years, or both, if-- ``(A) the offense results in economic damage exceeding $100,000; or ``(B) the offense results in substantial bodily injury to another individual; ``(4) a fine under this title or imprisonment for not more than 20 years, or both, if-- ``(A) the offense results in serious bodily injury to another individual; or ``(B) the offense results in economic damage exceeding $1,000,000; and ``(5) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual. ``(c) Restitution.--An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution-- ``(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; ``(2) for the loss of food production or farm income reasonably attributable to the offense; and ``(3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense. ``(d) Definitions.--As used in this section-- ``(1) the term `animal enterprise' means-- ``(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing; ``(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or ``(C) any fair or similar event intended to advance agricultural arts and sciences; ``(2) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose; ``(3) the term `economic damage'-- ``(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; but ``(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise; ``(4) the term `serious bodily injury' means-- ``(A) injury posing a substantial risk of death; ``(B) extreme physical pain; ``(C) protracted and obvious disfigurement; or ``(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and ``(5) the term `substantial bodily injury' means-- ``(A) deep cuts and serious burns or abrasions; ``(B) short-term or nonobvious disfigurement; ``(C) fractured or dislocated bones, or torn members of the body; ``(D) significant physical pain; ``(E) illness; ``(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or ``(G) any other significant injury to the body. ``(e) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; ``(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or ``(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.''. (b) Clerical Amendment.--The item relating to section 43 in the table of sections at the beginning of chapter 3 of title 18, United States Code, is amended to read as follows: ``43. Force, violence, and threats involving animal enterprises.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Animal Enterprise Terrorism Act - Amends the federal criminal code to revise criminal prohibitions against damaging or interfering with the operations of an animal enterprise to include intentional damage or loss to any real or personal property and intentional threats of death or serious bodily injury against individuals (or their family members, spouses, or intimate partners) who are involved with animal enterprises. Expands such crime to include conspiracies and attempts. Revises and increases monetary and criminal penalties for such crime. Modifies the definition of "animal enterprise" to include: (1) an enterprise that uses or sells animals or animal products for profit for educational purposes; and (2) an animal shelter, pet store, breeder, or furrier. Provides that expressive conduct (including picketing or other peaceful demonstration) protected by the First Amendment is not prohibited by this Act.

A bill to provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror.

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. 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. 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. Provides for waivers from such requirements under certain national security emergency conditions. Provides that it shall not be in order in either House to consider any legislation that does not include such a statement. Allows a point of order under this rule 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 it in the Federal Register.

Economic and Employment Impact Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production of Methamphetamines Act'' or ``CLEAN-UP of Methamphetamines Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENVIRONMENTAL PROTECTION Sec. 101. Response to environmental hazards associated with illegal manufacture of methamphetamine on Department of Agriculture and Department of the Interior lands. Sec. 102. Grant program to assist State and local government and private response to environmental hazards associated with illegal manufacture of methamphetamine on agricultural lands. Sec. 103. Designation of by-products of methamphetamine laboratories as hazardous materials and waste under Hazardous Materials Transportation Act and Solid Waste Disposal Act. Sec. 104. Grant program to assist law enforcement agencies in the safe identification, cleanup, and disposal of methamphetamine laboratories. Sec. 105. Grant program to assist law enforcement agencies in meeting the costs of complying with Federal laws relating to methamphetamine laboratory cleanup and disposal. Sec. 106. Study of environmental impact. TITLE II--EDUCATION, PREVENTION, AND TREATMENT Sec. 201. Study regarding health effects of exposure to process of unlawful manufacture of methamphetamine. Sec. 202. Grants for educational programs on prevention and treatment of methamphetamine abuse. Sec. 203. Local grants for treatment of methamphetamine abuse and related conditions. TITLE III--ENFORCEMENT Sec. 301. Authorization of appropriations relating to methamphetamine laboratory seizure statistics. Sec. 302. Authorization of appropriations relating to COPS grants. Sec. 303. Expansion of methamphetamine Hot Spots program to include personnel and equipment for enforcement, prosecution, and environmental cleanup. Sec. 304. Authorization of appropriations relating to the clandestine laboratory training. Sec. 305. Statement of Congress regarding availability and illegal importation of pseudoephedrine from Canada. TITLE I--ENVIRONMENTAL PROTECTION SEC. 101. RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR LANDS. (a) Response Activities.--The Secretary of Agriculture and the Secretary of the Interior may carry out programs for the environmental clean up and remediation of National Forest System lands and other lands under the jurisdiction of the Department of Agriculture and National Park System lands and other lands under the jurisdiction of the Department of the Interior that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. (b) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 to carry out the programs authorized in subsection (a). SEC. 102. GRANT PROGRAM TO ASSIST STATE AND LOCAL GOVERNMENT AND PRIVATE RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON AGRICULTURAL LANDS. (a) Grants Authorized.--The Secretary of Agriculture may make grants to State and local governments and to private persons to assist the efforts of State and local governments and private persons to clean up and remediate agricultural lands that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. No grant may be made under this subsection to any person who is responsible for the contamination. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $15,000,000 to make grants under subsection (a). SEC. 103. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT. (a) Hazardous Materials Transportation Act.--The Secretary of Transportation shall utilize the authority provided by section 5103 of title 49, United States Code, to designate certain by-products of the methamphetamine production process as hazardous materials for purposes of chapter 51 of such title to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (b) Solid Waste Disposal Act.--The Administrator of the Environmental Protection Agency shall utilize the authority provided by section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) to designate certain by-products of the methamphetamine production process as hazardous waste for purposes of such Act (42 U.S.C. 6901 et seq.) to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (c) Covered Materials.--Not later than 13 months after the date of the enactment of this Act, the Administrator of the Drug Enforcement Administration shall submit to the Secretary of Transportation and the Administrator of the Environmental Protection Agency a list of those by-products of the methamphetamine production process that, in the event of improper disposal and inadequate remediation, are likely to cause long-term harm to the environment. The Administrator of the Drug Enforcement Administration shall take into consideration the report required by section 106 in preparing the initial list and shall revise the list annually thereafter as necessary to reflect changes in the methamphetamine production process. (d) Time for Designation.--The designations required by subsections (a) and (b) shall be completed not later than 18 months after the date of the enactment of this Act. If the Administrator of the Drug Enforcement Administration revises the list referred to in subsection (c), the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall complete additional designations to reflect the revisions made to the list not later than 18 months after the date of the submission of the revised list. SEC. 104. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT AGENCIES IN THE SAFE IDENTIFICATION, CLEANUP, AND DISPOSAL OF METHAMPHETAMINE LABORATORIES. (a) Grants Authorized.--The Secretary of Labor, acting through the Occupational Safety and Health Administration, shall provide grants to State and local law enforcement agencies to be used for-- (1) the provision of training in safe procedures for identifying, cleaning up, and disposing of methamphetamine laboratories, and (2) the acquisition of equipment for the safe identification, cleanup, and disposal of methamphetamine laboratories. (b) Included Activities.--Grant funds provided under subsection (a) may be used to cover costs associated with training and acquisition described in such subsection that is provided by public agencies or private organizations. (c) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2008. SEC. 105. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT AGENCIES IN MEETING THE COSTS OF COMPLYING WITH FEDERAL LAWS RELATING TO METHAMPHETAMINE LABORATORY CLEANUP AND DISPOSAL. (a) Grants Authorized.--The Secretary of Labor shall provide grants to State and local law enforcement agencies to assist such agencies in meeting the costs of complying with Federal laws regarding the cleanup and disposal of methamphetamine laboratories. (b) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2008. SEC. 106. STUDY OF ENVIRONMENTAL IMPACT. (a) Study Required.--Not later than one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a study of the impact of the operation of laboratories for the manufacture of methamphetamines on the environment, including the impact on agriculture. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Environmental Protection Agency $1,000,000 for fiscal year 2008 to conduct the study required by subsection (a). TITLE II--EDUCATION, PREVENTION, AND TREATMENT SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPOSURE TO PROCESS OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE. (a) In General.--With respect to the unlawful manufacturing of methamphetamine, the Secretary of Health and Human Services shall conduct a study for the purpose of determining-- (1) to what extent food, water, air, soil, equipment, or other matter becomes contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to the process of such manufacturing; and (2) whether any adverse health conditions result from the exposure of individuals to such process or to contaminated matter within the meaning of paragraph (1). (b) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete the study under subsection (a) and submit to the Congress a report describing the findings of the study. SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PREVENTION AND TREATMENT OF METHAMPHETAMINE ABUSE. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) in section 4003-- (A) at the end of paragraph (1), by striking ``and''; (B) at the end of paragraph (2), by striking the period and inserting ``; and''; and (C) at the end of the section, by adding the following: ``(3) $20,000,000 for fiscal year 2008, for grants under subpart 4.''; (2) by redesignating subpart 4 as subpart 5; and (3) by inserting after subpart 3 the following: ``Subpart 4--Education on Prevention and Treatment of Methamphetamine Abuse ``SEC. 4146. GRANT PROGRAM. ``(a) Grants.--From funds made available to carry out this subpart under section 4003(3), the Secretary may make grants on a competitive basis to State agencies, local educational agencies, and nonprofit organizations to carry out programs to educate students on prevention and treatment of methamphetamine abuse. ``(b) Applications.--To receive a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 203. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended-- (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B; and (2) by inserting after section 514B (as so redesignated) the following section: ``SEC. 514C. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. ``(a) In General.--The Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse, subject to subsection (b). ``(b) Certain Services for Children.--In addition to the purpose described in subsection (a), a grant under such subsection may be expended to treat children for any adverse health condition resulting from a qualifying methamphetamine-related exposure. ``(c) Definitions.--For purposes of this section: ``(1) The term `children' means individuals who are under the age of 18. ``(2)(A) The term `qualifying methamphetamine-related exposure', with respect to children, means exposure to methamphetamine or other harmful substances as a result of the proximity of the children to the process of manufacturing methamphetamine or the proximity of the children to associated contaminated matter. ``(B) The term `associated contaminated matter', with respect to the process of manufacturing methamphetamine, means food, water, air, soil, equipment, or other matter that is contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to such process. ``(d) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2008. ``(2) Allocation for children.--Of the amount appropriated under paragraph (1) for a fiscal year, not less than $2,500,000 shall be reserved for carrying out this section with respect to children.''. TITLE III--ENFORCEMENT SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING TO METHAMPHETAMINE LABORATORY SEIZURE STATISTICS. In addition to any other funds authorized to be appropriated for fiscal year 2008 for the collection, aggregation, and dissemination of methamphetamine laboratory seizure statistics by the El Paso Intelligence Center (EPIC) of the Department of Justice, there is authorized to be appropriated $2,000,000 for such purpose. SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS. (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2008 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for prosecution of methamphetamine offenses. (b) Rural Set-Aside.--Of amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities. (c) DEA Reimbursement.--Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses. SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND ENVIRONMENTAL CLEANUP. Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended by inserting after paragraph (4) the following new paragraph: ``(5) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas;''. SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE LABORATORY TRAINING. In addition to any other funds authorized to be appropriated for fiscal year 2008 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administration, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional full-time positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 305. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA. (a) Findings.--The Congress finds that-- (1) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of the dangerous narcotic methamphetamine; (2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years; (3) pseudoephedrine can only be purchased in the United States in small quantity bottles or blister packs; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and (4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem. (b) Call for Action by Canada.--The Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.

Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production of Methamphetamines Act or the CLEAN-UP of Methamphetamines Act - Authorizes the Secretary of Agriculture and the Secretary of the Interior to carry out environmental cleanup and remediation programs involving specified lands that are contaminated with hazardous substances associated with illegal methamphetamine manufacture. Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to state and local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues. Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants to educate students on prevention and treatment of methamphetamine abuse; (2) the Public Health Service Act to authorize grants to provide treatment; and (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment for enforcement, prosecution, and environmental cleanup. Urges the President to seek commitments from the Canadian government to stem the availability of pseudoephedrine in Canada and its illegal importation into the United States.

To respond to the illegal production, distribution, and use of methamphetamines in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2003''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2004, the $100,000 and $200,000 amounts in subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) Repeal of Termination.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Conforming Amendments.--Subparagraph (B) of section 222(b)(2) of such Code is amended-- (1) by striking ``2004 or 2005'' and inserting ``2004 or thereafter'', and (2) in the heading by striking ``and 2005'' and inserting ``and thereafter''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 4. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2003 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 6. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT FINANCIAL AID NEEDS ANALYSIS. (a) Definition of Assets.--Subsection (f) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) in paragraph (1) by inserting ``qualified education benefit (except as provided in paragraph (3)),'' after ``tax shelters,''; and (2) by adding at the end the following new paragraphs: ``(3) A qualified education benefit shall not be considered an asset of the student under section 475 of this part. ``(4) For purposes of this subsection, the term `qualified education benefit' means-- ``(A) a program which is described in clause (i) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 and which meets the requirements of section 529(b)(1)(B) of such Code; ``(B) a State tuition program described in clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 which meets the requirements of section 529(b)(1)(B) of such Code; and ``(C) a Coverdell education savings account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986).''. (b) Definition of Other Financial Assistance.--Subsection (j) of section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended-- (1) by striking ``; Tuition Prepayment Plans'' in the heading of such subsection; (2) by striking ``(1) For purposes'' and inserting ``For purposes''; and (3) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall apply with respect to determinations of need under part F of title IV of the Higher Education Act of 1965 for academic years beginning on or after July 1, 2005. SEC. 7. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to subtitles A, B, and D of title IV of such Act.

Higher Education Affordability and Equity Act of 2003 - Amends the Internal Revenue Code and the Higher Education Act of 1965 to expand education incentives, including: (1) the deduction for interest on education loans; (2) making the deduction for qualified tuition and related expenses permanent; (3) increasing allowable contributions to Coverdell education savings accounts; (4) allowing qualified higher education expenses (books, supplies, room, board, and special needs services) to be excluded from gross income in the case of scholarship programs for higher education; and (5) repealing the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 applicable to title IV (Affordable Education Provisions) of such Act.

To amend the Internal Revenue Code of 1986 to expand incentives for education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act''. SEC. 2. EXPRESSION OF RECOGNITION. The purpose of the medals authorized by this Act are to express recognition by the United States and its citizens and to honor the Native American Code Talkers who distinguished themselves in performing highly successful communications operations of a unique type that greatly assisted in saving countless lives and in hastening the end of World War I and World War II. TITLE I--SIOUX CODE TALKERS SEC. 101. FINDINGS. Congress finds the following: (1) Sioux Indians used their native languages, Dakota, Lakota, and Nakota Sioux, as code during World War II. (2) These people, who manned radio communications networks to advise of enemy actions, became known as the Sioux Code Talkers. (3) Under some of the heaviest combat action, the Code Talkers worked around the clock to provide information which saved the lives of many Americans in the Pacific and Europe, such as the location of enemy troops and the number of enemy guns. (4) The Sioux Code Talkers were so successful that military commanders credit the code with saving the lives of countless American soldiers and being instrumental to the success of the United States in many battles during World War II. SEC. 102. CONGRESSIONAL GOLD MEDAL. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to each Sioux Code Talker, including the following: (1) Eddie Eagle Boy. (2) Simon Brokenleg. (3) Iver Crow Eagle, Sr. (4) Edmund St. John. (5) Walter C. John. (6) John Bear King. (7) Phillip ``Stoney'' LaBlanc. (8) Baptiste Pumpkinseed. (9) Guy Rondell. (10) Charles Whitepipe. (11) Clarence Wolfguts. TITLE II--COMANCHE CODE TALKERS SEC. 201. FINDINGS. The Congress finds the following: (1) On December 7, 1941, the Japanese Empire attacked Pearl Harbor, Hawaii, and the Congress declared war the following day. (2) The military code, developed by the United States for transmitting messages, had been deciphered by the Axis powers, and United States military intelligence sought to develop a new means to counter the enemy. (3) The United States Government called upon the Comanche Nation to support the military effort by recruiting and enlisting Comanche men to serve in the United States Army to develop a secret code based on the Comanche language. (4) At the time, the Comanches were second-class citizens, and they were a people who were discouraged from using their own language. (5) The Comanches of the 4th Signal Division became known as the ``Comanche Code Talkers'' and helped to develop a code using their language to communicate military messages during the D-Day invasion and in the European theater during World War II. (6) To the enemy's frustration, the code developed by these Native American Indians proved to be unbreakable and was used extensively throughout the European theater. (7) The Comanche language, discouraged in the past, was instrumental in developing one of the most significant and successful military codes of World War II. (8) The Comanche Code Talkers contributed greatly to the Allied war effort in Europe and were instrumental in winning the war in Europe. Their efforts saved countless lives. (9) Only 1 of the Comanche Code Talkers of World War II remains alive today. (10) The time has come for the United States Congress to honor the Comanche Code Talkers for their valor and their service to the Nation. (11) The congressional gold medals authorized by this title are the recognition and honor by the United States and its citizens of the Comanche Code Talkers who distinguished themselves in performing a unique, highly successful communications operation that greatly assisted in saving countless lives and in hastening the end of World War II in Europe. SEC. 202. CONGRESSIONAL GOLD MEDAL. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to each of the following Comanche Code Talkers of World War II, in recognition of their contributions to the Nation: (1) Charles Chibitty. (2) Haddon Codynah. (3) Robert Holder. (4) Forrest Kassanovoid. (5) Willington Mihecoby. (6) Perry Noyebad. (7) Clifford Otitivo. (8) Simmons Parker. (9) Melvin Permansu. (10) Dick Red Elk. (11) Elgin Red Elk. (12) Larry Saupitty. (13) Morris Sunrise. (14) Willie Yackeschi. TITLE III--CHOCTAW CODE TALKERS SEC. 301. FINDINGS. Congress finds the following: (1) On April 6, 1917, the United States, after extraordinary provocations, declared war on Germany, thus the United States entered World War I, the War to End All Wars. (2) At the time of this declaration of war, Indian people in the United States, including members of the Choctaw Nation, were not accorded the status of citizens of the United States. (3) Without regard to this lack of citizenship, many members of the Choctaw Nation joined many members of other Indian tribes and nations in enlisting in the Armed Forces to fight on behalf of their native land. (4) Members of the Choctaw Nation were enlisted in the force known as the American Expeditionary Force, which began hostile actions in France in the fall of 1917, and specifically, members of the Choctaw Nation were incorporated in a company of Indian enlistees serving in the 142d Infantry Company of the 36th Division. (5) A major impediment to Allied operations in general, and American operations in particular, was the fact that the German forces had deciphered all codes used for transmitting information between Allied commands, leading to substantial loss of men and materiel during the first year of American action. (6) Because of the proximity and static nature of the battle lines, a method to communicate without the knowledge of the enemy was needed. (7) An American commander realized the fact that he had under his command a number of men who spoke a native language. While the use of such native languages was discouraged by the American Government, the commander sought out and recruited 18 Choctaw Indians to use for transmission of field telephone communications during an upcoming campaign. (8) Because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (9) The Choctaw soldiers were placed in different command positions, to achieve the widest possible area for communications. (10) The use of the Choctaw Code Talkers was particularly important in the movement of American soldiers in October of 1918 (including securing forward and exposed positions), in the protection of supplies during American action (including protecting gun emplacements from enemy shelling), and in the preparation for the assault on German positions in the final stages of combat operations in the fall of 1918. (11) In the opinion of the officers involved, the use of Choctaw Indians to transmit information in their native language saved men and munitions, and was highly successful. Based on this successful experience, Choctaw Indians were being withdrawn from frontline units for training in transmission of codes so as to be more widely used when the war came to a halt. (12) The Germans never succeeded in breaking the Choctaw code. (13) This was the first time in modern warfare that such transmission of messages in a native American language was used for the purpose of confusing the enemy. (14) This action by members of the Choctaw Nation is another example of the commitment of American Indians to the defense of our great Nation and adds to the proud legacy of such service. (15) The Choctaw Nation has honored the actions of these 18 Choctaw Code Talkers through a memorial bearing their names located at the entrance of the tribal complex in Durant, Oklahoma. SEC. 302. CONGRESSIONAL GOLD MEDAL. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design honoring the Choctaw Code Talkers. TITLE IV--GENERAL PROVISIONS SEC. 401. MEDALS FOR OTHER CODE TALKERS. (a) Presentation Authorized.--In addition to the gold medals authorized to be presented under section 102, 202, and 302, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to any other Native American Code Talker identified by the Secretary of Defense pursuant to subsection (b) who has not previously received a congressional gold medal. (b) Identification of Other Native American Code Talkers.-- (1) In general.--Any Native American member of the United States Armed Forces who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century shall be eligible for a gold medal under this section. (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary of Defense and such Secretary shall establish a list of the names of such eligible individuals before the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 402. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT. (a) Medals Awarded Posthumously.--Medals authorized by this Act may be awarded posthumously on behalf of, and presented to the next of kin or other representative of, a Native American Code Talker. (b) Design and Striking.-- (1) In general.--For purposes of any presentation of a gold medal under this Act, the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Designs emblematic of tribal affiliation.--The design of the gold medals struck under this Act for Native American Code talkers of the same Indian tribe shall be emblematic of the participation of the Code Talkers of such Indian tribe. (3) Indian tribe defined.--For purposes of this subsection, the term ``Indian tribe'' has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act. SEC. 403. DUPLICATE MEDALS. The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medals struck under this Act in accordance with such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the bronze medal. SEC. 404. STATUS AS NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 405. FUNDING. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 403 shall be deposited in the United States Mint Public Enterprise Fund.

Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal: (1) to persons, including specified individuals, who served as Sioux or Comanche Code Talkers during World War II; (2) honoring the Choctaw Code Talkers of World War I; and (3) to any other Native American member of the armed forces, identified by the Secretary of Defense, who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century.Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medals struck under this Act and to deposit the proceeds in the United States Mint Public Enterprise Fund to pay for the costs of the medals awarded under this Act.

To authorize the presentation of gold medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their service to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copyright Term Extension Act of 1997''. SEC. 2. DURATION OF COPYRIGHT PROVISIONS. (a) Preemption With Respect to Other Laws.--Section 301(c) of title 17, United States Code, is amended by striking ``February 15, 2047'' each place it appears and inserting ``February 15, 2067''. (b) Duration of Copyright: Works Created on or After January 1, 1978.--Section 302 of title 17, United States Code, is amended-- (1) in subsection (a) by striking ``fifty'' and inserting ``70''; (2) in subsection (b) by striking ``fifty'' and inserting ``70''; (3) in subsection (c) in the first sentence-- (A) by striking ``seventy-five'' and inserting ``95''; and (B) by striking ``one hundred'' and inserting ``120''; and (4) in subsection (e) in the first sentence-- (A) by striking ``seventy-five'' and inserting ``95''; (B) by striking ``one hundred'' and inserting ``120''; and (C) by striking ``fifty'' each place it appears and inserting ``70''. (c) Duration of Copyright: Works Created but Not Published or Copyrighted Before January 1, 1978.--Section 303 of title 17, United States Code, is amended in the second sentence by striking ``December 31, 2027'' and inserting ``December 31, 2047''. (d) Duration of Copyright: Subsisting Copyrights.-- (1) In general.--Section 304 of title 17, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (B) by striking ``47'' and inserting ``67''; and (II) in subparagraph (C) by striking ``47'' and inserting ``67''; (ii) in paragraph (2)-- (I) in subparagraph (A) by striking ``47'' and inserting ``67''; and (II) in subparagraph (B) by striking ``47'' and inserting ``67''; and (iii) in paragraph (3)-- (I) in subparagraph (A)(i) by striking ``47'' and inserting ``67''; and (II) in subparagraph (B) by striking ``47'' and inserting ``67''; (B) by amending subsection (b) to read as follows: ``(b) Copyrights in Their Renewal Term at the Time of the Effective Date of the Copyright Term Extension Act of 1997.--Any copyright still in its renewal term at the time that the Copyright Term Extension Act of 1997 becomes effective shall have a copyright term of 95 years from the date copyright was originally secured.''; (C) in subsection (c)(4)(A) in the first sentence by inserting ``or, in the case of a termination under subsection (d), within the five-year period specified by subsection (d)(2),'' after ``specified by clause (3) of this subsection,''; and (D) by adding at the end the following new subsection: ``(d) Termination Rights Provided in Subsection (c) Which Have Expired on or Before the Effective Date of the Copyright Term Extension Act of 1997.--In the case of any copyright other than a work made for hire, subsisting in its renewal term on the effective date of the Copyright Term Extension Act of 1997 for which the termination right provided in subsection (c) has expired by such date, where the author or owner of the termination right has not previously exercised such termination right, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by any of the persons designated in subsection (a)(1)(C) of this section, other than by will, is subject to termination under the following conditions: ``(1) The conditions specified in subsection (c) (1), (2), (4), (5), and (6) of this section apply to terminations of the last 20 years of copyright term as provided by the amendments made by the Copyright Term Extension Act of 1997. ``(2) Termination of the grant may be effected at any time during a period of 5 years beginning at the end of 75 years from the date copyright was originally secured.''. (2) Copyright renewal act of 1992.--Section 102 of the Copyright Renewal Act of 1992 (Public Law 102-307; 106 Stat. 266; 17 U.S.C. 304 note) is amended-- (A) in subsection (c)-- (i) by striking ``47'' and inserting ``67''; (ii) by striking ``(as amended by subsection (a) of this section)''; and (iii) by striking ``effective date of this section'' each place it appears and inserting ``effective date of the Copyright Term Extension Act of 1997''; and (B) in subsection (g)(2) in the second sentence by inserting before the period the following: ``, except each reference to forty-seven years in such provisions shall be deemed to be 67 years''. SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES. Section 108 of title 17, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply. ``(2) No reproduction, distribution, display, or performance is authorized under this subsection if-- ``(A) the work is subject to normal commercial exploitation; ``(B) a copy or phonorecord of the work can be obtained at a reasonable price; or ``(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies. ``(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.''. SEC. 4. DISTRIBUTION OF PHONORECORDS. Section 303 of title 17, United States Code, is amended-- (1) in the first sentence by striking ``Copyright'' and inserting ``(a) Copyright''; and (2) by adding at the end the following: ``(b) The distribution before January 1, 1978, of phonorecords shall not constitute publication of the musical work embodied therein for purposes of the Copyright Act of 1909.''. SEC. 5. EFFECTIVE DATES. (a) In General.--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) Distribution of Phonorecords.--The amendment made by section 4 shall not be a basis to reopen an action nor to commence a subsequent action for copyright infringement if an action in which such claim was raised was dismissed by final judgment before the date of enactment of this Act. The amendment made by section 4 shall not apply to any action pending on the date of enactment in any court in which a party, prior to the date of enactment, sought dismissal of, judgment on, or declaratory relief regarding a claim of infringement by arguing that the adverse party had no valid copyright in a musical work by virtue of the distribution of phonorecords embodying it.

Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. (Sec. 2) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002. Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured. Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured. (Sec. 3) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. (Sec. 4) Declares that the distribution of phonorecords before January 1, 1978, shall not constitute publication of the musical work embodied therein for purposes of copyright infringement under the Copyright Act of 1909. Provides that this declaration shall not be a basis to reopen an action nor to commence a subsequent action for copyright infringement if an action in which such claim was raised was dismissed by final judgment before the date of enactment of this Act.

Copyright Term Extension Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Your Caller Act of 2000''. SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person or entity within the United States, in making any telephone solicitation, to interfere with or circumvent the ability of a caller identification service to access or provide to the recipient of the call the information about the call (as required under the regulations issued under paragraph (2)) that such service is capable of providing. ``(2) Regulations.--Not later than 6 months after the date of the enactment of the Know Your Caller Act of 2000, the Commission shall prescribe regulations to implement this subsection which shall-- ``(A) require any person or entity making a telephone solicitation to make such solicitation in a manner such that a recipient of such solicitation having a caller identification service capable of providing such information will be provided by such service with-- ``(i) the name of the person or entity on whose behalf such solicitation is being made; and ``(ii) a valid and working telephone number at which the caller or the person or entity on whose behalf such solicitation was made may be reached during regular business hours for the purpose of requesting that the recipient of such solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 CFR 64.1200) to be maintained by the person making such solicitation; and ``(B) provide that any person or entity who receives a request from a person to be placed on such do-not-call list may not use such person's name and telephone number for any other telemarketing, mail marketing, or other marketing purpose (including transfer or sale to any other entity for marketing use) other than enforcement of such list. ``(2) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $5,000 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). ``(3) Definitions.--For purposes of this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service. Such term includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227), as redesignated by section 2 of this Act, is further amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(E) interfering with or circumventing caller identification services.''. (b) Actions by States.--The first sentence of subsection (g)(1) of such section 227, as so redesignated, is further amended by inserting after ``this section,'' the following: ``or has engaged or is engaging in a pattern or practice of interfering with or circumventing caller identification services of residents of that State in violation of subsection (e) or the regulations prescribed under such subsection,''.*ERR08*

Directs the Federal Communications Commission to prescribe regulations implementing such prohibition. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations.

Know Your Caller Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Funding to Prevent Teen Pregnancy Act''. SEC. 2. TEENAGE PREGNANCY PREVENTION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--TEENAGE PREGNANCY PREVENTION ``SEC. 2901. TEENAGE PREGNANCY PREVENTION GRANTS. ``(a) Authority.--The Secretary may award on a competitive basis grants to public and private entities to establish or expand teenage pregnancy prevention programs. ``(b) Grant Recipients.--Grant recipients under this section may include State and local not-for-profit coalitions working to prevent teenage pregnancy, State, local, and tribal agencies, schools, entities that provide afterschool programs, and community and faith-based groups. ``(c) Priority.--In selecting grant recipients under this section, the Secretary shall give-- ``(1) highest priority to applicants seeking assistance for programs targeting communities or populations in which-- ``(A) teenage pregnancy or birth rates are higher than the corresponding State average; or ``(B) teenage pregnancy or birth rates are increasing; and ``(2) priority to applicants seeking assistance for programs that-- ``(A) will benefit underserved or at-risk populations such as young males or immigrant youths; or ``(B) will take advantage of other available resources and be coordinated with other programs that serve youth, such as workforce development and afterschool programs. ``(d) Use of Funds.--Funds received by an entity as a grant under this section shall be used for programs that-- ``(1) replicate or substantially incorporate the elements of one or more teenage pregnancy prevention programs that have been proven (on the basis of rigorous scientific research) to delay sexual intercourse or sexual activity, increase condom or contraceptive use (without increasing sexual activity), or reduce teenage pregnancy; and ``(2) incorporate one or more of the following strategies for preventing teenage pregnancy: encouraging teenagers to delay sexual activity; sex and HIV education; interventions for sexually active teenagers; preventive health services; youth development programs; service learning programs; and outreach or media programs. ``(e) Complete Information.--Programs receiving funds under this section that focus on instruction that includes discussion of human sexuality and reproduction shall provide information that is medically accurate in regard to the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of unintended pregnancy and contracting sexually transmitted diseases, including HIV/AIDS. ``(f) Applications.--Each entity seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(g) Matching Funds.-- ``(1) In general.--The Secretary may not award a grant to an applicant for a program under this section unless the applicant demonstrates that it will pay, from funds derived from non-Federal sources, at least 25 percent of the cost of the program. ``(2) Applicant's share.--The applicant's share of the cost of a program shall be provided in cash or in kind. ``(h) Supplementation of Funds.--An entity that receives funds as a grant under this section shall use the funds to supplement and not supplant funds that would otherwise be available to the entity for teenage pregnancy prevention. ``(i) Evaluations.-- ``(1) In general.--The Secretary shall-- ``(A) conduct or provide for a rigorous evaluation of 10 percent of programs for which a grant is awarded under this section; ``(B) collect basic data on each program for which a grant is awarded under this section; and ``(C) upon completion of the evaluations referred to in subparagraph (A), submit to the Congress a report that includes a detailed statement on the effectiveness of grants under this section. ``(2) Cooperation by grantees.--Each grant recipient under this section shall provide such information and cooperation as may be required for an evaluation under paragraph (1). ``(j) Definitions.--For purposes of this section: ``(1) The term `medically accurate', with respect to information, means information that is supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and where relevant, published in peer review journals. ``(2) The term `rigorous scientific research' means based on a program evaluation that: ``(A) Measured impact on sexual or contraceptive behavior, pregnancy or childbearing. ``(B) Employed an experimental or quasi- experimental design with well-constructed and appropriate comparison groups. ``(C) Had a sample size large enough (at least 100 in the combined treatment and control group) and a follow-up interval long enough (at least six months) to draw valid conclusions about impact. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2006, and such sums as may be necessary thereafter. In addition, there are authorized to be appropriated for evaluations under subsection (i) such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter.''.

Responsible Funding to Prevent Teen Pregnancy Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award competitive grants to public and private entities to establish or expand teenage pregnancy prevention programs. Requires the Secretary to give: (1) highest priority to applicants seeking assistance for programs targeting communities or populations in which teenage pregnancy or birth rates are higher than the state average or are increasing; and (2) priority to applicants seeking assistance for programs that will benefit underserved or at-risk populations or will take advantage of other available resources and be coordinated with other programs that serve youth. Requires funds to be used for programs that: (1) replicate or substantially incorporate elements of teenage pregnancy prevention programs that have proven to delay sexual intercourse or sexual activity, increase condom or contraceptive use (without increasing sexual activity), or reduce teenage pregnancy; and (2) incorporate specified strategies for preventing teenage pregnancy, including outreach or media programs. Requires programs receiving funds that focus on instruction that includes discussion of human sexuality and reproduction to provide medically accurate information regarding the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of unintended pregnancy and sexually transmitted diseases. Requires the Secretary to: (1) conduct or provide for a rigorous evaluation of 10% of programs for which a grant is awarded; (2) collect basic data on each program; and (3) report to Congress on grant effectiveness.

To authorize the Secretary of Health and Human Services to award on a competitive basis grants to public and private entities to establish or expand teenage pregnancy prevention programs.

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF IRON CASTINGS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to subsection (b), the United States Customs Service shall, not later than 120 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (c), without liability for any countervailing duties in excess of the amounts deposited by the importer of record at the time of entry for such countervailing duties, except that no refund of amounts paid by the importer of record before the date of the enactment of this Act with respect to such entry shall be made pursuant to such liquidation or reliquidation. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (c) only if a request therefor is filed with the Customs Service within 45 days after the date of the enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Entries.-- (1) In general.--The entries referred to in subsection (a) are any entry of iron metal castings that-- (A) was made by Campbell Foundry Company, the importer or record; and (B) was entered into the United States during the period beginning on January 1, 1981, and ending on September 30, 1992. (2) Specific entries.--The entries referred to in subsection (a) include, but are not limited to, the following: Entry number Date of entry 86969803510 04/01/86 86969804910 04/01/86 86970090710 04/22/86 86970396210 05/09/86 86970425910 05/15/86 86970423310 05/15/86 86970506910 05/29/86 86970618910 06/03/86 86970616310 06/04/86 86970617610 06/05/86 86970615010 06/06/86 86970489310 06/25/86 86424497610 09/30/86 91700001794 10/10/86 91700001828 10/14/86 91700003022 10/16/86 91700003212 10/17/86 91700003238 10/17/86 91700003063 10/21/86 91700005050 10/24/86 91700005043 10/29/86 91700005035 10/29/86 91700007676 11/14/86 91700008880 11/24/86 91700018343 03/05/87 91700023525 03/26/87 91700022345 04/10/87 91700022253 04/10/87 91700022246 04/10/87 91700022337 04/10/87 91700027203 05/04/87 91700027765 05/04/87 91700027146 05/04/87 91700027179 05/07/87 91700027161 05/07/87 91700027195 05/07/87 91700027120 05/07/87 91700027153 05/07/87 91700028433 05/08/87 91700028441 05/08/87 91700030462 05/29/87 91700030413 05/29/87 91700030439 05/29/87 91700030447 05/29/87 91700030470 05/29/87 91700030397 05/29/87 91700032716 06/11/87 91700032872 06/11/87 91700032880 06/11/87 91700032708 06/11/87 91700023864 06/11/87 91700032724 06/11/87 91700033540 06/22/87 91700033557 06/22/87 91700033565 06/22/87 91700037699 07/16/87 91700037749 07/16/87 91700037756 07/16/87 91700037970 07/16/87 91700038804 07/22/87 91700037764 08/03/87 91700041212 08/06/87 91700041204 08/06/87 91700040214 08/06/87 91700041238 08/06/87 91700043176 08/19/87 91700045098 09/11/87 91700045080 09/11/87 91700045023 09/11/87 91700045031 09/11/87 91700045072 09/11/87 91700045015 09/11/87 91700048118 09/22/87 91700048126 09/22/87 91700048027 09/22/87 91700048092 09/22/87 91700051914 10/16/87 91700051898 10/16/87 91700051922 10/16/87 91700051906 10/16/87 91700050346 10/19/87 91700050353 10/19/87 91700050338 10/23/87 91700057044 11/20/87 91700057721 11/30/87 91700058307 12/02/87 91700064008 01/20/88 91700064107 01/20/88 91700092942 08/29/88 91700096133 09/26/88 91700098410 10/17/88 91700097404 10/25/88 91700101818 10/31/88 91700101933 10/31/88 91700101826 10/31/88 91700101792 11/01/88 91700120750 05/04/89 91700122012 05/10/89 91700127086 05/18/89 91700124539 05/25/89 91700129520 06/07/89 91700131583 06/15/89 91700132938 06/22/89 91700133126 07/06/89 91700137374 07/18/89 91700140592 08/09/89 91700141764 08/15/89 91700142622 08/24/89 91700142614 08/24/89 86969659010 86970092310 86970278510 86969972010 86872963310 86969985610 91700001802

Directs the Customs Service to liquidate or reliquidate certain entries of iron metal castings made by the Campbell Foundry Company.

To provide for the liquidation or reliquidation of certain entries.

SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009. (a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1) of section 2505(a) (relating to general rule for unified credit against gift tax), after the application of subsection (f), is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Maximum Estate Tax Rate Equal to 45 Percent.-- (1) In general.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended-- (A) by striking ``but not over $2,000,000'' in the table contained in paragraph (1), (B) by striking the last 2 items in such table, (C) by striking ``(1) in general.--'', and (D) by striking paragraph (2). (2) Conforming amendment.--Paragraphs (1) and (2) of section 2102(b) of such Code are amended to read as follows: ``(1) In general.--A credit in an amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $60,000 shall be allowed against the tax imposed by section 2101. ``(2) Residents of possessions of the united states.--In the case of a decedent who is considered to be a `nonresident not a citizen of the United States' under section 2209, the credit allowed under this subsection shall not be less than the proportion of the amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $175,000 which the value of that part of the decedent's gross estate which at the time of the decedent's death is situated in the United States bears to the value of the decedent's entire gross estate, wherever situated.''. (d) Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (f) Additional Modifications to Estate Tax.-- (1) In general.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A) Subtitles A and E of title V. (B) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (2) Sunset not to apply.-- (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Repeal of deadwood.-- (A) Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (D) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604. SEC. 2. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. (a) In General.--Section 2010(c) of the Internal Revenue Code of 1986, as amended by section 1(b), is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Applicable exclusion amount.--For purposes of this subsection, the applicable exclusion amount is the sum of-- ``(A) the basic exclusion amount, and ``(B) in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. ``(3) Basic exclusion amount.-- ``(A) In general.--For purposes of this subsection, the basic exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(4) Aggregate deceased spousal unused exclusion amount.-- For purposes of this subsection, the term `aggregate deceased spousal unused exclusion amount' means the lesser of-- ``(A) the basic exclusion amount, or ``(B) the sum of the deceased spousal unused exclusion amounts computed with respect to each deceased spouse of the surviving spouse. ``(5) Deceased spousal unused exclusion amount.--For purposes of this subsection, the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2009, the excess (if any) of-- ``(A) the basic exclusion amount of the deceased spouse, over ``(B) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. ``(6) Special rules.-- ``(A) Election required.--A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (5) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return. ``(B) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.--Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986, as amended by section 1(a), is amended to read as follows: ``(1) the applicable credit amount in effect under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by''. (2) Section 2631(c) of such Code is amended by striking ``the applicable exclusion amount'' and inserting ``the basic exclusion amount''. (3) Section 6018(a)(1) of such Code is amended by striking ``applicable exclusion amount'' and inserting ``basic exclusion amount''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. SEC. 3. SENSE OF THE SENATE REGARDING REVENUE NEUTRALITY. It is the sense of the Senate that any reduction in Federal revenues resulting from the provisions of, and amendments made by, this Act should be fully offset.

Amends the Internal Revenue Code to: (1) establish a permanent estate tax exclusion of $3.5 million ($7 million for married couples filing joint tax returns) and a maximum 45% tax rate for decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009; (2) allow an annual inflation adjustment to the exclusion amount after 2010; and (3) allow a surviving spouse an increase in the estate tax exclusion by the unused exclusion amount of a deceased spouse. Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset.

A bill to amend the Internal Revenue Code of 1986 to permanently extend the estate tax as in effect in 2009, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Public Transportation Terrorism Prevention Act of 2004''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Memorandum of understanding. Sec. 4. Security assessments. Sec. 5. Security assistance grants. Sec. 6. Intelligence sharing. Sec. 7. Research, development, and demonstration grants. Sec. 8. Reporting requirements. Sec. 9. Authorization of appropriations. Sec. 10. Sunset provision. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) throughout the world, public transportation systems have been a primary target of terrorist attacks, causing countless death and injuries; (2) 6,000 public transportation agencies operate in the United States; (3) 14,000,000 people in the United States ride public transportation each work day; (4) safe and secure public transportation systems are essential to the Nation's economy and for significant national and international public events; (5) the Federal Transit Administration has invested $68,700,000,000 since 1992 for construction and improvements to the Nation's public transportation systems; (6) the Federal Government appropriately invested $11,000,000,000 in fiscal years 2002 and 2003 to protect our Nation's aviation system and its 1,800,000 daily passengers; (7) the Federal Government invested $115,000,000 in fiscal years 2003 and 2004 to protect public transportation systems in the United States; (8) the Federal Government has invested $9.16 in aviation security improvements per passenger, but only $0.006 in public transportation security improvements per passenger; (9) the General Accounting Office, the Mineta Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and other experts have reported an urgent need for significant investment in transit security improvements; and (10) the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation's public transportation systems. SEC. 3. MEMORANDUM OF UNDERSTANDING. (a) In General.--Not later than 45 days after the date of enactment of this Act, the Secretary of Transportation shall enter into a memorandum of understanding with the Secretary of Homeland Security to define and clarify the respective public transportation security roles and responsibilities of the Department of Transportation and the Department of Homeland Security. (b) Contents.--The memorandum of understanding described in subsection (a) shall-- (1) establish a process to develop security standards for public transportation agencies; (2) establish funding priorities for grants from the Department of Homeland Security to public transportation agencies; (3) create a method of direct coordination with public transportation agencies on security matters; (4) address any other issues determined to be appropriate by the Secretary of Transportation and the Secretary of Homeland Security; and (5) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security. SEC. 4. SECURITY ASSESSMENTS. (a) Public Transportation Security Assessments.-- (1) Submission.--Not later than 30 days after the date of enactment of this Act, the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Department of Homeland Security. (2) Review.--The Secretary of Homeland Security shall review and augment the security assessments received under paragraph (1). (3) Allocations.--The assessments described in paragraph (1) shall be used as the basis for allocating grant funds under section 5, unless the Secretary of Homeland Security determines that an adjustment is necessary to respond to an urgent threat or other significant factors, after notification to the Committee on Banking, Housing, and Urban Affairs of the Senate. (4) Security improvement priorities.--The Secretary of Homeland Security shall establish security improvement priorities, in consultation with the management and employee representatives of each public transportation system receiving an assessment that will be used by public transportation agencies for any funding provided under section 5. (5) Updates.--The Secretary of Homeland Security shall annually update the assessments referred to in this subsection and conduct assessments of all transit agencies considered to be at greatest risk of a terrorist attack. (b) Use of Assessment Information.--The Secretary of Homeland Security shall use the information collected under subsection (a)-- (1) to establish the process for developing security guidelines for public transportation security; (2) to design a security improvement strategy that minimizes terrorist threats to public transportation systems; and (3) to design a security improvement strategy that maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks. (c) Bus Public Transportation Systems.--The Secretary of Homeland Security shall conduct assessments of local bus-only public transportation systems to determine the specific needs of this form of public transportation that are appropriate to the size and nature of the bus system. (d) Rural Public Transportation Systems.--The Secretary of Homeland Security shall conduct assessments of selected public transportation systems that receive funds under section 5311 of title 49, United States Code, to determine the specific needs of this form of public transportation that are appropriate to the size and nature of the system. SEC. 5. SECURITY ASSISTANCE GRANTS. (a) Capital Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section 4(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital security improvements. (b) Operational Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section 4(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) security training for transit employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 4(a)(4); and (F) other appropriate security improvements identified under section 4(a)(4), excluding routine, ongoing personnel costs. (c) Congressional Notification.--Not later than 3 days before any grant is awarded under this section, the Secretary of Homeland Security shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant. (d) Transit Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall-- (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this subsection; and (3) report annually to the Department of Homeland Security on the use of grant funds received under this section. (e) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. SEC. 6. INTELLIGENCE SHARING. (a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing Analysis Center.-- (1) Establishment.--The Department of Homeland Security shall fund the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63 to protect critical infrastructure. (2) Public transportation agency participation.--The Secretary of Homeland Security-- (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge any public transportation agency a fee for participation in the ISAC. SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS. (a) Grants Authorized.--The Secretary of Homeland Security, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstration of, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (b) Use of Funds.--Grants awarded under subsection (a) may be used for-- (1) researching chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (2) researching imaging technologies; (3) conducting product evaluations and testing; and (4) researching other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (c) Reporting Requirement.--Each entity that receives a grant under this section shall report annually to the Department of Homeland Security on the use of grant funds received under this section. (d) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee shall return any amount so used to the Treasury of the United States. SEC. 8. REPORTING REQUIREMENTS. (a) Annual Report to Congress.--Not later than March 31 of each year, the Secretary of Homeland Security shall submit a report, which describes the implementation of section 4 through 7, and the state of public transportation security in the United States, to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; (2) the Committee on Governmental Affairs of the Senate; and (3) the Committee on Appropriations of the Senate. (b) Annual Report to Governors.--Not later than March 31 of each year, the Secretary of Homeland Security shall submit a report to the governor of each State in which a transit agency that has received a grant under this Act is operating that specifies the amount of grant funds distributed to each such transit agency and the use of such grant funds. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Capital Security Assistance Program.--There are authorized to be appropriated $3,500,000,000 for fiscal year 2005 to carry out the provisions of section 5(a), which shall remain available until expended. (b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 5(b)-- (1) $800,000,000 for fiscal year 2005; (2) $500,000,000 for fiscal year 2006; and (3) $200,000,000 for fiscal year 2007. (c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 6. (d) Research.--There are authorized to be appropriated $200,000,000 for fiscal year 2005 to carry out the provisions of section 7, which shall remain available until expended. SEC. 10. SUNSET PROVISION. This Act is repealed on October 1, 2007.

Public Transportation Terrorism Prevention Act of 2004 - (Sec. 3) Directs the Secretary of Transportation to enter into a memorandum of understanding (MOU) with the Secretary of Homeland Security (Secretary) to define and clarify the respective public transportation security roles and responsibilities of the Department of Transportation (DOT) and the Department of Homeland Security (DHS). Requires DOT's Federal Transit Administration to submit all public transportation security assessments to DHS and the Secretary of Homeland Security to review and augment such assessments. (Sec. 4) Requires the Secretary to: (1) establish security improvement priorities and to update them annually; (2) conduct assessments of all transit agencies considered to be at greatest risk of a terrorist attack, of local bus-only public transportation systems, and of selected rural transportation systems; and (3) use information collected to establish the process for developing security guidelines. (Sec. 5) Directs the Secretary to award grants directly to public transportation agencies for allowable capital security improvements (including tunnel and perimeter protection systems, and surveillance and communications equipment); and (2) operational security improvements (including security training for transit employees, drills, public awareness campaigns, and canine patrols for chemical, biological, or explosives detection). Requires grantees that have used grant funds for purposes other than for grant purposes to return any amount so used to the Treasury. (Sec. 6) Directs the Secretary to: (1) ensure that DOT receives appropriate and timely notification of all credible terrorist threats against U.S. public transportation assets; and (2) award grants for research, development, and demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from such attacks. Requires DHS to fund the reasonable costs of an Information Sharing and Analysis Center for Public Transportation. Directs the Secretary to require public transportation agencies that have been determined to be at significant risk of terrorist attack to participate in the ISAC. Encourages other public transportation agencies to participate in the ISAC, without charge of a fee. (Sec. 8) Directs the Secretary to report: (1) to specified congressional committees on the implementation of this Act and on the state of public transportation security in the United States; and (2) to the governor of each State in which a transit agency that has received a grant is operating on the amount of the grant and its use. (Sec. 9) Authorizes appropriations for FY 2005 for: (1) the Capital Security Assistance Program; (2) the Operational Security Assistance Program; (3) intelligence; and (4) research.

An original bill to authorize the Secretary of Homeland Security to award grants to public transportation agencies to improve security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2015''. SEC. 2. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop and maintain a current and accurate multipurpose cadastre of Federal real property to support Federal land management activities, including, but not limited to: resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. (b) Cost-Sharing.--The Secretary may enter into cost-sharing agreements with States to include any non-Federal lands in a State in the cadastre. The Federal share of any such cost agreement shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal lands in the State. (c) Consolidation and Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on-- (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior, the statutory authorization for such, and the amount expended by the Federal Government for each such activity in fiscal year 2014; (2) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the existing real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, together with a justification for not terminating or consolidating such in the multipurpose cadastre authorized by this Act; (4) the use of existing real property inventories or any components of any cadastre currently conducted by any unit of State or local government that can be used to identify Federal real property within such unit of government; (5) the cost-savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will become part of the multipurpose cadastre authorized by this Act, and a plan for implementation of this Act, including a cost estimate and the feasibility of the use of revenue from any transactional activity authorized by law that may be used to offset any costs of implementing this Act; (6) in consultation with the Director of the Office of Management and Budget, the Administrator of the General Services Administration, and the Comptroller General of the United States, conduct the assessment required by paragraphs (1) through (5) of this subsection with regard to all cadastres and inventories authorized, operated or maintained by all other Executive agencies of the Federal Government; and (7) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) participate, pursuant to section 216 of Public Law 107-347, in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial information pertaining to the cadastre for all users of such information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 for the implementation of and compliance with such standards as may be applicable to the cadastre; (C) integrate, or make the cadastre interoperable with, the Federal Real Property Profile established pursuant to Executive Order 13327; (D) integrate with and leverage to the maximum extent practicable current cadastre activities of units of State and local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Contracts entered into under paragraph (1)(E) shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded in accordance with the selection procedures in title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.). SEC. 3. DEFINITIONS. As used in this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Cadastre.--The term ``cadastre'' means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a current geodetic network. (B) A series of current, accurate large scale maps. (C) An existing cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, which can be used to retrieve information and cross reference between and among other existing data files, which may contain information about the use, assets and infrastructure of each parcel. (3) Real property.--The term ``real property'' means real estate consisting of land, buildings, crops, forests, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it, including any interest, benefit, right, or privilege in such property. SEC. 4. TRANSPARENCY AND PUBLIC ACCESS. The Secretary shall-- (1) make the cadastre publically available on the Internet in a graphically geo-enabled and searchable format; (2) ensure that the inventory referred to in section 2 includes the identification of all lands and parcels suitable for disposal by Resource Management Plans conducted for pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 et seq.); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, and buildings or facilities thereon, or information related thereto, if such disclosure would impair or jeopardize the national security or homeland defense of the United States. SEC. 5. RIGHT OF ACTION. Nothing in this Act shall create any substantive or procedural right or benefit. SEC. 6. CERTAIN NEW ACTIONS NOT REQUIRED. Nothing in this Act shall require or authorize any new surveying or mapping of Federal land, the evaluation of any parcel of land for potential management by non-Federal entities, the disposal of any Federal land, or any new appraisal or assessment of the value or cultural and archaeological resources on any parcel of Federal land.

Federal Land Asset Inventory Reform Act of 2015 This bill directs the Department of the Interior to develop and maintain a current, accurate multipurpose cadastre (inventory) of federal real property to assist with federal land management activities, including, but not limited to, resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. Interior may enter into cost-sharing agreements with states to include any non-federal lands in this cadastre. The federal share of any such agreement shall be up to 50% of the total cost to a state for the development of a cadastre of the non-federal lands. Interior shall report on: (1) existing executive agency real property inventories or any components of any cadastre; (2) consolidation of inventories and components; (3) the use of existing inventories and components of any cadastre; (4) cost savings that will be achieved; (5) a plan for implementation of this Act, including a cost estimate and the feasibility of using revenue from any authorized transactional activity to offset such costs; and (6) recommendations for legislation.

Federal Land Asset Inventory Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taylor Force Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Palestinian Authority's practice of paying salaries to terrorists serving in Israeli prisons, as well as to the families of deceased terrorists, is an incentive to commit acts of terror. (2) The United States does not provide direct budgetary support to the Palestinian Authority. The United States does pay certain debts held by the Palestinian Authority and fund programs which the Palestinian Authority would otherwise be responsible for. (3) The United States Government supports community-based programs in the West Bank and Gaza that provide for basic human needs, such as food, water, health, shelter, protection, education and livelihoods, and that promote peace and development. (4) Since fiscal year 2015, annual appropriations legislation has provided for the reduction of Economic Support Fund aid for the Palestinian Authority ``by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year''. SEC. 3. SENSE OF CONGRESS. Congress-- (1) calls on the Palestinian Authority to stop these payments and repeal the laws authorizing them; (2) calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary support until the Palestinian Authority stops all payments incentivizing terror; (3) supports the creation of a general welfare system, available to all Palestinian citizens within the jurisdictional control of the Palestinian Authority; (4) urges the United States Permanent Representative to the United Nations to use that position to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge other member nations of the Security Council and the General Assembly to join the United States in calling on the Palestinian Authority to end this system immediately; and (5) urges the Department of State to use its bilateral and multilateral engagements with all governments and organizations committed to the cause of peace to highlight the issue of Palestinian Authority payments for acts of terrorism and join the United States in calling on the Palestinian Authority to end this system immediately. SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA. (a) In General.--Funds appropriated or otherwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for assistance for the West Bank and Gaza that directly benefit the Palestinian Authority may only be made available for such purpose if the Secretary of State certifies in writing to the appropriate congressional committees that the Palestinian Authority-- (1) is taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated by individuals under its jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan; (2) has terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals; and; (3) has revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual to determine the level of compensation paid.; and (4) is publicly condemning such acts of violence and is taking steps to investigate or is cooperating in investigations of such acts to bring the perpetrators to justice. (b) Exception.--The limitation on assistance under subsection (a) shall not apply to payments made to the East Jerusalem Hospital Network. (c) Rule of Construction.--Amounts withheld pursuant to this section shall be deemed to satisfy any similar withholding or reduction required under any other provision of law. SEC. 5. CONTINUOUS CERTIFICATION. Funds appropriated or otherwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for assistance for the West Bank and Gaza may only be made available for such purpose if, not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State certifies in writing to the appropriate congressional committees that the Palestinian Authority is taking credible and verifiable steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated by individuals under its jurisdictional control. SEC. 6. PALESTINIAN AUTHORITY ACCOUNTABILITY FUND. (a) Establishment of Fund.--There is established in the Treasury a fund to be known as the ``Palestinian Authority Accountability Fund'' (PAAF). The PAAF shall consist of funds withheld under sections 4 and 5. (b) Investments.--The Secretary of State shall invest funds in the PAAF in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary determines has a maturity suitable for the Fund. (c) Use of Funds.--Funds from the PAAF may be made available upon a certification by the Secretary of State that the Palestinian Authority has met the conditions set forth in section 4(a). (d) Disposition of Unused Funds.--On the date that is one year after the date of the enactment of this Act, and annually thereafter, all funds that are in the PAAF shall be withdrawn and made available to the Department of State for the purpose of assistance other than that deemed benefitting the Palestinian Authority. SEC. 67. ANNUAL REPORT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report including at a minimum the following elements: (1) An estimate of the amount expended by the Palestinian Authority during the previous calendar year as payments for acts of terrorism by individuals who are imprisoned for such acts. (2) An estimate of the amount expended by the Palestinian Authority during the previous calendar year as payments to the families of deceased individuals who committed an act of terrorism. (3) An overview of Palestinian laws, decrees, regulations, or documents in effect the previous calendar year that authorize or implement any payments reported under paragraphs (1) and (2). (4) A description of United States Government policy, efforts, and engagement with the Palestinian Authority in order to confirm the revocation of any law, decree, regulation, or document in effect the previous calendar year that authorizes or implements any payments reported under paragraphs (1) and (2). (5) A description of United States Government policy, efforts, and engagement with other governments, and at the United Nations, to highlight the issue of Palestinian payments for acts of terrorism and to urge other nations to join the United States in calling on the Palestinian Authority to end this system immediately. (b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. SEC. 78. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (2) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives.

Taylor Force Act (Sec. 3) This bill: (1) calls on the Palestinian Authority's (PA) to stop making payments to terrorists in Israeli prisons and to the families of deceased terrorists, (2) calls on countries to cease providing direct budgetary assistance to the PA until it stops all payments incentivizing terror, (3) urges the U.S. Permanent Representative to the United Nations (U.N.) and the Department of State to highlight the issue and urge other nations to call for an end to such payments, and (4) expresses support for creation of a general welfare system for all Palestinian citizens. (Sec. 4) Certain assistance under the Foreign Assistance Act of 1961 that directly benefits the PA may not be made available for the West Bank and Gaza unless the State Department certifies that the PA: is taking steps to end acts of violence against U.S. and Israeli citizens perpetrated by individuals under its jurisdictional control, such as the March 2016 attack that killed former Army officer Taylor Force; has terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual; has revoked any law, decree, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or incarceration period to determine compensation; and is publicly condemning such acts and is taking steps to investigate or is cooperating in investigations to bring the perpetrators to justice. This assistance limitation shall not apply to payments made to the East Jerusalem Hospital Network. (Sec. 5) Certain assistance under such Act for the West Bank and Gaza may not be made available unless the State Department certifies every 180 days that the PA is taking verifiable steps to end acts of violence against Israeli and U.S. citizens by individuals under its jurisdictional control. (Sec. 6) The bill establishes the Palestinian Authority Accountability Fund, which shall consist of amounts withheld under this bill. Such amounts may be made available upon a State Department certification that the PA has met the conditions for which they were withheld. (Sec. 7) The State Department shall report to Congress annually with respect to: (1) PA expenditures as payments to individuals and families for acts of terrorism; (2) Palestinian laws, decrees, regulations, or documents that authorize or implement such payments and U.S. policy and engagement with the PA to confirm their revocation; and (3) U.S. policy and engagement with other governments and the U.N. to highlight such payments and urge other nations to join the United States in calling on the PA to end them.

Taylor Force Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earning and Living Opportunities Act''. SEC. 2. AMENDMENTS. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; (2) in subsection (g), as so redesignated-- (A) in paragraph (1), by inserting at the end ``Provided, however, that any resident of a public or Indian housing development or any other person who qualifies as a low- or very low-income person under the preference categories set forth in section (c)(1)(B) shall, for purposes of this statute, continue to qualify, as initially verified, as a low- or very low- income person for a period of five years, irrespective of any increase in the person's income during that period.''; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) One-stop delivery system.--The term `one-stop delivery system' has the meaning given that term in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)).''; and (3) by inserting after subsection (d) the following new subsections: ``(e) Requirement for Employing Low- and Very Low-Income Persons.-- ``(1) Twenty percent requirement.-- ``(A) Condition of assistance.--It shall be a condition of any assistance provided to a public or Indian housing agency or contract awarded by a public or Indian housing agency for work to be performed in connection with development assistance provided from the capital fund under section 9(d) of the United States Housing Act of 1937, the operating fund under section 9(e) of such Act, or any other Federal assistance for housing and community development that, except as provided in paragraph 2(B), a minimum of 20 percent of all hours worked by employees of the public or Indian housing agency or of a contractor in connection with such contract shall be performed by low- or very low-income persons hired in accordance with subsection (c)(1)(B) ``(B) Requirement.--Recipients of Federal housing and community development assistance for housing rehabilitation, housing construction, or other public construction projects and their contractors shall provide that a minimum of 20 percent of all hours worked by new employees of the recipient or its contractors shall be performed by low- or very low- income persons hired in accordance with subsection (c)(2)(B). ``(2) Compliance.--As a condition of any contract awarded for the work described in paragraph (1), any contractor awarded such a contract shall-- ``(A)(i) immediately before beginning work under such contract, submit evidence to the satisfaction of the public or Indian housing agency, and the tenant association (or tenant delegate where a tenant association does not exist) at the development where the contracted work is to be done, showing that a minimum of 20 percent of all hours worked in connection with such contract shall be performed by low- or very low-income persons hired in accordance with subsection (c)(1)(B); and ``(ii) submit evidence to the satisfaction of the public or Indian housing agency showing that a minimum of 20 percent of all hours actually worked in connection with such contract were in fact performed by low- or very low-income persons hired in accordance with subsection (c)(1)(B); or ``(B) if such contractor cannot meet the requirement imposed by paragraph (1)-- ``(i) submit evidence to the satisfaction of the public or Indian housing agency and the tenant association (or tenant delegate where a tenant association does not exist) at the development where the contracted work is to be done, that such contractor made a best effort to hire low- and very low-income persons in conformance with subsection (c)(1)(B) by taking steps which include-- ``(I) recruiting and conducting job interviews at the affected development and in the affected community; ``(II) working with the public and Indian housing agency to advertise and recruit low- and very low-income persons; and ``(III) giving notice of such contract to the one-stop delivery system for the area which the housing subject to the contract is located, including the particular skills, knowledge, and abilities needed by potential employees for work under such contract; and ``(ii) provide to the public or Indian housing agency and the tenant association (or tenant delegate where a tenant association does not exist) at the development where the contracted work is to be done, evidence, as the Secretary shall by regulation require, sufficient to show why low- or very low-income persons who were provided by either the public or Indian housing agency or by the one-stop delivery system, or who otherwise made themselves available did not have the skills, knowledge, or abilities to perform the work. ``(3) Training.--Any contractor awarded a contract for the work described in paragraph (1) shall provide on-the-job training to any employee who is a low- or very low-income person and hired in conformance with subsection (c)(1)(B). Such training may be provided through an approved apprenticeship program. ``(f) Recruitment, Referral, and Training Requirements.--Public and Indian housing agencies shall-- ``(1) maintain a registry of eligible low- and very low- income persons who reside in the public housing which is the site of a contract referred to in this section; ``(2) provide to any contractor and the tenant association (or tenant delegate where a tenant association does not exist) at the development where the contracted work is to be done, awarded such a contract names and applications from low- and very low-income persons; ``(3) refer any low- or very low-income persons seeking qualifying skills to the one-stop delivery system for the area in which the housing subject to a contract is located; ``(4) consult with contractors to ensure that with the skills, knowledge, and abilities, and in the priority categories of subsections (c)(1)(B) and (c)(2)(B) low- and very low-income persons are not passed over in hiring; ``(5) provide to the one-stop delivery system for the area in which the housing subject to a contract is located a detailed description of the work to be done on all projects for which it is accepting, or will be accepting, bids, and a list of the priority categories, so that eligible low- and very low- income persons may be appropriately trained; and ``(6) make any other effort that may be necessary to increase the number of low- and very low-income persons hired in accordance with subsection (c)(1)(B).''.

Earning and Living Opportunities Act - Amends the Housing and Urban Development Act of 1968 to require as a condition for Federal housing and community development assistance that: (1) a public or Indian housing agency or contractor shall require that at least 20 percent of all employee hours be performed by low- or very low-income persons; and (2) a recipient for housing rehabilitation, housing construction, or other public construction projects or contractor shall require that at least 20 percent of all new employee hours be performed by low- or very low-income persons.Sets forth provisions respecting: (1) contractor compliance and job training; and (2) agency recruitment and referral.

To amend section 3 of the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Tax Credit Act of 2003''. SEC. 2. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. (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: ``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in a rural area during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of-- ``(1) 10 percent of the purchase price of the residence, or ``(2) $5,000. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.-- ``(A) In general.--The amount allowed as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $30,000 ($60,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Limitation based on amount of tax.--The credit allowed under subsection (a) for any 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 this subpart (other than this section and section 23) and section 27 for the taxable year. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if the residence is a qualified residence with respect to both the husband and wife, and the amount specified under subsection (a)(2) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (a)(2) shall be applied by substituting `$2,500' for `$5,000'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a qualified residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000. ``(c) Definitions.--For purposes of this section-- ``(1) Rural area.--The term `rural area' has the meaning given such term by section 520 of the Housing Act of 1949. ``(2) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 72(t)(8)(D)(i). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(4) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Recapture of Credit in Case of Certain Sales.-- ``(1) In general.--Except as provided in paragraph (5), if the taxpayer-- ``(A) fails to use a qualified residence as the principal residence of the taxpayer, or ``(B) disposes of a qualified residence, with respect to the purchase of which a credit was allowed under subsection (a) at any time within 5 years after the date the taxpayer acquired the property, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the applicable recapture percentage of the amount of the credit allowed to the taxpayer under this section, plus ``(B) interest at the overpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the sale occurs in: percentage is: Year 1............................... 100 Year 2............................... 80 Year 3............................... 60 Year 4............................... 40 Year 5............................... 20 Years 6 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the purchase of the qualified residence described in subsection (a) occurs. ``(4) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(5) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a qualified residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 5-year period to which reference is made under paragraph (1), ``(B) a disposition of the old qualified residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the qualified residence is sold or the other spouse retains such residence. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (2) Section 24(b)(3)(B), as added by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``23 and 25B'' and inserting ``23, 25B, and 25C''. (3) Section 25(e)(1)(C) is amended by striking ``23 and 1400C'' and by inserting ``23, 25C, and 1400C''. (4) Section 25(e)(1)(C), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by inserting ``25C,'' after ``25B,''. (5) Section 25B, as added by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``section 23'' and inserting ``sections 23 and 25C''. (6) Section 26(a)(1), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (7) Section 1400C(d) is amended by inserting ``and section 25C'' after ``this section''. (8) Section 1400C(d), as amended by the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (9) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting before the item relating to section 26 the following: ``Sec. 25C. Purchase of principal residences by first-time rural homebuyers.''. (c) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b)(9) shall apply to purchases after the date of the enactment of this Act, in taxable years ending after such date. (2) Temporary conforming amendments.--The amendments made by paragraphs (1), (3), and (7) of subsection (b) shall apply to taxable years ending before January 1, 2004. (3) Permanent conforming amendments.--The amendments made by paragraphs (2), (4), (5), (6), (7), and (8) of subsection (b) shall apply to taxable years beginning after December 31, 2003. 8

Rural Housing Tax Credit Act of 2003 - Amends the Internal Revenue Code to allow a credit (the lesser of ten percent of the purchase price or $5,000) for the purchase of a principal residence by a first-time rural homebuyer. Establishes credit limitations based upon: (1) adjusted gross income; and (2) tax.Provides for credit recapture in the event of: (1) certain sales; or (2) failure to use as a principal residence.

To amend the Internal Revenue Code of 1986 to allow a first time homebuyer credit for the purchase of principal residences located in rural areas.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the ``Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act''. SEC. 2. IMPROVING CALCULATION, OVERSIGHT, AND ACCOUNTABILITY OF NON-DSH SUPPLEMENTAL PAYMENTS UNDER THE MEDICAID PROGRAM. (a) Guidance for States on Non-DSH Supplemental Payments; State Reporting and Auditing Requirements.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (k) the following new subsection: ``(l)(1) Not later than 180 days after the date of the enactment of this subsection, the Secretary shall-- ``(A) issue guidance to States that identifies permissible methods for calculation of non-DSH supplemental payments to providers to ensure such payments are consistent with section 1902(a)(30)(A) (including any regulations issued under such section such as the regulations specifying upper payment limits under the State plan in part 447 of title 42, Code of Federal Regulations (or any successor regulations)); ``(B) establish annual reporting requirements for States making non-DSH supplemental payments that include-- ``(i) with respect to a provider that is a hospital, nursing facility, intermediate care facility for the mentally retarded, or an institution for mental diseases, or any other institution, an identification of each provider that received a non-DSH supplemental payment for the preceding fiscal year, the type of ownership or operating authority of each such provider, and the aggregate amount of such payments received by each provider for the preceding fiscal year broken out by category of service; ``(ii) with respect a provider that is not described in clause (i), any information specified in the preceding paragraph, as determined appropriate by the Secretary; and ``(iii) such other information as the Secretary determines to be necessary to ensure that non-DSH supplemental payments made to providers under this section are consistent with section 1902(a)(30)(A); and ``(C) establish requirements for States making non-DSH supplemental payments to conduct and submit to the Secretary an annual independent certified audit that verifies-- ``(i) the extent to which non-DSH supplemental payments made in the preceding fiscal year are consistent with the guidance issued under subparagraph (A); ``(ii) that payments made under the State plan (or under a waiver of the plan) are only for the provision of covered services to eligible individuals under the State plan (or under a waiver of the plan); and ``(iii) any other information the Secretary determines is necessary to ensure non-DSH supplemental payments are consistent with applicable Federal laws and regulations. ``(2) For purposes of this subsection, the term `non-DSH supplemental payment' means a payment, other than a payment under section 1923, that-- ``(A) is identified by the Secretary through guidance described in paragraph (1)(A); ``(B) is made by a State to a provider under the State plan (or under a waiver of the plan) for an item or service furnished to an individual eligible for medical assistance under the State plan (or under a waiver of the plan); and ``(C) is in addition to any base or standard payments made to a provider under the State plan (or under a waiver of the plan) for such an item or service, including any additional payments made to such provider that are not more than any limits imposed pursuant to section 1902(a)(30)(A) (including the regulations specifying upper payment limits under the State plan in part 447 of title 42, Code of Federal Regulations (or any successor regulations)).''. (b) State Reporting and Auditing of Non-DSH Supplemental Payments.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (25), by striking ``or'' at the end; (2) by redesignating paragraph (26) as paragraph (27); and (3) by inserting after paragraph (25) the following new paragraph: ``(26) with respect to amounts expended to make any non-DSH supplemental payment (as defined in subsection (l)(2)), unless the State complies with the reporting and auditing requirements under subparagraphs (B) and (C) of subsection (l)(1); or''.

Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act This bill amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) issue guidance to states that identifies permissible methods for calculation of non-DSH (disproportionate share) supplemental payments to providers, (2) establish annual reporting requirements for states making non-DSH supplemental payments, and (3) establish requirements for states making non-DSH supplemental payments to conduct and submit to the Secretary an annual independent certified audit. No federal payment under Medicaid may be made to a state for any expenditures to make non-DSH supplemental payments unless the state complies with the reporting and auditing requirements of this Act.

Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beach Protection Act of 2008''. SEC. 2. BEACHWATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION. (a) In General.--Section 406 of the Federal Water Pollution Control Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d), (g), and (h) by striking ``monitoring and notification'' each place it appears and inserting ``monitoring, public notification, source tracking, sanitary surveys, and prevention efforts to address the identified sources of beachwater pollution''. (b) Authorization of Appropriations.--Section 406(i) of the Federal Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking ``$30,000,000 for each of fiscal years 2001 through 2005'' and inserting ``$60,000,000 for each of fiscal years 2008 through 2013, of which-- ``(1) up to 10 percent of the initial $10,000,000 made available for a fiscal year, at the direction of the States, may be used to remediate problems detected through beachwater monitoring and source identification programs funded, in whole or in part, by the Beaches Environmental Assessment and Coastal Health Act of 2000 (Public Law 106-284; 114 Stat. 870), the Beach Protection Act of 2008, or an amendment made by either of those Acts; ``(2) up to 40 percent of the next $5,000,000 made available for the fiscal year, at the direction of the States, may be used to remediate those problems; and ``(3) up to 50 percent of the remaining $45,000,000 made available for the fiscal year, at the direction of the States, may be used to remediate those problems.''. SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT. Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and inserting ``2013''. SEC. 4. STATE REPORTS. Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all environmental agencies of the State with authority to prevent or treat sources of beachwater pollution'' after ``public''. SEC. 5. USE OF RAPID TESTING METHODS. (a) Contents of State and Local Government Programs.--Section 406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid testing method after the last day of the 1-year period following the date of approval of the rapid testing method by the Administrator'' before the semicolon at the end. (b) Revised Criteria.--Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``rapid'' before ``testing''; and (B) by striking ``, as appropriate''; and (2) by adding at the end the following: ``(C) Validation of rapid testing methods.--Not later than 2 years after the date of enactment of this subparagraph, and periodically thereafter, the Administrator shall validate the rapid testing methods.''. (c) Definition.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Rapid testing method.--The term `rapid testing method' means a method of testing for which results are available within 2 hours after commencement of the rapid testing method.''. SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES. Section 406(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``prompt communication'' and inserting ``communication within 24 hours of the receipt of the results of a water quality sample''; (2) in subparagraph (A), by striking ``and'' at the end; (3) in subparagraph (B), by inserting ``and'' after the semicolon at the end; and (4) by adding at the end the following: ``(C) all agencies of the State government with authority to require the prevention or treatment of the sources of beachwater pollution;''. SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting a semicolon; (3) by adding at the end the following: ``(8) measures to develop and implement a beachwater pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; ``(9) a publicly accessible and searchable global information system database with information updated within 24 hours of the availability of the information, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and ``(10) measures to ensure that closures or advisories are made or issued within 24 hours after the State government determines that any coastal recreation waters in the State are not meeting or are not expected to meet applicable water quality standards for pathogens.''. SEC. 8. COMPLIANCE REVIEW. Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (2) by striking ``In the'' and inserting the following: ``(1) In general.--In the''; and (3) by adding at the end the following: ``(2) Compliance review.--On or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall-- ``(A) prepare a written assessment of compliance with all statutory and regulatory requirements of this section for each State and local government, and of compliance with conditions of each grant made under this section to a State or local government, including compliance with any requirement or condition under subsection (a)(2) or (c); ``(B) notify the State or local government of the assessment; and ``(C) make each of the assessments available to the public in a searchable database on or before December 31 of the calendar year. ``(3) Corrective action.-- ``(A) In general.--Any State or local government that the Administrator notifies under paragraph (2) that the State or local government is not in compliance with any requirement or grant condition described in paragraph (2) shall take such action as is necessary to comply with the requirement or condition by not later than 1 year after the date of the notification. ``(B) Noncompliance.--If the State or local government is not in compliance with such a requirement or condition by the date that is 1 year after the deadline specified in subparagraph (A), any grants made under subsection (b) to the State or local government, after the last day of the 1-year period and while the State or local government is not in compliance with all requirements and grant conditions described in paragraph (2), shall require a Federal share of not to exceed 50 percent. ``(4) GAO review.--Not later than December 31 of the third calendar year beginning after the date of enactment of this paragraph, the Comptroller General of the United States shall-- ``(A) conduct a review of the activities of the Administrator under paragraphs (2) and (3) during the first and second calendar years beginning after that date of enactment; and ``(B) submit to Congress a report on the results of the review.''. SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA. (a) Study.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall commence a study of the formula for the distribution of grants under section 406 of the Federal Water Pollution Control Act (33 U.S.C. 1346) for the purpose of identifying potential revisions of that formula. (b) Requirements.--In conducting the study, the Administrator shall-- (1) consider the emphasis and valuation placed on length of beach season, including any findings made by the Government Accountability Office with respect to that emphasis and valuation; and (2) consult with appropriate Federal, State, and local agencies. (c) Report and Revision.--Not later than 1 year after the date of enactment of this Act, the Administrator shall-- (1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study, including any recommendations for revisions of the distribution formula referred to in subsection (a); and (2) revise the distribution formula referred to in subsection (a) in accordance with those recommendations.

Beach Protection Act of 2008 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Authorizes appropriations for such grants for FY2008-FY2013. (Sec. 3) Amends the Beaches Environmental Assessment and Coastal Health Act of 2000 to authorize appropriations to carry out such Act through FY2013. (Sec. 5) Requires grant recipients to identify: (1) the use of a rapid testing method; (2) measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials and all state agencies with authority to require the prevention or treatment of the sources of beach water pollution; (3) measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; (4) a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and (5) measures to ensure that closures or advisories are made or issued within 24 hours after a state government determines that its coastal recreation waters are not meeting applicable water quality standards for pathogens. Requires the Environmental Protection Agency (EPA) Administrator to: (1) publish a revised list of rapid testing methods; and (2) validate such methods no later than two years after this Act's enactment and periodically thereafter. (Sec. 8) Sets forth provisions requiring: (1) a review by the Administrator of state and local compliance with statutory and regulatory requirements and grant conditions, including compliance with public health and safety performance criteria and state and local program content requirements; (2) corrective actions by such governments not in compliance; and (3) a review by the Comptroller General of such compliance review and corrective action. (Sec. 9) Directs the Administrator to study and report to Congress on the formula for the distribution of grants for coastal recreation water quality monitoring under the Clean Water Act for the purpose of identifying potential revisions of that formula. Requires the Administrator to consider the emphasis and valuation placed on the length of beach season and to revise the distribution formula in accordance with the study's recommendations.

A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate Tax Relief Act of 2001''. SEC. 2. REDUCTION OF ESTATE TAX RATES. (a) In General.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsections: ``(b) Computation of Tax.--The tax imposed by this section shall be 39.6 percent of the amount equal to the excess (if any) of-- ``(1) the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. ``(c) Adjusted Taxable Gifts.--For purposes of paragraph (1)(B), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (b) Conforming Amendments.-- (1) Section 2010(c) of such Code is amended by striking ``the rate schedule set forth in section 2001(c)'' and inserting ``section 2001''. (2) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) a tax computed under section 2001 on the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.''. (3) Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to-- ``(1) the tax computed under section 2001 on the sum of the taxable gifts for such calendar year, over ``(2) the tax computed under section 2001 on the sum of the taxable gifts for each of the preceding calendar periods. ``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.''. (4) Section 6601(j)(2)(A)(i) of such Code is amended by striking ``the rate schedule set forth in section 2001(c)'' and inserting ``section 2001''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES INCREASED TO EXCLUSION EQUIVALENT OF $10,000,000; INFLATION ADJUSTMENT OF CREDIT. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended to read as follows: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of tax which would be determined under section 2001 if the amount with respect to which such tax is to be computed were the applicable exclusion amount. For purposes of the preceding sentence, the applicable exclusion amount is $10,000,000.''. (b) Inflation Adjustment.-- (1) In general.--Section 2010 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Inflation Adjustment.--In the case of any decedent dying, and gift made, in a calendar year after 2001, the $10,000,000 amount set forth in subsection (c) shall be increased by an amount equal to-- ``(1) $10,000,000, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (2) Conforming amendment.--Section 6018(a)(1) of such Code is amended by striking ``section 2010(c)'' and inserting ``section 2010''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 4. REPEAL OF ESTATE TAX BENEFIT FOR FAMILY-OWNED BUSINESS INTERESTS. (a) In General.--Section 2057 of the Internal Revenue Code of 1986 (relating to family-owned business interests) is hereby repealed. (b) Conforming Amendments.-- (1) Paragraph (10) of section 2031(c) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Estate Tax Relief Act of 2001)'' before the period. (2) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act.

Estate Tax Relief Act of 2001 - Amends the Internal Revenue Code to: (1) reduce the estate and gift tax rate; and (2) increase the unified credit exclusion to $10 million.

To amend the Internal Revenue Code of 1986 to reduce estate and gift tax rates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homebound Elderly Relief Opportunity Act of 1998''. SEC. 2. MODIFICATION OF HOME HEALTH SERVICES PAYMENT LIMITS. (a) Conditions on Implementation of Per Beneficiary Limits Under Interim Payment System.-- (1) In general.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended-- (A) in the first sentence of clause (v), by striking ``For'' and inserting ``Subject to clause (iv), for''; and (B) in clause (iv), to read as follows: ``(iv)(I) Clause (v) shall not apply for a cost reporting period beginning during fiscal year 1999, 2000, 2001, or 2002, unless the Secretary determines that the amount of the aggregate expenditures under this title for home health services in the fiscal year (as estimated by the Secretary) exceeds the applicable amount described in subclause (II). ``(II) For purposes of subclause (I), the applicable amount for fiscal year 1999 is $19,300,000,000, for fiscal year 2000 is $19,000,000,000, for fiscal year 2001 is $21,400,000,000, and for fiscal year 2002 is $23,100,000,000. ``(III) In determining under subclause (I) for a fiscal year whether estimated aggregate expenditures exceed the applicable amount, the Secretary shall compute, if applicable, the amount by which estimated aggregate expenditures were less than or greater than the applicable amount for previous fiscal years (beginning with fiscal year 1999), and apply such amount in the determination of the estimated aggregate expenditures for such fiscal year involved. In making computations pursuant to the previous sentence, the Secretary shall use information from fiscal years in which settled cost reports of all home health agencies are available. ``(IV) Not later than May 31 of each of fiscal years 1999 through 2002, the Secretary shall determine the estimated aggregate expenditures for home health services to be made during the fiscal year.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to cost reporting periods beginning on or after October 1, 1998. (b) Establishment of Regionally Uniform Per Beneficiary Limits Under Interim Payment System.-- (1) In general.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)) is amended-- (A) by amending subclause (I) of clause (v) to read as follows: ``(I) the per beneficiary annual limitation specified in clause (viii); and''; and (B) by adding at the end the following new clause: ``(viii) For purposes of clause (v)(I), the per beneficiary annual limitation is the following amount: ``(I) For an agency located in the New England census division (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont), $4,026.91. ``(II) For an agency located in the Middle Atlantic census division (New Jersey, New York, and Pennsylvania), $3,796.19. ``(III) For an agency located in the East North Central census division (Illinois, Indiana, Michigan, Ohio, and Wisconsin), $3,943.56. ``(IV) For an agency located in the West North Central census division (Iowa, Kansas, Minnesota, Montana, Nebraska, North Dakota, and South Dakota), $3,911.64. ``(V) For an agency located in the South Atlantic census division (Delaware, the District of Columbia, Florida, Georgia, Maryland, North Carolina, South Carolina, Virginia, and West Virginia), $4,132.02. ``(VI) For an agency located in the East South Central census division (Alabama, Kentucky, Mississippi, and Tennessee), $5,641.41. ``(VII) For an agency located in the West South Central census division (Arkansas, Louisiana, Oklahoma, and Texas), $5,507.11. ``(VIII) For an agency located in the Mountain census division (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming), $4,115.74. ``(IX) For an agency located in the Pacific census division (Alaska, California, Hawaii, Oregon, and Washington), $3,894.87. ``(X) For an agency located in the Commonwealth of Puerto Rico, $3,783.11. ``(XI) For an agency located in the Territory of Guam, $3,760.93.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to cost reporting periods beginning on or after October 1, 1998. (c) Elimination of Special Per Beneficiary Payment Rule for New Agencies.-- (1) In general.--Section 1861(v)(1)(L)(vi) of such Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602(c) of the Balanced Budget Act of 1997) is amended-- (A) by striking ``For services'' and inserting ``In the case of services''; and (B) by striking ``the following rules apply'' and all that follows through ``For beneficiaries'' and inserting ``for beneficiaries''. (2) Effective date.--The amendments made by paragraph (1) shall apply to cost reporting periods beginning on or after October 1, 1998. (d) 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''; and (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; (B) by striking the period at the end and inserting ``, or''; and (C) by adding at the end the following new subclause: ``(V) October 1, 1998, 108 percent of the mean of the labor-related and nonlabor per visit costs for freestanding home health agencies.''. (e) Judicial Review.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by subsection (b), is further amended by adding at the end the following new clause: ``(ix) There shall be no administrative or judicial review under section 1869, 1878, or under any other provision of law of any action by the Secretary under clause (i), (iv), or (viii), as amended by the Homebound Elderly Relief Opportunity Act of 1998, with respect to payment limits for cost reporting periods beginning on or after October 1, 1998.''. (f) Publication of New Limits.--Section 1861(v)(1)(L)(vii) of such Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended by adding at the end the following new subclause: ``(III) Notwithstanding subclause (II), in the case of per visit or per beneficiary limits for fiscal year 1999 established by reason of the Homebound Elderly Relief Opportunity Act of 1998, the Secretary shall establish such limits by not later than 90 days after the date of the enactment of such Act.''. (g) Elimination of Mandatory Reduction in Payment Limits.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking ``provide for a reduction by 15 percent in'' and inserting ``apply''. SEC. 3. REPORTS ON INTERIM PAYMENT SYSTEM. (a) Summary of Research.--By not later than January 1, 1999, the Secretary of Health and Human Services shall submit to Congress a report on the following matters: (1) Description of research.--A description of any research paid for by the Secretary on the development of a prospective payment system for home health services furnished under the Medicare program under title XVIII of the Social Security Act, and a summary of the results of such research. (2) Schedule for implementation of system.--The Secretary's schedule for the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (b) MedPAC Reports.-- (1) Review of secretary's report.--Not later than 60 days after the date the Secretary of Health and Human Services submits to Congress the report under subsection (a), the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall submit to Congress a report describing the Commission's analysis of the Secretary's report, and shall include the Commission's recommendations with respect to the matters contained in such report. (2) Annual report.--The Commission shall include in its annual report to Congress for June 1999 an analysis of whether changes in law made by the Balanced Budget Act of 1997, as modified by the amendments made by this Act, with respect to payments for home health services furnished under the Medicare program under title XVIII of the Social Security Act impede access to such services by individuals entitled to benefits under such program. (c) GAO Audits.-- (1) Research expenditures.--The Comptroller General of the United States shall conduct an audit of sums obligated or expended by the Health Care Financing Administration for the research described in subsection (a)(1), and of the data, reports, proposals, or other information provided by such research. (2) Estimates of aggregate spending for medicare home health services.--The Comptroller General shall conduct an audit of the estimated aggregate expenditures for home health services furnished under the Medicare program, as determined by the Secretary of Health and Human Services under section 1861(v)(1)(L)(iv)(IV) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(iv)(IV)), as added by section 2(b), for each of fiscal years 1999 through 2002.

Homebound Elderly Relief Opportunity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, with a revised formula containing a specific per beneficiary annual limitation according to the census division in which an agency is located. (Sec. 2) Declares that such interim system shall not apply for a cost reporting period beginning during FY 1999 through 2002 unless the Secretary of Health and Human Services determines that the amount of the aggregate expenditures for home health services in a fiscal year exceeds specified applicable amounts for FY 1999 and 2002. Eliminates the special per beneficiary payment rule for new agencies that was added by BBA '97 for determination of the reasonable cost of such services. Provides for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1998. Precludes administrative or judicial review of certain actions by the Secretary with respect to payment limits for cost reporting periods beginning on or after October 1, 1998. Amends BBA '97 with regard to the establishment of a prospective payment system (CPPS) for home health care services to repeal the current requirement that during certain applicable cost reporting periods applicable limits under Medicare's reasonable cost requirements be reduced by 15 percent. (Sec. 3) Directs the Secretary to report to the Congress on: (1) research paid for by the Secretary with regard to development of a PPS for Medicare home health services, with a summary of research results; and (2) the schedule for PPS implementation. Directs the Medicare Payment Advisory Commission to: (1) report to the Congress on the Secretary's research report along with recommendations with respect to matters in it; and (2) include in its annual report to the Congress an analysis of whether changes in law made by this Act with regard to payments impede access to home health services by Medicare beneficiaries. Directs the Comptroller General to audit expenditures by the Health Care Financing Administration for research costs and audit estimates of aggregate expenditures for Medicare home health services.

Homebound Elderly Relief Opportunity Act of 1998

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Special Care Dentistry Act of 2010''. (b) Findings.--Congress finds the following: (1) According to the United States Surgeon General's Report on Oral Health in America: (A) No less than a silent epidemic of oral diseases is affecting our most vulnerable citizens, including low income elderly, individuals with disabilities, and many members of racial and ethnic minority groups. (B) Oral diseases and conditions affect health and well-being throughout life. The burden of oral problems is extensive and may be particularly severe in vulnerable populations. (C) Oral diseases and conditions are associated with other health problems. Associations between chronic oral infections and other health problems, including diabetes, heart disease, and adverse pregnancy outcomes have been reported. (2) Providing appropriate and necessary oral health benefits under Medicaid to individuals classified as aged, blind, or disabled would prevent unnecessary emergency room visits, hospitalizations, and downstream health care costs, reducing Medicaid spending. (3) While 28 percent of the people enrolled in Medicaid are aged, blind, or disabled, the high cost of medical expenditures for these populations consumes 72 percent of the total Medicaid budget. This is not the case with dental benefits. (4) For the aged, blind, or disabled, oral health services are deemed ``optional'' by the Federal Government and most States provide little to no Medicaid coverage for these services. Many of these vulnerable citizen's mouths are infected with no hope of receiving access to even basic dental care. (5) In 2003, adult aged, blind, and disabled Medicaid recipients received basic oral health services in only 6 States (Connecticut, New Jersey, New York, North Dakota, Pennsylvania, and Wisconsin). (6) Appropriate and necessary oral health services for adult aged, blind, and disabled people will help reduce not only Medicaid costs for these populations, but also down-stream Medicare expenditures, which together total almost $600,000,000,000 annually. (7) Dental office overhead averages over 65 percent. Unfortunately, Medicaid reimbursement rates fall far short of covering these expenses. (8) Additional Federal investment for the delivery of oral health services is needed to ensure vulnerable adults receive oral health benefits. (9) Investments are needed for an oral health initiative to reduce the profound disparities in oral health by improving the health status of vulnerable populations to the level of health status that is enjoyed by the majority of Americans. SEC. 2. REQUIREMENT TO PROVIDE AGED, BLIND, OR DISABLED INDIVIDUALS WITH ORAL HEALTH SERVICES UNDER THE MEDICAID PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), as amended by the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by inserting after section 1943 the following new section: ``oral health services for aged, blind, or disabled individuals ``Sec. 1944. (a) Services Under a State Adult Dental Program for Aged, Blind, or Disabled Individuals.--A State shall provide oral health coverage for aged, blind, or disabled individuals described in subsection (b) through a separate State adult dental program. The State shall demonstrate that the services and fees provided and program requirements under this section are at least equivalent to the services, fees, and requirements that are provided to children under this title and include age-appropriate services for such individuals, and that the services are provided at intervals to determine the existence of a suspected illness or condition consistent with reasonable standards of dental practice (taking into account the increased needs and oral health complexities of the population) as determined by the Secretary after consultation with national professional dental organizations. ``(b) Aged, Blind, or Disabled Individuals Described.--For purposes of subsection (a), an aged, blind, or disabled individual described in this subsection is an individual-- ``(1) who is eligible for medical assistance under subclause (I) or (II) of section 1902(a)(10)(A)(i) (but only, in the case of subclause (I), with respect to an individual who is so eligible on the basis of receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI); and ``(2) who would be considered an aged, blind, or disabled individual under section 1614 (without regard to whether the individual satisfies the income and resource requirements for receiving supplemental security income benefits under title XVI) and is otherwise eligible for medical assistance under the State plan or under a waiver of such plan. ``(c) Transportation.--The State shall provide transportation for aged, blind, or disabled individuals described in subsection (b) to dental offices, hospitals, clinics, or other treatment centers for the provision of oral health services to the same extent that transportation is provided under the State plan for children eligible for medical assistance.''. (b) Definition of Oral Health Services.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (A) in subsection (a), by amending paragraph (10) to read as follows: ``(10) oral health services (as defined in subsection (dd)); and''; and (B) by adding at the end the following: ``(dd)(1) For purposes of this title, the term `oral health services' means-- ``(A) relief of pain and infections; ``(B) restoration or replacement of teeth; ``(C) periodontal treatment; ``(D) dental health preventive services, including adult fluoride application; ``(E) in-patient and out-patient dental surgical, evaluation, and examination services; ``(F) dentures or partial denture care; ``(G) per patient house call and long term care facility visits; ``(H) sedation and anesthesia; and ``(I) behavior management services. ``(2) For the purpose of this subsection: ``(A) The term `long term care facility' means-- ``(i) a nursing facility; ``(ii) an assisted living facility or a resident care program facility (as such terms are defined by the Secretary); ``(iii) a board and care facility (as defined in section 1903(q)(4)(B), including a mental retardation group home); ``(iv) an intermediate care facility for the mentally retarded; and ``(v) any other facility that is licensed or certified by the State and is determined appropriate by the Secretary, such as a community mental health center that meets the requirements of section 1913(c) of the Public Health Service Act, a psychiatric health facility, and a mental health rehabilitation center. ``(B) The term `house call' means the delivery of dental services in long term care facilities needed to overcome mobility impairments and transportation barriers. ``(C) The term `behavior management' means services needed to accommodate physical or behavioral impairment.''. (c) Conforming Amendments.-- (1) Terminology.--Section 1902(a)(43)(D)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by striking ``dental'' and inserting ``oral health'' each place it appears. (2) State plan.--Section 1902(a) of such Act (42 U.S.C. 1396a(a)), as amended by the Patient Protection and Affordable Care Act, is amended-- (A) in paragraph (81), by striking ``and'' at the end; (B) in paragraph (82), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (82) the following: ``(83) provide for-- ``(A) making oral health services available to aged, blind, or disabled individuals described in subsection (b) of section 1944 in accordance with the requirements of that section; ``(B) informing all persons in the State who are aged, blind, or disabled and have been determined to be eligible for medical assistance including oral health services (as defined in section 1905(dd)), of the availability of such services; ``(C) providing or arranging for the provision of such services in all cases where they are requested; ``(D) arranging for (directly or through referral to appropriate agencies, organizations, or individuals) corrective treatment the need for which is disclosed by such services; and ``(E) reporting to the Secretary (in a uniform form and manner established by the Secretary, by aged, blind, or disabled group and by basis of eligibility for medical assistance, and by not later than April 1 after the end of each fiscal year, beginning with fiscal year 2011) the information relating to oral health services provided under the plan during each fiscal year consisting of-- ``(i) the number of aged, blind, or disabled individuals who reside in the State; ``(ii) the number of aged, blind, or disabled individuals provided oral health services; ``(iii) the number of such individuals referred for corrective treatment (the need for which is disclosed by such services); ``(iv) the amount of, and type of, preventive oral health services needed and provided; ``(v) the amount of, and type of, surgical restorative oral health services needed and provided; and ``(vi) the amount of, and type of, other oral health services needed and provided, disaggregated into whether the services were-- ``(I) emergency; ``(II) preventive; ``(III) surgical; ``(IV) restorative; ``(V) periodontal; ``(VI) endodontic; or ``(VII) prosthodontic.''. (3) Nursing facilities.--Section 1919(b)(4)(A)(vi) of such Act (42 U.S.C. 1396r(b)(4)(A)(vi)) is amended by inserting, ``oral health services (as defined in section 1905(dd)) for an aged, blind, or disabled individual described in section 1944(b) who is a resident of the nursing facility,'' after ``plan)''. (d) Federal Funding for Cost of Covering Aged, Blind, or Disabled.--Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by subsection (b)(1), is amended-- (1) in subsection (b), in the first sentence, by inserting ``subsection (dd) and'' before ``section 1933(d)'' ; and (2) by adding at the end the following new subsection: ``(ee) Increased FMAP for Medical Assistance for Aged, Blind, and Disabled Individuals.--The Federal medical assistance percentage determined for a State that is one of the 50 States or the District of Columbia for each fiscal year with respect to amounts expended for medical assistance for aged, blind and disabled individuals described in section 1944(b) shall be equal to 100 percent.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 2010, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) Delay permitted for state plan amendment.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Special Care Dentistry Act of 2010 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, to require a state to provide oral health coverage for aged, blind, or disabled individuals through a separate state adult dental program.

To amend title XIX of the Social Security Act to require States to provide oral health services to aged, blind, or disabled individuals under the Medicaid Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2009''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official functions of Government to be conducted in English ``(a) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(b) Scope.--For the purposes of this section, the term `United States' means the several States and the District of Columbia, and the term `official' refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public. ``(c) Practical Effect.--This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to-- ``(1) teaching of languages; ``(2) requirements under the Individuals with Disabilities Education Act; ``(3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(4) actions or documents that protect the public health and safety; ``(5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(6) actions that protect the rights of victims of crimes or criminal defendants; or ``(7) using terms of art or phrases from languages other than English. ``Sec. 164. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 165. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to disparage any language or to discourage any person from learning or using a language; or ``(4) to be inconsistent with the Constitution of the United States. ``Sec. 166. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item: ``Chapter 6. Official Language''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: ``Sec. 9. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States; and ``(b) Any ambiguity in the English language text of the Laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, is amended by inserting after the item relating to section 8 the following new item: ``9. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. The Secretary of Homeland Security shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, based upon the principles that-- (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of the enactment of this Act.

English Language Unity Act of 2009 - Makes English the official language of the United States. Requires, subject to exceptions and rules of construction, that: (1) official functions of the United States be conducted in English; and (2) all naturalization ceremonies be conducted in English. Establishes a uniform English language rule for naturalization. Makes English language requirements and workplace policies, whether in the public or private sector, presumptively consistent with the laws of the United States. Directs the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.

To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Torture Victims Relief Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The American people abhor torture by repressive governments and other parties. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the strategic use of pain to destroy both individuals and society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments use torture as a weapon against democracy. (4) Torture victims remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture victims are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers deserve, and often require, protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of governmental torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. (9) The United States has ratified the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, but has not implemented all provisions of the convention. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meaning given such terms in section 101(a) of the Immigration and Nationality Act. (2) Torture.--The term ``torture'' has the meaning given such term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION TO TORTURE. (a) Prohibition.--The United States shall not expel, extradite, or return involuntarily an individual to a country if there is substantial evidence of circumstances that would lead a reasonable person to believe that the individual would fear subjection to torture. (b) Definition.--For purposes of this section, the term ``to return involuntarily'', in the case of an individual in any locale, means the following: (1) To return the individual without the individual's consent, whether or not the return is induced by physical force. (2) To take an action by which it is reasonably foreseeable that the individual will be returned, whether or not the return is induced by physical force. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) In General.--Any alien-- (1) who presents a credible claim of having been subjected to torture in the alien's country of nationality, or, in the case of an alien having no nationality, the country in which the alien last habitually resided, and (2) who applies for-- (A) refugee status under section 207 of the Immigration and Nationality Act, (B) asylum under section 208 of that Act, or (C) withholding of deportation under section 243(h) of that Act, shall be processed in accordance with this section. (b) Consideration of the Effects of Torture.--In considering applications for refugee status, asylum, or withholding of deportation made by aliens described in subsection (a), the appropriate officials shall take into account-- (1) the manner in which the effects of torture can affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act, a refugee who presents a credible claim of having been subjected to torture shall be considered to be a refugee of special humanitarian concern to the United States and shall be accorded priority in selection from the waiting list of such refugees based on compelling humanitarian concerns. (d) Expedited Processing for Asylum and Withholding of Deportation.--Upon the request of the alien, the alien's counsel, or a health care professional treating the alien, an asylum officer or special inquiry officer may expedite the scheduling of an asylum interview or an exclusion or deportation proceeding for an alien described in subsection (a), if such officer determines that an undue delay in making a determination regarding asylum or withholding of deportation with respect to the alien would aggravate the physical or psychological effects of torture upon the alien. (e) Parole in Lieu of Detention.--The finding, upon inspection at a port of entry of the United States, that an alien described in subsection (a) suffers from the effects of torture, such as depressive and anxiety disorders, shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act, in lieu of detention. (f) Sense of Congress.--It is the sense of Congress that the Attorney General shall allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, special inquiry officers, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of the evidence of torture; (2) the identification of the surrounding circumstances in which torture is practiced; (3) the long-term effects of torture upon the person; (4) the identification of the physical, cognitive, and emotional effects of torture, including depressive and anxiety disorders, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a)(4) or subsection (a)(5), gender specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES. (a) Study.--The National Institutes of Health shall conduct a study with respect to refugees and asylees admitted to the United States since October 1, 1987, who were tortured abroad, for the purpose of identifying-- (1) the estimated number and geographic distribution of such persons; (2) the needs of such persons for recovery services; and (3) the availability of such services. (b) Report.--Not later than December 31, 1997, the National Institutes of Health shall submit a report to the Judiciary Committees of the House of Representatives and the Senate setting forth the findings of the study conducted under subsection (a), together with any recommendation for increasing the services available to persons described in subsection (a), including any recommendation for legislation, if necessary. SEC. 8. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(g) Assistance for Treatment of Torture Victims.--(1) The Secretary may provide grants to programs in the United States to cover the cost of the following services: ``(A) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(B) Social services for victims of torture. ``(C) Research and training for health care providers outside of treatment centers or programs for the purpose of enabling such providers to provide the services described in subparagraph (A). ``(2) For purposes of this subsection, the term `torture' has the meaning given to such term in section 3 of the Comprehensive Torture Victims Relief Act.''. (b) Funding.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal year 1996, there is authorized to be appropriated such sums as may be necessary to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs for the treatment of victims of torture), as added by subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1995. SEC. 9. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 is amended by adding at the end of chapter 1 the following new section: ``Sec. 129. Assistance for Victims of Torture.--(a) The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries which are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effect of the torture. ``(c) Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs for the purpose of enabling such providers to provide the services described in paragraph (1). ``(d) For purposes of this section, the term `torture' has the meaning given such term in section 3 of the Comprehensive Torture Victims Relief Act.''. (b) Funding.--Of the total amount authorized to be appropriated in fiscal years 1996 and 1997 pursuant to chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and pursuant to section 31 of the Arms Export Control Act, there is authorized to be appropriated such sums as may be necessary to carry out section 129 of the Foreign Assistance Act, as added by subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1995. SEC. 10. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated in fiscal years 1996 and 1997 pursuant to chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and pursuant to section 31 of the Arms Export Control Act, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) For fiscal year 1996, $4,000,000. (2) For fiscal year 1997, $5,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of the Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.

Comprehensive Torture Victims Relief Act - Prohibits the U.S. Government from expelling, extraditing, or involuntarily returning an individual to a country if there is substantial evidence that the individual would fear subjection to torture. Allows any alien presenting a credible claim of having been tortured in the alien's country of nationality (or, in the case of an alien having no nationality, that country in which the alien last habitually resided) and who applies for refugee status, asylum, or withholding of deportation under the Immigration and Nationality Act (INA) to be processed in accordance with this Act. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of deportation; and (3) parole in lieu of detention. Directs the Attorney General, other officials of the Department of Justice, and the Secretary of State to provide training for immigration officials and consular officers regarding the identification of evidence of torture, the circumstances surrounding torture, the long-term effects and the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. Directs the National Institutes of Health to study and report to specified congressional committees with respect to the estimated number and geographic distribution, needs, and availability of services of refugees and asylum-seekers admitted to the United States since October 1, 1987, who were tortured abroad. Amends the INA to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds to assist domestic centers and programs for the treatment of torture victims. Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1996 through 1997.

Comprehensive Torture Victims Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Claims Licensing Advancement for Interstate Matters Act'' or the ``CLAIM Act''. SEC. 2. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LICENSING REFORMS. (a) In General.--Section 4 shall take effect upon the expiration of the 4-year period beginning on the date of the enactment of this Act unless, before the expiration of such period, those States that license independent claims adjusters have enacted-- (1) uniform laws and regulations governing the licensure of individuals and entities authorized to adjust insurance claims within the State; and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities authorized to adjust insurance claims within those States. (b) Uniformity Required.--States shall be deemed to have established the uniformity necessary to comply with subsection (a)(1) if the States-- (1) establish uniform criteria regarding the integrity, personal qualifications, education, training, and experience of licensed independent claims adjusters for-- (A) property and casualty insurance; (B) workers compensation insurance; and (C) such other lines as a State may choose to regulate. (2) establish uniform continuing education requirements for licensed independent claims adjusters for each line of insurance under paragraph (1) that a State chooses to regulate; (3) establish uniform ethics course requirements for licensed independent claims adjusters in conjunction with the continuing education requirements under paragraph (2); (4) do not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster's activities because of its residence or place of operations; and (5) utilize a uniform license application. (c) Reciprocity Required.--States shall be deemed to have established the reciprocity required to comply with subsection (a)(2) if the following conditions are met: (1) Administrative licensing procedures.--Each State that licenses independent claims adjusters permits an independent claims adjuster that has a license for adjusting insurance claims in their home State to receive a license to adjust insurance claims in those other States as a nonresident to the same extent that such independent claims adjuster is permitted to adjust insurance claims in their home State without satisfying any additional requirements other than submitting-- (A) a request for licensure utilizing the uniform license application; (B) a copy of, or evidence of, a valid license held by the adjuster in their home State (unless such information is available in the National Insurance Producer Registry Producer Database); and (C) the payment of any requisite fee to the appropriate authority. (2) Continuing education requirements.--Each State that licenses an independent claims adjuster accepts an insurance claims adjuster's satisfaction of their home State's continuing education requirements for licensed insurance claims adjusters to satisfy the State's own continuing education requirements. (3) No limiting nonresident requirements.--A State does not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster's activities because of its residence or place of operations. (4) Reciprocal reciprocity.--Each of the States that satisfies paragraphs (1), (2), and (3) grants reciprocity to residents of all of the other States that satisfy such paragraphs. (d) Determination.-- (1) Determination.--A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the Department of the Treasury, Office of General Counsel determines that, before the expiration of the 4-year period beginning on the date of the enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review.--With respect to any State that the Department of the Treasury, Office of General Counsel has determined to be in compliance with the requirements of subsection (a), the Department of the Treasury, Office of General Counsel shall continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the Department of the Treasury, Office of General Counsel determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 4 shall apply with respect to such State. (3) Judicial review.--The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. SEC. 3. STATE AUTHORITIES. Nothing in this Act shall be construed to-- (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 2, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such State fee is uniform regardless of the State of residence of the licensee in that State; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 2, after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster may apply to the National Association of Agents and Brokers for Membership for the purpose of licensure in each such State not in compliance with section 2, provided that such independent claims adjuster pays the requisite fees, including licensing fees. For purposes of this provision, upon such date an independent claims adjuster shall be determined to be a person that negotiates policies of insurance and offers advice, counsel, opinions or services related to insurance, as such terms are used in section 334(5) of Public Law 106-102, as amended by section 202(a) of Public Law 114-1 (15 U.S.C. 6764(5); 129 Stat. 27). SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home state.-- (A) Actual.--The term ``home State'' means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed upon having passed an exam as an independent claims adjuster. (B) Designated.--If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license or require an examination as a condition for such licensure for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed upon having passed an exam and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster.--The term ``independent claims adjuster'' means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, liability, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self-insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, liability, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Public adjuster.--The term ``public adjuster'' means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (4) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (5) State law.--The term ``State law'' includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

Claims Licensing Advancement for Interstate Matters Act or the CLAIM Act This bill authorizes an independent insurance claims adjuster to apply to the National Association of Registered Agents and Brokers for Membership for the purpose of licensure in any state that requires a license for such adjusters that is not among such states that have enacted, within four years of this Act's enactment: (1) uniform laws and regulations governing the licensure of individuals and entities authorized to adjust claims within the state, and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities authorized to adjust such claims within those states. The Department of the Treasury must annually determine a state's continued compliance with such requirements.

CLAIM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Identity Theft Prevention Act of 2008''. SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following new clause: ``(x) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost- effective procedures to ensure that a social security account number (or any derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is easily identifiable as not being the social security account number (or a derivative thereof).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 24 months after the date adequate funding is provided pursuant to subsection (d)(2). (2) Reissuance.--Subject to subsection (d)(2), in the case of individuals who have been issued such cards before such date, the Secretary of Health and Human Services-- (A) shall provide for the reissuance for such individuals of such a card that complies with such amendment not later than 3 years after the effective date specified under paragraph (1); and (B) may permit such individuals to apply for the reissuance of such a card that complies with such amendment before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify. (c) Outreach Program.--Subject to subsection (d)(2), the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall conduct an outreach program to Medicare beneficiaries and providers about the new Medicare card provided under this section. (d) Report to Congress and Limitations on Effective Date.-- (1) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and in consultation with the Commissioner of Social Security, shall submit to Congress a report that includes detailed options regarding the implementation of this section, including line-item estimates of and justifications for the costs associated with such options and estimates of timeframes for each stage of implementation. In recommending such options, the Secretary shall take into consideration, among other factors, cost- effectiveness and beneficiary outreach and education. (2) Limitation; modification of deadlines.--With respect to the amendment made by subsection (a), and the requirements of subsections (b) and (c)-- (A) such amendment and requirements shall not apply until adequate funding is appropriated pursuant to paragraph (3) to implement the provisions of this section, as determined by Congress; and (B) any deadlines otherwise established under this section for such amendment and requirements are contingent upon the receipt of adequate funding (as determined in subparagraph (A)) for such implementation. (3) Authorization of appropriations.-- (A) In general.--In addition to any amounts made available to the Secretary of Health and Human Services for the Program Management Account of the Centers for Medicare & Medicaid Services for administrative expenses and to the Commissioner of Social Security for administrative expenses, and subject to subparagraph (B), taking into consideration the report submitted under paragraph (1), there is authorized to be appropriated such sums as are necessary to carry out the provisions of this section, including section 205(c)(2)(C) of the Social Security Act, as added by subsection (a), for each of the five fiscal years beginning after the date of submittal of the report under paragraph (1). (B) Limitation.--Such funds are not authorized to be appropriated until after receipt of the report provided under paragraph (1). Passed the House of Representatives September 29, 2008. Attest: LORRAINE C. MILLER, Clerk.

Medicare Identity Theft Prevention Act of 2008 - Directs the Secretary of Health and Human Services to establish cost-effective procedures to ensure that Social Security account numbers are not included on Medicare cards. Requires the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to report to Congress after one year on the implementation of this Act, including line-item estimates of and justifications for associated costs, taking into consideration, among other factors, cost-effectiveness and beneficiary outreach and education.

To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Personnel Toxic Exposure Registry Act''. SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL SITE. (a) Establishment.--The Secretary of Defense shall establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site and any negative health effects that may be related to such exposure. The Secretary shall administer such system using existing medical surveillance systems. (b) Notification.--If the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, the Secretary shall-- (1) give notice of the potential exposure to-- (A) the member; (B) the commanding officer of the unit to which the member belonged at the time of potential exposure; and (C) in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2) inform the member that the member may be included in the system required by subsection (a). (c) Registration.--For each member of the Armed Forces notified of a potential exposure under subsection (b), the Secretary shall collect information for purposes of the system required by subsection (a). Such information shall include-- (1) the locations where the member was deployed, including the dates of such deployment; (2) the approximate distance of the living and working quarters of the member from a hazardous disposal site; (3) the types of materials disposed of at the site; (4) the length of time the member was exposed to such site; (5) any symptoms experienced by the member while deployed; (6) any symptoms the member experiences at the time of submitting such information to the Secretary; and (7) other information the Secretary considers appropriate. (d) Examination.--Not later than 30 days after the date on which the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, and annually thereafter, the Secretary shall-- (1) provide such member-- (A) a complete physical examination; and (B) consultation and counseling with respect to the results of such physical examination; and (2) ensure that documentation of the potential exposure is placed in the medical record of the member maintained by the Department of Defense. (e) Annual Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing-- (1) the status of implementing the system required by subsection (a); and (2) the incidences of illnesses among members of the Armed Forces notified under subsection (b) and whether such illnesses may have been caused by exposure to a hazardous disposal site. (f) Definitions.--In this section: (1) The term ``existing medical surveillance systems'' means medical surveillance systems and other data in the possession of the Secretary as of the date of the enactment of this Act. (2) The term ``exposure to a hazardous disposal site'' includes the following: (A) Exposure to the fumes emanating from a hazardous disposal site for-- (i) more than six months, in the case of a member of the Armed Forces who was deployed to a military installation that made use of open pits to burn waste; or (ii) any period of time when exposure to such fumes was intensive. (B) A situation where a member of the Armed Forces with service-related health problems demonstrates significant exposure to fumes emanating from a hazardous disposal site. (3) The term ``hazardous disposal site'' means a location where hazardous methods of disposing of mass amounts of waste were used during Operation Enduring Freedom or Operations Iraqi Freedom, including the use of open pits to burn waste. (4) The term ``member of the Armed Forces'' includes former members of the Armed Forces. SEC. 3. PROHIBITION ON DISPOSAL OF COVERED WASTE IN OPEN AIR BURN PITS. (a) Inclusion of Solid Waste Containing Plastics in Definition of Covered Waste.--Subsection (c)(2) of section 317 of the National Defense Authorization Act for Fiscal Year 2010 is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) solid waste containing plastics;''. (b) Inclusion of Information on Past Use of Open Air Burn Pits in Report to Congress.--Subsection (b) of such section is amended-- (1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) an explanation of the situations and circumstances under which open-air burn pits were used to dispose of waste during military exercises and operations worldwide during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act;''.

Military Personnel Toxic Exposure Registry Act - Directs the Secretary of Defense (DOD) to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure. Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) report annually to the congressional defense committees on the status of system implementation and incidences of illnesses which may have been caused by such exposure. Amends the National Defense Authorization Act for Fiscal Year 2010 to: (1) include solid waste containing plastics within the definition of "covered waste" for purposes of a prohibition against the disposal by the Armed Forces of covered waste in open-air burn pits during contingency operations; and (2) include in a required report concerning the use of such pits those situations in which such pits were used to dispose of waste during military exercises and operations worldwide during the period beginning on September 11, 2001, and ending on the date of enactment of this Act.

To require the Secretary of Defense to establish a medical surveillance system to identify members of the Armed Forces exposed to chemical hazards resulting from the disposal of waste in Iraq and Afghanistan, to prohibit the disposal of waste by the Armed Forces in a manner that would produce dangerous levels of toxins, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Our Schools Act''. SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SECURITY. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part: ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. ``(b) Uses of Funds.--Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: ``(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ``(2) Security assessments. ``(3) Security training of personnel and students. ``(4) Coordination with local law enforcement. ``(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security. ``(c) Preferential Consideration.--In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. ``(d) Matching Funds.-- ``(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. ``(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. ``(e) Equitable Distribution.--In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(f) Administrative Costs.--The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this Act for administrative costs. ``SEC. 2702. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. Each application shall-- ``(1) include a detailed explanation of-- ``(A) the intended uses of funds provided under the grant; and ``(B) how the activities funded under the grant will meet the purpose of this part; and ``(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are-- ``(A) consistent with a comprehensive approach to preventing school violence; and ``(B) individualized to the needs of each school at which those improvements are to be made. ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``SEC. 2703. ANNUAL REPORT TO CONGRESS. ``Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. ``SEC. 2704. DEFINITIONS. ``For purposes of this part-- ``(1) the term `school' means a public elementary or secondary school; ``(2) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and ``(3) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part the following amounts: ``(1) $60,000,000 for fiscal year 2001. ``(2) $60,000,000 for fiscal year 2002. ``(3) $60,000,000 for fiscal year 2003.''.

Sets forth provisions regarding: (1) permissible uses of funds (including for locks, lighting, and security assessments and training), preferential consideration, matching funds (limits costs to 50 percent but authorizes the Attorney General to provide guidelines for waiving or altering such requirement in cases of financial need), equitable geographical distribution of funds, and limits on administrative costs; and (2) application and reporting requirements. Requires that each grant application be accompanied by an assurance that it was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded are consistent with a comprehensive approach to preventing school violence and are individualized to the needs of each school. Authorizes appropriations.

Secure Our Schools Act

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Paycheck Fairness Act ''. (b) Reference.--Whenever in this Act (other than in section 8) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women have entered the workforce in record numbers. (2) Even in the 1990's, women earn significantly lower pay than men for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. (3) The existence of such pay disparities-- (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) prevents the optimum utilization of available labor resources; (C) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (D) burdens commerce and the free flow of goods in commerce; (E) constitutes an unfair method of competition in commerce; (F) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; (G) interferes with the orderly and fair marketing of goods in commerce; and (H) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th amendments. (4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist more than 3 decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). (B) Elimination of such barriers would have positive effects, including-- (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; and (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) in the private sector, ensuring equal protection pursuant to Congress' power to enforce the 5th and 14th amendments. (5) With increased information about the provisions added by the Equal Pay Act of 1963 and generalized wage data, along with more effective remedies, women will be better able to recognize and enforce their rights to equal pay for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. (6) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Required Demonstration for Affirmative Defense.--Section 6(d)(1) (29 U.S.C. 206(d)(1)) is amended by striking ``(iv) a differential'' and all that follows through the period and inserting the following: ``(iv) a differential based on a bona fide factor other than sex, such as education, training, or experience, except that this clause shall apply only if-- ``(I) the employer demonstrates that-- ``(aa) such factor-- ``(AA) is job-related with respect to the position in question; or ``(BB) furthers a legitimate business purpose, except that this item shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and ``(bb) such factor was actually applied and used reasonably in light of the asserted justification; and ``(II) if the employer makes the demonstration described in subclause (I), the employee fails to demonstrate that the differential produced by the reliance of the employer on the factor described in such subclause is the result of discrimination on the basis of sex by the employer. An employer that is not otherwise in compliance with this paragraph may not reduce the wages of any employee in order to achieve such compliance.''. (b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is amended by adding at the end the following: ``(5) The provisions of this subsection shall apply to applicants for employment if such applicants, upon employment by the employer applied to, would be subject to any other subsection of this section.''. (c) Elimination of Establishment Requirement.--Section 6(d)(1) (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``, within any establishment in which such employees are employed,''; and (2) by striking ``such establishment'' each place it appears. (d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C. 215(a)(3)) is amended-- (1) by striking ``employee'' the first place it appears and inserting ``employee (or applicant for employment in the case of an applicant described in section 6(d)(5))''; (2) by inserting ``(or applicant)'' after ``employee'' the second place it appears; (3) by striking ``or has'' each place it appears and inserting ``has''; and (4) by inserting before the semicolon the following: ``, has inquired about, discussed, or otherwise disclosed the wages of the employee or another employee, or because the employee (or applicant) has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing, or action under section 6(d)''. (e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d) shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages,'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the last sentence-- (A) by striking ``commenced in the case'' and inserting ``commenced-- ``(1) in the case''; (B) by striking the period and inserting ``: or''; and (C) by adding at the end the following: ``(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.''. SEC. 4. TRAINING. The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 9(b), shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and (6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities. SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM. (a) Guidelines.-- (1) In general.--The Secretary of Labor shall develop guidelines to enable employers to evaluate job categories based on objective criteria such as educational requirements, skill requirements, independence, working conditions, and responsibility, including decisionmaking responsibility and de facto supervisory responsibility. (2) Use.--The guidelines developed under paragraph (1) shall be designed to enable employers voluntarily to compare wages paid for different jobs to determine if the pay scales involved adequately and fairly reflect the educational requirements, skill requirements, independence, working conditions, and responsibility for each such job with the goal of eliminating unfair pay disparities between occupations traditionally dominated by men or women. (3) Publication.--The guidelines shall be developed under paragraph (1) and published in the Federal Register not later than 180 days after the date of enactment of this Act. (b) Employer Recognition.-- (1) Purpose.--It is the purpose of this subsection to emphasize the importance of, encourage the improvement of, and recognize the excellence of employer efforts to pay wages to women that reflect the real value of the contributions of such women to the workplace. (2) In general.--To carry out the purpose of this subsection, the Secretary of Labor shall establish a program under which the Secretary shall provide for the recognition of employers who, pursuant to a voluntary job evaluation conducted by the employer, adjust their wage scales (such adjustments shall not include the lowering of wages paid to men) using the guidelines developed under subsection (a) to ensure that women are paid fairly in comparison to men. (3) Technical assistance.--The Secretary of Labor may provide technical assistance to assist an employer in carrying out an evaluation under paragraph (2). (c) Regulations.--The Secretary of Labor shall promulgate such rules and regulations as may be necessary to carry out this section. SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal bearing the inscription ``Robert Reich National Award for Pay Equity in the Workplace''. The medal shall be of such design and materials, and bear such additional inscriptions, as the Secretary of Labor may prescribe. (b) Criteria for Qualification.--To qualify to receive an award under this section a business shall-- (1) submit a written application to the Secretary of Labor, at such time, in such manner, and containing such information as the Secretary may require, including at a minimum information that demonstrates that the business has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence; and (2) meet such additional requirements and specifications as the Secretary of Labor determines to be appropriate. (c) Making and Presentation of Award.-- (1) Award.--After receiving recommendations from the Secretary of Labor, the President or the designated representative of the President shall annually present the award described in subsection (a) to businesses that meet the qualifications described in subsection (b). (2) Presentation.--The President or the designated representative of the President shall present the award under this section with such ceremonies as the President or the designated representative of the President may determine to be appropriate. (d) Business.--In this section, the term ``business'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall-- ``(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and ``(B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees. ``(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. Other factors that the Commission shall consider include the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collections reports.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages. (Such FLSA prohibitions are also known as the Equal Pay Act). (Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. (Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. (Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. (Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations. (Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. (Sec. 8) Amends the Civil Rights Act to direct the EEOC to: (1) complete a survey of data currently available to the Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination, and identify additional data collections to enhance enforcement of such laws; and (2) based on survey results and consultations with other relevant Federal agencies, issue regulations for the collection of pay information data from employers as described by the sex, race, and national origin of employees. (Sec. 9) Authorizes appropriations.

Paycheck Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Safety for Kids Act of 2006''. SEC. 2. ESTABLISHMENT OF TOP-LEVEL INTERNET DOMAIN NAME. (a) NTIA Action.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall-- (1) pursuant to the authority under section II.B. of the Memorandum of Understanding Between the United States Department of Commerce and ICANN, entered into on November 25, 1998, regarding oversight of the policy for determining the circumstances under which new top-level Internet domains are added to the root system, jointly with ICANN, develop a plan in accordance with section 102 for ICANN to establish a new domain meeting the requirements in subsection (b); (2) upon completion of the plan developed under paragraph (1), make such plan publicly available; (3) enter into any memorandums of understanding, agreements, and contracts with ICANN, as may be necessary to carry out the plan developed under paragraph (1); and (4) make any amendments to any existing memorandums of understandings, agreements, and contracts with ICANN, as may be necessary to carry out the plan developed under paragraph (1). (b) Requirements for New Domain.--The new domain established under subsection (a) shall be subject to the following requirements: (1) Top-level, international domain.-- (A) In general.--The new domain shall be established as a top-level, International domain having a domain name appropriate for its purpose. (B) Domain name ending.--The new domain shall have domain name that ends in a manner that allows a user of the Internet to understand that by accessing such domain, a user is likely to view material that is harmful to minors, such as domain name ending in .xxx. (2) Operator of domain.--The entity selected pursuant to section 3 to establish, operate, and maintain the new domain shall-- (A) establish, operate, and maintain the new domain in accordance with this subsection; and (B) provide for the creation of an independent board, with diverse membership, which shall be responsible for-- (i) establishing written criteria for-- (I) accepting registrants for the new domain; and (II) any limitations applicable to the new domain; and (ii) ensuring that subscription rates or fees for obtaining a name for the new domain are as minimal as possible. (3) Other requirements.--The plan developed under subsection (a) may include such other requirements with respect to the new domain as the National Telecommunications and Information Administration and ICANN jointly consider appropriate. SEC. 3. SELECTION OF OPERATOR OF NEW DOMAIN. (a) Application Process.--The plan developed under section 2(a) shall establish a process for soliciting applications for the establishment of the new domain described in section 2, which process shall-- (1) commence and complete not later than 60 days after the expiration of the 30-day period referred to in section 2(a); (2) provide adequate notice to prospective applicants of-- (A) the opportunity to submit an application; and (B) the criteria for selection under subsection (b)(1); (3) include a fee for filing an application that does not exceed the minimum amount reasonably estimated by ICANN to be necessary to recover its expenses under section 2 and this section; and (4) provide for reimbursement to applicants of any amounts collected in filing fees that exceed the actual amount of expenses of ICANN under section 2 and this section. (b) Selection Process.-- (1) In general.--The plan developed under section 2(a) shall establish a process for selection, from applications submitted pursuant to subsection (a), of an application for the establishment of the new domain meeting the requirements under section 2(b). (2) Requirements.--The selection process described in paragraph (1) shall comply with the following requirements: (A) Criteria.--The selection shall be made pursuant to written, objective criteria designed to ensure that-- (i) the new domain is established, operated, and maintained in accordance with the requirements under section 2(b); and (ii) the entity selected to establish, operate, and maintain the new domain is the applicant most capable and qualified to do so. (B) Initial review.--Not later than 60 days after the completion of the application period under subsection (a)(1), ICANN shall-- (i) review and apply the selection criteria established under subparagraph (A) to each application submitted; and (ii) based upon such criteria, select an application and award to the applicant a contract for the establishment, operation, and maintenance of the new domain, unless ICANN determines that no applicant could minimally provide for the establishment, operation, and maintenance of the new domain in accordance with the requirements under section 2(b). (C) Second application period.--If no applicant is selected pursuant to subparagraph (B), not later than 30 days after the expiration of the 60-day period under subparagraph (B), ICANN shall commence another application and selection process that complies with the requirements under subsection (a) and this subsection. (D) Report.--If the second application and selection process under subparagraph (C) does not result in the award of a contract for the establishment, operation, and maintenance of the new domain, not later than 30 days after the conclusion of the 60-day period under subparagraph (C), ICANN shall-- (i) notify the Secretary of Commerce in writing of the failure to award a contract under subparagraph (C); and (ii) submit to the Secretary of Commerce a report describing the application and selection process and setting forth the reasons for the failure to award the contract. (c) Full Operation.--The plan developed under section 2(a) shall provide for ICANN to take all actions necessary to facilitate the full operation of the new domain not later than 6 months after the award of the contract for the establishment, operation, and maintenance of the new domain. (d) Annual Oversight.--The plan developed under section 2(a) shall provide that ICANN shall, on an annual basis, review the actions of the entity selected to establish, operate, and maintain the new domain to ensure that such entity is complying with the requirements under section 2(b). SEC. 4. USE OF NEW DOMAIN. Commencing not later than 6 months after the establishment of the new domain under section 2, any operator of a commercial Internet website or online service that has as its principal or primary business the making available of material that is harmful to minors shall register such website or online service with the new domain and operate such website or online service under the new domain. SEC. 5. LIABILITY PROTECTIONS. (a) Treatment of Publisher or Speaker.--No person or entity that operates or maintains the new domain shall be treated as the publisher or speaker of any information or material provided by another registrant under the domain. (b) Civil Liability.--No person or entity that operates or maintains the new domain shall be held liable because of-- (1) any action voluntarily taken in good faith to restrict to minors access through the new domain to, or availability through the new domain of, material that is harmful to minors; or (2) any action taken to enable or make available to registrants to the new domain or others the technical means to restrict access by minors to material described in paragraph (1). SEC. 6. ENFORCEMENT. (a) Violation.--Any person who violates section 4, or any requirement, registration criteria, or limitation applicable to a registrant to the new domain under section 2(b), shall be subject to such civil penalties as the Secretary of Commerce shall prescribe. (b) Enforcement.--The Secretary of Commerce shall have the power to enforce the provisions of this title, including-- (1) any requirements or limitations applicable to a registrant to the new domain under section 2(b); and (2) the imposition and collection of civil penalties under subsection (a). (c) Periodic Audits.--The Secretary of Commerce shall conduct periodic audits to ensure compliance with requirements, registration criteria, and limitations applicable to the new domain under this title. SEC. 7. OUTREACH. (a) In General.--The Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall carry out a program to publicize the availability of the new domain under this title. (b) Commencement.--The program under subsection (a) shall commence not later than 30 days after the date that the new domain first becomes operational and accessible by the public. SEC. 8. DEFINITIONS. In this Act, the following definitions shall apply: (1) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (2) Material that is harmful to minors.--The term ``material that is harmful to minors'' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene, or that a reasonable person would find-- (A) taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors-- (i) an actual or simulated sexual act or sexual contact; (ii) an actual or simulated normal or perverted sexual act; or (iii) a lewd exhibition of the genitals or post-pubescent female breast; and (C) taking the material as a whole, lacks serious literary, artistic, political, or scientific value for minors. (3) Minor.--The term ``minor'' means any person under 18 years of age. (4) New domain.--The term ``new domain'' means the Internet domain established under this title.

Cyber Safety for Kids Act of 2006 - Directs the Secretary of Commerce, acting through the National Telecommunications and Information Administration, to: (1) develop, pursuant to the Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers (concerning the policy for determining the addition of top-level Internet domains), a plan for the Internet Corporation for Assigned Names and Numbers (ICANN) to establish a top-level international domain meeting specified requirements; (2) make the plan available to the public; and (3) enter into any necessary agreements with ICANN to carry out the plan. Provides a process for the selection of an operator of the new domain. Requires the operator of any web site or online service whose primary business is making available material that is harmful to minors to register and operate such web site or online service under the new domain.Provides: (1) liability protections for the new domain operator; (2) registration enforcement procedures; and (3) outreach requirements.

A bill to facilitate the protection of minors using the Internet from material that is harmful to minors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ojito Wilderness Act''. SEC. 2. DEFINITIONS. In this Act: (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of New Mexico. (4) Map.--The term ``map'' means the map entitled ``Ojito Wilderness Act'' and dated September 8, 2004. (5) Wilderness.--The term ``Wilderness'' means the Ojito Wilderness designated under section 3(a). SEC. 3. DESIGNATION OF THE OJITO WILDERNESS. (a) In General.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, and, therefore, as a component of the National Wilderness Preservation System, certain land in the Albuquerque District-Bureau of Land Management, New Mexico, which comprise approximately 11,183 acres, as generally depicted on the map, and which shall be known as the ``Ojito Wilderness''. (b) Map and Legal Description.--The map and a legal description of the Wilderness shall-- (1) be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives as soon as practicable after the date of the enactment of this Act; (2) have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and map; and (3) be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Management of Wilderness.--Subject to valid existing rights, the Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (d) Management of Newly Acquired Land.--If acquired by the United States, the following land shall become part of the Wilderness and shall be managed in accordance with this Act and other laws applicable to the Wilderness: (1) Section 12 of township 15 north, range 01 west, New Mexico Principal Meridian. (2) Any land within the boundaries of the Wilderness. (e) Management of Lands To Be Added.--The lands generally depicted on the map as ``Lands to be Added'' shall become part of the Wilderness if the United States acquires, or alternative adequate access is available to section 12 of township 15 north, range 01 west. (f) Release.--The Congress hereby finds and directs that the lands generally depicted on the map as ``Lands to be Released'' have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) and no longer are subject to the requirement of section 603(c) of such Act (16 U.S.C. 1782(c)) pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. (g) Grazing.--Grazing of livestock in the Wilderness, where established before the date of the enactment of this Act, shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. Rept. 101-405). (h) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (i) Water.--Nothing in this section shall affect any existing valid water right. (j) Withdrawal.--Subject to valid existing rights, the Wilderness, the lands to be added under subsection (e), and lands authorized to be acquired by the Pueblo as generally depicted on the map are withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k) Exchange.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall seek to complete an exchange for State land within the boundaries of the Wilderness. SEC. 4. LAND HELD IN TRUST. (a) In General.--Subject to valid existing rights and the conditions under subsection (d), all right, title, and interest of the United States in and to the lands (including improvements, appurtenances, and mineral rights to the lands) generally depicted on the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia'' shall, on receipt of consideration under subsection (c) and adoption and approval of regulations under subsection (d), be declared by the Secretary to be held in trust by the United States for the Pueblo and shall be part of the Pueblo's Reservation. (b) Description of Lands.--The boundary of the lands authorized by this section for acquisition by the Pueblo where generally depicted on the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road shall be 100 feet from the center line of the road. (c) Consideration.-- (1) In general.--In consideration for the conveyance authorized under subsection (a), the Pueblo shall pay to the Secretary the amount that is equal to the fair market value of the land conveyed, as subject to the terms and conditions in subsection (d), as determined by an independent appraisal. (2) Appraisal.--To determine the fair market value, the Secretary shall conduct an appraisal paid for by the Pueblo that is performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (3) Availability.--Any amounts paid under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition from willing sellers of land or interests in land in the State. (d) Public Access.-- (1) In general.--Subject to paragraph (2), the declaration of trust and conveyance under subsection (a) shall be subject to the continuing right of the public to access the land for recreational, scenic, scientific, educational, paleontological, and conservation uses, subject to any regulations for land management and the preservation, protection, and enjoyment of the natural characteristics of the land that are adopted by the Pueblo and approved by the Secretary; Provided that the Secretary shall ensure that the rights provided for in this paragraph are protected and that a process for resolving any complaints by an aggrieved party is established. (2) Conditions.--Except as provided in subsection (f)-- (A) In general.--The land conveyed under subsection (a) shall be maintained as open space, and the natural characteristics of the land shall be preserved in perpetuity. (B) Prohibited uses.--The use of motorized vehicles (except on existing roads or as is necessary for the maintenance and repair of facilities used in connection with grazing operations), mineral extraction, housing, gaming, and other commercial enterprises shall be prohibited within the boundaries of the land conveyed under subsection (a). (e) Rights of Way.-- (1) Existing rights of way.--Nothing in this section shall affect-- (A) any validly issued right-of-way, or the renewal thereof; or (B) the access for customary construction, operation, maintenance, repair, and replacement activities in any right-of-way issued, granted, or permitted by the Secretary. (2) New rights of way and renewals.-- (A) In general.--The Pueblo shall grant any reasonable requests for rights-of-way for utilities and pipelines over land acquired under subsection (a) that is designated as the Rights-of-Way corridor #1 as established in the Rio Puerco Resource Management Plan in effect on the date of the grant. (B) Administration.--Any right-of-way issued or renewed after the date of the enactment of this Act over land authorized to be conveyed by this section shall be administered in accordance with the rules, regulations, and fee payment schedules of the Department of the Interior, including the Rio Puerco Resources Management Plan in effect on the date of issuance or renewal of the right-of-way. (f) Judicial Relief.-- (1) In general.--To enforce subsection (d), any person may bring a civil action in the United States District Court for the District of New Mexico seeking declaratory or injunctive relief. (2) Sovereign immunity.--The Pueblo shall not assert sovereign immunity as a defense or bar to a civil action brought under paragraph (1). (3) Effect.--Nothing in this section-- (A) authorizes a civil action against the Pueblo for money damages, costs, or attorneys fees; or (B) except as provided in paragraph (2), abrogates the sovereign immunity of the Pueblo.

Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico (Wilderness) as a component of the National Wilderness Preservation System. Requires that the map and a legal description of the Wilderness be filed by the Secretary of the Interior with the Senate Committee on Energy and Natural Resources and the House Committee on Resources, and be made available for public inspection in offices of the Bureau of Land Management (BLM). Requires that the Wilderness by managed by the Secretary in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico to the Wilderness if such land is acquired by the Federal Government. Permits grazing of livestock in the Wilderness where grazing rights were established before the enactment of this Act. Provides that nothing in this Act affects: (1) the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the State; or (2) any existing valid water right. Directs the Secretary to seek an exchange for State land within the boundaries of the Wilderness within three years after enactment of this Act. (Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non Federal lands in New Mexico. Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses. Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access. Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in the such lands.

To designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Tax Equity Act of 2007''. SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. (a) Findings.--Congress makes the following findings: (1) The United States largely relies on a direct tax system, whereas 137 countries currently employ one particular form of indirect tax known as value-added taxes (VAT) as well as direct taxes. The worldwide VAT tax average in 2005 was 15.7 percent, and in countries of the European Union it ranges between 15 and 25 percent. (2) Under the rules of the World Trade Organization (WTO), direct taxes, such as corporate income taxes, if rebated or refunded upon the export of goods are viewed as export subsidies and prohibited on most goods and are at least potentially actionable on all goods. However, indirect taxes, such as sales taxes and VAT, may be rebated or refunded upon the export of goods and such rebate or refund is not defined as constituting a subsidy and hence is not actionable under WTO rules. (3) At present, there are no WTO rules on subsidies as applied to trade in services. However, a number of countries currently impose taxes on the import of services and exempt or rebate or refund taxes upon the export of services, to the disadvantage of United States services providers. (4) The disparate treatment of border taxes detrimentally affects United States agricultural producers, manufacturers, and service providers in that-- (A) refunds of indirect taxes effectively act as export subsidies to foreign exporters; and (B) United States exporters are subject to double taxation, by paying direct taxes on domestic production in the United States and having their exported product or service face a border tax in the importing country consisting of indirect taxes. (5) The disparate treatment of border taxes results in a large monetary disadvantage to United States exporters, estimated to equal $93 billion on goods and $47 billion on services. Moreover, since remission of VAT by foreign countries equates to approximately $201 billion in export subsidies on goods exported to the United States and another $38 billion on services exported to the United States, United States producers, in total, suffer an artificial disadvantage of up to $294,000,000,000 on trade in goods and $85,000,000,000 on trade in services. (6) For more than 40 years, United States businesses have complained of border tax inequity and, since 1968, prior United States Administrations and Congresses have sought to resolve it. (7) Congress has repeatedly recognized the prejudicial effect of the disparate treatment of border taxes with respect to goods and has directed the United States to seek a negotiated solution: (A) In passing the Trade Act of 1974 (19 U.S.C. 2101 et seq.), Congress sought ``revision of GATT articles with respect to the treatment of border adjustments for international taxes to redress the disadvantage to countries relying primarily on direct rather than indirect taxes for revenue needs.''. (B) In section 1101(b)(16) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16) and section 2102(b)(15) of Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(b)(15)), Congress declared that a principal trade negotiating objective of the United States is to obtain a revision of WTO rules with respect to the treatment of border taxes in order to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes. (8) The disparate treatment of border taxes is arbitrary, inequitable, causes economic distortions based only on the type of tax system used by a country, and is a primary obstacle to more balanced trade relations between the United States and its major trading partners. (b) Declarations of Policy.--Congress declares the following: (1) It is critically necessary that the issue of border taxes be addressed and resolved in WTO negotiations, whether in the ongoing Doha Development Round of WTO negotiations or subsequent WTO negotiations. (2) If such WTO negotiations fail to achieve the United States trade negotiating objective of revising WTO rules with respect to the treatment of border taxes in order to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes, then effective action through legislation is warranted given the massive and inequitable distortions to trade that United States agricultural producers, manufacturers, and service providers face as a result of border taxes. SEC. 3. REPORT ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES REGARDING BORDER TAXES. (a) Report Required.--Not later than 60 days after the completion of WTO negotiations, or by January 1, 2009, whichever occurs first, the United States Trade Representative shall submit to Congress a report certifying whether or not each of the United States trade negotiating objectives regarding border tax treatment, as specified in subsection (b), has been met as a result of such negotiations. (b) U.S. Trade Negotiating Objectives Regarding Border Tax Treatment Specified.--The United States trade negotiating objectives regarding border tax treatment specified in this subsection are the following: (1) With respect to trade in goods, the revision of WTO rules with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes, as provided for in section 2102(b)(15) of Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(b)(15)). (2) With respect to trade in services-- (A) the elimination of the disadvantage in trade in services that exists for countries relying primarily on direct taxes that are not adjusted at the border rather than indirect taxes that are adjusted at the border; and (B) the revision of WTO rules regarding trade in services to ensure that such rules do not result in disparate treatment of border adjustments for internal taxes based on the direct or indirect nature of such taxes. (c) Definition.--In this section, the terms ``WTO negotiations'' and ``negotiations'' mean the ongoing Doha Development Round of World Trade Organization negotiations or subsequent WTO negotiations that may result in revisions to WTO rules to meet the United States trade negotiating objectives regarding border tax treatment, as specified in subsection (b). SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX SYSTEM. Subtitle D of the Internal Revenue Code (26 U.S.C. 4461 et seq.) is amended by adding at the end the following new subchapter G: ``Subchapter G--Tax on Imports From Foreign Countries With An Indirect Tax System ``Sec. 4491. Imposition of tax. ``SEC. 4491. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed a tax on imports of goods and services from any foreign country that employs an indirect tax system and grants rebates of indirect taxes paid on goods or services exported from that country. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) on an imported good or service shall be an amount equal to the excess of-- ``(1) the indirect taxes that are rebated or not paid on the good or service upon its export, over ``(2) any indirect taxes imposed on the good or service at the border of the United States. ``(c) Liability and Time of Imposition of Tax.-- ``(1) Liability.--The tax imposed by subsection (a) on a good or service shall be paid by the importer of such good or service. ``(2) Time of imposition.--The tax imposed by subsection (a) shall be imposed on imports at the time of entry. ``(d) Period of Applicability.--The tax imposed by subsection (a) shall apply during the period beginning as prescribed in section 6(a)(1) of the Border Tax Equity Act of 2007 and ending on the date on which the United States Trade Representative certifies to Congress that the United States trade negotiating goals of equitable border tax treatment have been met. ``(e) Special Account.--The tax on imports under subsection (a) shall be collected by the Bureau of Customs and Border Protection and deposited into a special account. This special account shall be the source of payments to qualified United States exporters under section 314(b) of the Tariff Act of 1930. ``(f) Definitions.--For purposes of this subchapter-- ``(1) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(2) Importer.--The term `importer' means-- ``(A) as such term relates to imports of goods, one of the parties eligible to file the required customs entry documentation or information pursuant to section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)), and ``(B) as such term relates to imports of services, the importer of the service as defined by the Secretary in rules and regulations promulgated under this subchapter. ``(3) Time of entry.--The term `time of entry' means-- ``(A) as relates to imports of goods, the time generally specified in section 484(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and prescribed in regulations (19 C.F.R. 141.68), and ``(B) as relates to imports of services, the time specified by the Secretary in rules and regulations promulgated under this subchapter. ``(4) Indirect tax system and grants rebates of indirect taxes.--A foreign country employs an indirect tax system and grants rebates of indirect taxes paid on goods or services exported from that country if such country imposes indirect taxes (including sales taxes and value-added taxes (VAT)) on goods or services, and permits a rebate of such indirect taxes paid on goods or services exported from such country. ``(5) Value-added taxes (vat).--The term `value-added taxes' means an indirect general consumption tax that is levied by the exporting country on the value added to goods and services in that country at multiple stages of the production and supply chain. This type of tax is also referred to as a goods and services tax (GST). ``(g) Regulations.--The Secretary may prescribe such rules and regulations as are necessary to carry out this section.''. SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY IMPORTING COUNTRIES. Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et seq.) is amended by inserting after section 313 the following: ``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY IMPORTING COUNTRIES. ``(a) Payments Required.-- ``(1) In general.--Upon exportation of goods or services from the United States to any foreign country that employs an indirect tax system and imposes or applies indirect taxes on imports of goods or services at the border, the Secretary of Homeland Security, acting through the Commissioner of the Bureau of Customs and Border Protection, shall, if requested by the exporter, pay to the exporter an amount equal to the amount of indirect taxes that the importing foreign country imposes or applies at the border to such goods or services, minus any United States taxes paid on such goods or services that have been rebated or refunded upon exportation. ``(2) Information to be included in request.--An exporter who requests a payment under paragraph (1) shall, in such request, identify the indirect taxes imposed by the importing foreign country and present proof of the payment of such taxes to the importing foreign country's authorities within a reasonable period of time after exportation of the goods or services. ``(b) Source of Payments.-- ``(1) Special account.--The payments required under subsection (a) shall be paid from amounts contained in the special account authorized under section 4491(e) of the Internal Revenue Code of 1986. ``(2) Appropriation of additional amounts.--To the extent that, at any time, amounts contained in the special account described in paragraph (1) are inadequate to make payments required under subsection (a), there are hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, such sums as may be necessary for such purpose. ``(c) Period of Applicability.--The requirement to make payments under subsection (a) shall apply during the period beginning as prescribed in subsection (a)(2) or (b) of section 6 of the Border Tax Equity Act of 2007, as the case may be, and ending on the date on which the United States Trade Representative certifies to Congress that each of the United States trade negotiating goals regarding border tax treatment have been met. ``(d) Regulations.--The Secretary of Homeland Security is authorized to prescribe such rules and regulations as are necessary to carry out the provisions of this section. ``(e) Definitions.--In this section: ``(1) Indirect tax system and imposes or applies indirect taxes on imports of goods or services at the border.--A foreign country employs an indirect tax system and imposes or applies indirect taxes on imports of goods or services at the border if such country imposes indirect taxes (including sales taxes and value-added taxes (VAT)) on goods or services, and imposes or applies such indirect taxes on imports of goods or services at the border ``(2) Value-added taxes (vat).--The term `value-added taxes' means an indirect general consumption tax that is levied by the exporting country on the value added to goods and services in that country at multiple stages of the production and supply chain. This type of tax is also referred to as a goods and services tax (GST).''. SEC. 6. EFFECTIVE DATES. (a) General Effective Date.--If, pursuant to subsection (a) of section 3 of this Act, the United States Trade Representative fails to certify to Congress by the dates specified in such subsection that each of the United States trade negotiating objectives regarding border tax treatment described in subsection (b) of such section has been met as a result of WTO negotiations, then-- (1) section 4491 of the Internal Revenue Code of 1986, as added by section 4 of this Act, shall take effect 90 days after such date; and (2) subject to subsection (b), section 314 of the Tariff Act of 1930, as added by section 5 of this Act, shall take effect 120 days after such date. (b) Earlier Effective Date for Exports of Services.-- (1) In general.--If, pursuant to subsection (a) of section 3 of this Act, the United States Trade Representative fails to certify to Congress by January 1, 2008, that each of the United States trade negotiating objectives regarding border tax treatment described in subsection (b) of such section has been met as a result of WTO negotiations, then section 314 of the Tariff Act of 1930, as added by section 5 of this Act, shall take effect on January 1, 2008, with respect to exports of services from the United States as described in section 314 of the Tariff Act of 1930. (2) Appropriation of amounts.--There are hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, such sums as may be necessary for making payments with respect to exports of services from the United States in accordance with section 314 of the Tariff Act of 1930, as added by section 5 of this Act, until such time as the special account authorized under subsection (e) of section 4491 of the Internal Revenue Code of 1986, as added by section 4 of this Act, is established and amounts contained in the special account are adequate to make such payments.

Border Tax Equity Act of 2007 - Requires the United States Trade Representative (USTR) to submit to Congress a report certifying whether or not U.S. objectives to revise World Trade Organization (WTO) rules on border tax treatment of goods and services from countries with indirect tax systems have been met in WTO negotiations. Amends the Internal Revenue Code to: (1) impose a tax on imports of goods and services from any country with an indirect tax system and deposits taxes so collected into a special account; and (2) upon request of a U.S. exporter, grant a rebate to such exporter from such account of indirect taxes paid. Imposes such requirements if the USTR fails to certify to Congress that U.S. objectives have been met.

To authorize the imposition of a tax on imports from any country that employs indirect taxes and grants rebates of the same upon export and to authorize compensatory payments to eligible United States exporters to neutralize the discriminatory effect of such taxes paid by such exporters if United States trade negotiating objectives regarding border tax treatment in World Trade Organization negotiations are not met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2005''. SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal Revenue Code of 1986 (relating to general rule that subsection not to apply to certain distributions) is amended by inserting before the comma at the end the following: ``or any distribution (as described in section 1368(a)) with respect to S corporation stock that constitutes qualifying employer securities (as defined by section 409(l)) to the extent that such distributions are paid to a participant in the manner described in clause (i) or (ii) of section 404(k)(2)(A)''. (b) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(v) Treatment of esop dividends.--Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. EARLY DISTRIBUTIONS FROM EMPLOYEE STOCK OWNERSHIP PLANS FOR HIGHER EDUCATION EXPENSES AND FIRST-TIME HOMEBUYER PURCHASES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from employee stock ownership plans for higher education expenses and first-time homebuyer purchases.-- ``(i) In general.--Distributions made to the employee from an employee stock ownership plan (within the meaning of section 4975(e)(7)), the amount of which does not exceed the sum of-- ``(I) qualified higher education expenses (as defined by paragraph (7)) reduced by the amount of such expenses taken into account under subparagraph (E), and ``(II) qualified first-time homebuyer distributions (as defined by paragraph (8)) reduced by the amount of such distributions taken into account under subparagraph (F). ``(ii) Limitation.--A distribution may only be taken into account under clause (i) if-- ``(I) such distribution is in the form of either employer securities (within the meaning of section 409(l)) or cash proceeds resulting from the sale of such securities made not more than 180 days before the date of such distribution for the purposes of such distribution, ``(II) such securities so distributed or sold were held by such plan for at least 5 years before the date of such distribution or, if applicable, sale, and ``(III) the number of shares in each class of such securities so distributed or sold, when added to all previous distributions and sales of each such class of such securities for such purposes on behalf of such employee, does not exceed 10 percent of the aggregate number of shares of each class of such securities allocated to the account of such employee under such plan. ``(iii) Valuation of distributed securities.--For purposes of clause (ii), the value of a security shall be the value of such security on the date of distribution.''. (b) Conforming Amendments.-- (1) Paragraph (7) of section 72(t) of such Code is amended by striking ``paragraph (2)(E)'' and inserting ``subparagraphs (E) and (G) of paragraph (2)''. (2) Paragraph (8) of section 72(t) of such Code is amended by striking ``paragraph (2)(F)'' and inserting ``subparagraphs (F) and (G) of paragraph (2)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 6. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT REQUIREMENT. (a) In General.--Paragraph (28) of section 401(a) of the Internal Revenue Code of 1986 (relating to additional requirements relating to employee stock ownership plans) is amended by adding at the end the following new subparagraph: ``(D) Exception for de minimis account balance.--A plan shall not fail to meet the requirements of this subparagraph for a plan year solely because the plan provides that clause (i) does not apply to any participant's account in the plan which, as of the close of the preceding plan year, has an account balance which does not exceed $2,500.''. (b) Effective Date.--The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.

Employee Stock Ownership Plan Promotion and Improvement Act of 2005 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; (6) allow early distributions from an ESOP for higher education expenses and first-time homebuyer purchases without penalty; and (7) allow a de minimis exception from pension plan diversification requirements for ESOP accounts with balances of $2,500 or less.

A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Debt Collector Abuse Act of 2010''. SEC. 2. ENHANCED VALIDATION NOTICES. (a) In General.--Section 809(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; and (2) by striking paragraph (5) and inserting the following: ``(5) the date of the last payment to the creditor on the subject debt by the consumer and the amount of the debt at the time of default; ``(6) the name and address of the last person to extend credit with respect to the debt; ``(7) an itemization of the principal, fees, and interest that make up the debt and any other charges added after the date of the last payment to the creditor; ``(8) a description of the rights of the consumer-- ``(A) to request that the debt collector cease communication with the consumer under section 805(c); and ``(B) to have collection efforts stopped under subsection (b); and ``(9) the name and contact information of the person responsible for handling complaints on behalf of the debt collector.''. (b) Effective Date.--This section and the amendments made by this section shall become effective 1 year after the date of enactment of this Act. SEC. 3. DISPUTE INVESTIGATIONS AND VERIFICATION. Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(b)) is amended-- (1) by inserting after ``(b)'' the following: ``Disputed Debts.-- ``(1) In general.--''; and (2) by striking ``Collection activities'' and inserting the following: ``(2) Reasonable investigation and verification required.-- Upon receipt of a notification under paragraph (1) that a debt is disputed by the consumer, the debt collector shall undertake a thorough investigation of the substance of the dispute, and shall timely provide to the consumer specific responsive information and verification of the disputed debt. ``(3) Collection activities.--Collection activities''. SEC. 4. AWARD OF DAMAGES. (a) Additional Damages Indexed for Inflation.-- (1) In general.--Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following: ``(f) Adjustment for Inflation.-- ``(1) Initial adjustment.--Not later than 90 days after the date of the enactment of this subsection, the Commission shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in such section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds ``(B) the Consumer Price Index for the 12-month period preceding January 1, 1978. ``(2) Annual adjustments.--With respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Commission shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(B) the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).''. (2) Applicability.--The increases made under section 813(f) of the Fair Debt Collection Practices Act, as added by paragraph (1) of this subsection, shall apply with respect to failures to comply with a provision of such Act (15 U.S.C. 1601 et seq.) occurring on or after the date of enactment of this Act. (b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the following: ``In a civil action alleging a violation of this title, the court may award appropriate relief, including injunctive relief.''. SEC. 5. SEEKING A WARRANT FOR ARREST OF DEBTOR AS AN UNFAIR DEBT COLLECTION PRACTICE. (a) In General.--Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following: ``(9) A request by a debt collector to a court or any law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt.''. (b) Construction.--Paragraph (9) of such section 808, as added by subsection (a), shall not be construed to limit a court's inherent authority to hold a debtor in civil contempt, nor to limit a debt collector's ability to seek a writ of execution or similar remedy to take possession of property in order to satisfy a valid judgment of debt.

End Debt Collector Abuse Act of 2010 - Amends the Fair Debt Collection Practices Act to require a debt collector, in the absence of such information in an initial communication or payment of the debt, to include in a written notice to the consumer the following: (1) the date of the last payment to the creditor on the debt and the debt amount at the time of default; (2) the name and address of the last person to extend credit with respect to the debt; (3) an itemization of the principal, fees, and interest that comprise the debt and any other charges added after the date of the last payment; (4) a description of the rights of the consumer concerning the ceasing of debt collector communication with the consumer and having collection efforts stopped; and (5) the name and contact information of the person responsible for handling complaints on behalf of the debt collector. Revises procedures concerning disputed debts to require a debt collector, upon receipt of a notification that a debt is disputed by the consumer, to undertake a thorough investigation of the substance of the dispute and timely provide specific responsive information and verification of the disputed debt. Requires the Federal Trade Commission (FTC) to provide inflation adjustments to damages awarded in cases of noncompliance with fair debt collection practices under the Act. Allows a court, in a civil action alleging violations of fair debt collection practices, to award appropriate relief, including injunctive relief. Deems as an unfair practice a request by a debt collector to a court or law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt.

A bill to make improvements to the Fair Debt Collection Practices Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Limited Partnerships Parity Act''. SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS, AND RELATED ENERGY ACTIVITIES. (a) In General.--Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``income and gains derived from the exploration'' and inserting ``income and gains derived from the following: ``(i) Minerals, natural resources, etc.-- The exploration'', (2) by inserting ``or'' before ``industrial source'', (3) by inserting a period after ``carbon dioxide'', and (4) by striking ``, or the transportation or storage'' and all that follows and inserting the following: ``(ii) Renewable energy.--The generation of electric power (including the leasing of tangible personal property used for such generation) exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. ``(iii) Electricity storage devices.--The receipt and sale of electric power that has been stored in a device directly connected to the grid. ``(iv) Combined heat and power.--The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). ``(v) Renewable thermal energy.--The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). ``(vi) Waste heat to power.--The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act (42 U.S.C. 6341(5)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act). ``(vii) Renewable fuel infrastructure.--The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. ``(viii) Renewable fuels.--The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act) or section 40A(d)(1). ``(ix) Renewable chemicals.--The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph (6)). ``(x) Energy efficient buildings.--The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). ``(xi) Gasification with sequestration.-- The production of any product or the generation of electric power from a project that meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1) and that separates and sequesters in secure geological storage (as determined under section 45Q(d)(2)) at least 75 percent of such project's total qualified carbon dioxide (as defined in section 45Q(b)). ``(xii) Carbon capture and sequestration.-- ``(I) Power generation facilities.--The generation or storage of electric power (including associated income from the sale or marketing of energy, capacity, resource adequacy, and ancillary services) produced from any power generation facility which is, or from any power generation unit within, a qualified facility described in section 45Q(c) which-- ``(aa) in the case of a power generation facility or power generation unit placed in service after January 8, 2013, captures 50 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)), and ``(bb) in the case of a power generation facility or power generation unit placed in service before January 9, 2013, captures 30 percent or more of the qualified carbon dioxide (as defined in section 45Q(b)) of such facility and disposes of such captured qualified carbon dioxide in secure geological storage (as determined under section 45Q(d)(2)). ``(II) Other facilities.--The sale of any good or service from any facility (other than a power generation facility) which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide (as so defined) of which is disposed of in secure geological storage (as determined under section 45Q(d)(2)).''. (b) Renewable Chemical.-- (1) In general.--Section 7704(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualifying renewable chemical.-- ``(A) In general.--The term `qualifying renewable chemical' means any renewable chemical (as defined in section 9001 of the Agriculture Act of 2014)-- ``(i) which is produced by the taxpayer in the United States or in a territory or possession of the United States, ``(ii) which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination or biological and thermal conversion, of renewable biomass (as defined in section 9001(12) of he Farm Security and Rural Investment Act of 2002), ``(iii) the biobased content of which is 95 percent or higher, ``(iv) which is sold or used by the taxpayer-- ``(I) for the production of chemical products, polymers, plastics, or formulated products, or ``(II) as chemicals, polymers, plastics, or formulated products, ``(v) which is not sold or used for the production of any food, feed, or fuel, and ``(vi) which is-- ``(I) acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, aromatics, 1,4- butanediol, iso-butanol, n-butanol, carboxylic acids, cellulosic sugar, diethyl methylene malonate, ethyl acetate, farnesene, gamma- butyrolactone, glucaric acid, hexamethylenediamine, 3-hydroxy propionic acid, C10 hydrocarbons, isoprene, itaconic acid, ketals, levulinic acid, olefins, polyhydroxyalkonate, polylactic acid, polyitaconic acid, polyols from vegetable oils, poly(xylitan levulinate ketal), 1,3-propanediol, 1,2- propanediol, succinic acid, terpenes, thiols, or p-Xylene, or ``(II) any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. ``(B) Biobased content.--For purposes of subparagraph (A)(iii), the term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866.''. (2) List of other qualifying renewable chemicals.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.

Master Limited Partnerships Parity Act Amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships to include income and gains from renewable and alternative fuels (in addition to fossil fuels), including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage.

Master Limited Partnerships Parity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment Enforcement Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) As the Congress and the Supreme Court of the United States have recognized, the Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families. (4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens. (6) Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District. (7) Legislation is required to correct the District of Columbia's law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS. Section 4 of the Act entitled ``An Act to prohibit the killing of wild birds and wild animals in the District of Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is amended by adding at the end the following: ``Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Nothing in the previous two sentences shall be construed to prohibit the District of Columbia from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person.''. SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. (a) In General.--Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows: ``(10) `Machine gun' means any firearm which shoots, is designed to shoot, or readily restored to shoot automatically, more than 1 shot without manual reloading by a single function of the trigger, and includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.''. (b) Conforming Amendment to Provisions Setting Forth Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22--4501(c), D.C. Official Code) is amended to read as follows: ``(c) `Machine gun', as used in this Act, has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975.''. SEC. 5. REPEAL REGISTRATION REQUIREMENT. (a) Repeal of Requirement.-- (1) In general.--Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) is amended by striking ``any firearm, unless'' and all that follows through paragraph (3) and inserting the following: ``any firearm described in subsection (c).''. (2) Description of firearms remaining illegal.--Section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection: ``(c) A firearm described in this subsection is any of the following: ``(1) A sawed-off shotgun. ``(2) A machine gun. ``(3) A short-barreled rifle.''. (3) Conforming amendment.--The heading of section 201 of such Act (sec. 7--2502.01, D.C. Official Code) is amended by striking ``Registration requirements'' and inserting ``Firearm Possession''. (b) Conforming Amendments to Firearms Control Regulations Act.--The Firearms Control Regulations Act of 1975 is amended as follows: (1) Sections 202 through 211 (secs. 7-2502.02 through 7- 2502.11, D.C. Official Code) are repealed. (2) Section 101 (sec. 7--2501.01, D.C. Official Code) is amended by striking paragraph (13). (3) Section 401 (sec. 7--2504.01, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``the District;'' and all that follows and inserting the following: ``the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.''; and (B) in subsection (b), by striking ``which are unregisterable under section 202'' and inserting ``which are prohibited under section 201''. (4) Section 402 (sec. 7--2504.02, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``Any person eligible to register a firearm'' and all that follows through ``such business,'' and inserting the following: ``Any person not otherwise prohibited from possessing or receiving a firearm under Federal or District law, or from being licensed under section 923 of title 18, United States Code,''; and (B) in subsection (b), by amending paragraph (1) to read as follows: ``(1) The applicant's name;''. (5) Section 403(b) (sec. 7--2504.03(b), D.C. Official Code) is amended by striking ``registration certificate'' and inserting ``dealer's license''. (6) Section 404(a)(3) (sec. 7--2504.04(a)(3)), D.C. Official Code) is amended-- (A) in subparagraph (B)(i), by striking ``registration certificate number (if any) of the firearm,''; (B) in subparagraph (B)(iv), by striking ``holding the registration certificate'' and inserting ``from whom it was received for repair''; (C) in subparagraph (C)(i), by striking ``and registration certificate number (if any) of the firearm''; (D) in subparagraph (C)(ii), by striking ``registration certificate number or''; and (E) by striking subparagraphs (D) and (E). (7) Section 406(c) (sec. 7--2504.06(c), D.C. Official Code) is amended to read as follows: ``(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer's license, the licensee or application shall-- ``(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and ``(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.''. (8) Section 407(b) (sec. 7--2504.07(b), D.C. Official Code) is amended by striking ``would not be eligible'' and all that follows and inserting ``is prohibited from possessing or receiving a firearm under Federal or District law.''. (9) Section 502 (sec. 7--2505.02, D.C. Official Code) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.''; (B) by amending subsection (c) to read as follows: ``(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.''; (C) in subsection (d), by striking paragraphs (2) and (3); and (D) by striking subsection (e). (10) Section 704 (sec. 7--2507.04, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``any registration certificate or'' and inserting ``a''; and (B) in subsection (b), by striking ``registration certificate,''. (c) Other Conforming Amendments.--Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7-- 2531.01(2)(4), D.C. Official Code) is amended-- (1) in subparagraph (A), by striking ``or ignoring proof of the purchaser's residence in the District of Columbia''; and (2) in subparagraph (B), by striking ``registration and''. SEC. 6. REPEAL HANDGUN AMMUNITION BAN. Section 601(3) of the Firearms Control Regulations Act of 1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by striking ``is the holder of the valid registration certificate for'' and inserting ``owns''. SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code) is repealed. SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS. (a) In General.--Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended-- (1) by striking ``that:'' and all that follows through ``(1) A'' and inserting ``that a''; and (2) by striking paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S DWELLING OR OTHER PREMISES. (a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22--4504(a), D.C. Official Code) is amended-- (1) in the matter before paragraph (1), by striking ``a pistol,'' and inserting the following: ``except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a firearm,''; and (2) by striking ``except that:'' and all that follows through ``(2) If the violation'' and inserting ``except that if the violation''. (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 651; sec. 22--4505, D.C. Official Code) is amended-- (1) by striking ``pistol'' each place it appears and inserting ``firearm''; and (2) by striking ``pistols'' each place it appears and inserting ``firearms''. SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS. Section 922 of title 18, United States Code, is amended in paragraph (b)(3) by inserting after ``other than a State in which the licensee's place of business is located'' the following: ``, or to the sale or delivery of a handgun to a resident of the District of Columbia by a licensee whose place of business is located in Maryland or Virginia,''. Passed the House of Representatives September 17, 2008. Attest: LORRAINE C. MILLER, Clerk.

Second Amendment Enforcement Act - (Sec. 3) Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Declares that nothing in such prohibitions shall be construed to prohibit the District from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person. (Sec. 4) Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" as any firearm which shoots, is designed to shoot, or is readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. (Sec. 5) Amends FCRA to repeal the District's: (1) registration requirement for possession of firearms; and (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. (Sec. 6) Allows any individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. (In effect, repeals the handgun ammunition ban.) (Sec. 7) Repeals the requirement that firearms in the possession of individuals (other than law enforcement personnel) must be kept unloaded, disassembled, or with the trigger locked, unless the firearm is kept at an individual's place of business, or while being used for lawful recreational purposes within the District of Columbia. (Sec. 8) Amends FCRA to eliminate criminal penalties for possessing an unregistered firearm. (Sec. 9) Amends federal law to eliminate criminal penalties for carrying a firearm whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Makes conforming amendments to the District of Columbia Code. (Sec. 10) Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a District resident if such licensee's place of business is located in Maryland or Virginia.

To restore Second Amendment rights in the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Office of Advocacy Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) excessive regulations continue to burden United States small business concerns; (2) Federal agencies are reluctant to comply with the requirements of chapter 6 of title 5, United States Code, and continue to propose regulations that impose disproportionate burdens on small entities; (3) the Office of Advocacy of the Small Business Administration (referred to in this Act as the ``Office'') is an effective advocate for small entities, including small business concerns, that can help to ensure that agencies are responsive to small business concerns and that agencies comply with their statutory obligations under chapter 6 of title 5, United States Code, and under the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121; 106 Stat. 4249 et seq.); (4) the independence of the Office is essential to ensure that it can serve as an effective advocate for small business concerns without being restricted by the views or policies of the Small Business Administration or any other executive branch agency; (5) the Office needs sufficient resources to conduct the research required to assess effectively the impact of regulations on small business concerns; and (6) the research, information, and expertise of the Office make it a valuable adviser to Congress as well as the executive branch agencies with which the Office works on behalf of small business concerns. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to ensure that the Office has the statutory independence and adequate financial resources to advocate for and on behalf of small business concerns; (2) to require that the Office report to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator of the Small Business Administration in order to keep them fully and currently informed about issues and regulations affecting small business concerns and the necessity for corrective action by the regulatory agency or the Congress; (3) to provide a separate authorization for appropriations for the Office; (4) to authorize the Office to report to the President and to the Congress regarding agency compliance with chapter 6 of title 5, United States Code; and (5) to enhance the role of the Office pursuant to chapter 6 of title 5, United States Code. SEC. 4. OFFICE OF ADVOCACY. (a) In General.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking sections 201 through 203 and inserting the following: ``SEC. 201. SHORT TITLE. ``This title may be cited as the `Office of Advocacy Act'. ``SEC. 202. DEFINITIONS. ``In this title-- ``(1) the term `Administration' means the Small Business Administration; ``(2) the term `Administrator' means the Administrator of the Small Business Administration; ``(3) the term `Chief Counsel' means the Chief Counsel for Advocacy appointed under section 203; ``(4) the term `Office' means the Office of Advocacy established under section 203; and ``(5) the term `small business concern' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). ``SEC. 203. ESTABLISHMENT OF OFFICE OF ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Administration an Office of Advocacy. ``(2) Appropriation requests.--Each budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, shall include a separate statement of the amount of appropriations requested for the Office of Advocacy, which shall be designated in a separate account in the General Fund of the Treasury. ``(b) Chief Counsel for Advocacy.-- ``(1) In general.--The management of the Office shall be vested in a Chief Counsel for Advocacy, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the ground of fitness to perform the duties of the office. ``(2) Employment restriction.--The individual appointed to the office of Chief Counsel may not serve as an officer or employee of the Administration during the 5-year period preceding the date of appointment. ``(c) Primary Functions.--The Office shall-- ``(1) examine the role of small business concerns in the economy of the United States and the contribution that small business concerns can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing the means by which new and untested products and services can be brought to the marketplace; ``(2) assess the effectiveness of Federal subsidy and assistance programs for small business concerns and the desirability of reducing the emphasis on those programs and increasing the emphasis on general assistance programs designed to benefit all small business concerns; ``(3) measure the direct costs and other effects of government regulation of small business concerns, and make legislative, regulatory, and nonlegislative proposals for eliminating the excessive or unnecessary regulation of small business concerns; ``(4) determine the impact of the tax structure on small business concerns and make legislative, regulatory, and other proposals for altering the tax structure to enable all small business concerns to realize their potential for contributing to the improvement of the Nation's economic well-being; ``(5) study the ability of financial markets and institutions to meet the credit needs of small business concerns, and determine the impact of government demands on credit for small business concerns; ``(6) determine financial resource availability and recommend, with respect to small business concerns, methods for-- ``(A) delivery of financial assistance, including methods for securing equity capital, to small business concerns-- ``(i) owned and controlled by socially and economically disadvantaged individuals; ``(ii) owned and controlled by women; ``(iii) owned and controlled by veterans; or ``(iv) designated as HUBZone small business concerns by the Administration; ``(B) generating markets for goods and services; ``(C) providing effective business education, more effective management and technical assistance, and training; and ``(D) assistance in complying with Federal, State, and local laws; ``(7) evaluate the efforts of Federal agencies and the private sector to assist small business concerns-- ``(i) owned and controlled by socially and economically disadvantaged individuals; ``(ii) owned and controlled by women; ``(iii) owned and controlled by veterans; or ``(iv) designated as HUBZone small business concerns by the Administration; ``(8) make such recommendations as may be appropriate to assist the development and strengthening of small business concerns-- ``(i) owned and controlled by socially and economically disadvantaged individuals; ``(ii) owned and controlled by women; ``(iii) owned and controlled by veterans; or ``(iv) designated as HUBZone small business concerns by the Administration; ``(9) recommend specific measures for creating an environment in which all small business concerns will have the opportunity-- ``(A) to compete effectively and expand to their full potential; and ``(B) to ascertain any common reasons for the successes and failures of small business concerns; ``(10) determine the desirability of developing a set of rational, objective criteria to be used to define the term `small business concern', and develop such criteria, if appropriate; ``(11) make recommendations and submit reports to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator with respect to issues and regulations affecting small business concerns and the necessity for corrective action by the Administrator, any Federal department or agency, or the Congress; and ``(12) evaluate the efforts of each department and agency of the United States, and of private industry, to assist small business concerns owned and controlled by veterans, as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)), and small business concerns owned and controlled by serviced- disabled veterans, as defined in such section 3(q), and to provide statistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator and to the Congress in order to promote the establishment and growth of those small business concerns. ``(d) Additional Functions.--The Office shall, on a continuing basis-- ``(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other department or agency of the Federal Government that affects small business concerns; ``(2) counsel small business concerns on the means by which to resolve questions and problems concerning the relationship between small business and the Federal Government; ``(3) develop proposals for changes in the policies and activities of any agency of the Federal Government that will better fulfill the purposes of this title and communicate such proposals to the appropriate Federal agencies; ``(4) represent the views and interests of small business concerns before other Federal agencies whose policies and activities may affect small business; ``(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government that are of benefit to small business concerns, and information on the means by which small business concerns can participate in or make use of such programs and services; and ``(6) carry out the responsibilities of the Office under chapter 6 of title 5, United States Code. ``(e) Overhead and Administrative Support.--The Administrator shall provide the Office with appropriate and adequate office space at central and field office locations of the Administration, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein.''. (b) Reports to Congress.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 206 and inserting the following: ``SEC. 206. REPORTS TO CONGRESS. ``(a) Annual Reports.--Not less than annually, the Chief Counsel shall submit to the President and to the Committees on Small Business of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives, a report on agency compliance with chapter 6 of title 5, United States Code. ``(b) Additional Reports.--In addition to the reports required under subsection (a) of this section and section 203(c)(11), the Chief Counsel may prepare and publish such reports as the Chief Counsel determines to be appropriate. ``(c) Prohibition.--No report under this title shall be submitted to the Office of Management and Budget or to any other department or agency of the Federal Government for any purpose before submission of the report to the President and to the Congress.''. (c) Authorization of Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 207 and inserting the following: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Office to carry out this title, such sums as may be necessary for each fiscal year. ``(b) Availability.--Any amount appropriated under subsection (a) shall remain available, without fiscal year limitation, until expended.''. (d) Incumbent Chief Counsel for Advocacy.--The individual serving as the Chief Counsel for Advocacy of the Small Business Administration on the date of enactment of this Act shall continue to serve in that position after such date in accordance with section 203 of the Office of Advocacy Act, as amended by this section.

Independent Office of Advocacy Act of 2003 - Amends the Small Business Act regarding the establishment of the Office of Advocacy to: (1) require each annual budget submitted by the President to include a separate statement of the amount of appropriations requested for such Office; (2) require the Office to recommend methods for the delivery of financial assistance to women-owned businesses, businesses owned and controlled by socially and economically disadvantaged individuals or veterans, and businesses designated as HUBZone small businesses, and evaluate the efforts of Federal agencies and the private sector in assisting such businesses; (3) require the Office to make recommendations and submit specified reports concerning issues and regulations affecting small business and any necessity for corrective action; and (4) require the Office to evaluate the efforts of the Federal Government and private industry to assist small businesses owned by veterans and service-disabled veterans. Requires the SBA to provide appropriate administrative support to the Office.Requires the Chief Counsel to report annually to the President and specified congressional committees on agency compliance with Federal regulatory analysis requirements.

A bill to ensure the independence and nonpartisan operation of the Office of Advocacy of the Small Business Administration.

SECTION 1. FINDINGS. Congress finds the following: (1) It is in the interest of the United States to maximize economic return from the growing trade in cruise ships sailings to and from Alaska by encouraging the use of United States berthing and repair facilities, labor, supplies, and other services, as well as the growth of new enterprises such as the carriage of passengers on luxury cruises between ports in Alaska. (2) In promoting additional economic benefits to the United States from the cruise ship industry, there is a need to ensure that existing employment and economic activity associated with the Alaska Marine Highway System, United States-flag tour boats operating from Alaska ports, and similar United States enterprises are protected from adverse impacts. (3) Cruise ship sailings to Alaska comprise a vital and growing segment of the United States travel industry. Since 1989, the number of Alaska tourist arrivals via cruise ship has grown by 86 percent. With over one-half million passengers per year, Alaska has become the third most popular cruise destination in the world, after the Caribbean and Europe. (4) No United States-flag cruise ships are presently available to enter the Alaska trade. Thus, all cruise ships carrying passengers to and from Alaska destinations are foreign-flag vessels which are precluded, under current law, from carrying passengers between United States ports. (5) The City of Vancouver, British Columbia receives substantial economic benefit through providing services to cruise ships in the Alaska trade. In 1995, Alaska sailings accounted for 283 voyages, up from 275 in 1994, and for a total of 595,577 passengers, up from 591,160. Past estimates of Vancouver's gains from this industry included direct and indirect employment of almost 2,500 people, and direct and indirect payments for goods and services of approximately $120 million per year. (6) The transfer of cruise ship-based economic activity from Vancouver, British Columbia to United States ports could yield additional Federal revenues of nearly $100 million per year, and additional State and local government revenues of approximately $30 million. SEC. 2. FOREIGN FLAG CRUISE VESSELS. (a) Waiver.--Notwithstanding provisions of section 8 of the Act of June 19, 1886 (46 U.S.C. 289), or any other provision of law, passengers may be transported in foreign-flag cruise vessels between ports in Alaska and between ports in Alaska and other ports on the west coast of the contiguous states, except as otherwise provided by this section. (b) Coastwise Trade.--Upon a showing satisfactory to the Secretary of Transportation, by the owner or charterer of a United States cruise vessel, that service aboard such vessel qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817(e)) for service in the coastwise trade between ports in Alaska or between ports in Alaska and other ports on the west coast of the contiguous states, or both, the Secretary shall notify the owner or operator of one or more foreign-flag cruise vessels transporting passengers under authority of this section, if any, that he shall, within one year from the date of notification, terminate such service. Coastwise privileges granted to any owner or operator of a foreign-flag cruise vessel under this section shall expire on the 365th day following receipt of the Secretary's notification. (c) Notification.--Notifications issued by the Secretary under subsection (b) of this section shall be issued to the owners or operators of foreign-flag cruise vessels-- (1) in the reverse of the order in which foreign-flag cruise vessels entered the coastwise service under this section determined by the date of the vessels' first coastwise sailing; and (2) in the minimum number as to ensure that the passenger- carrying capacity thereby removed from coastwise service exceeds the passenger-carrying capacity of the United States cruise vessel which is entering the service. (d) Termination.--If, at the expiration of the 365-day period specified in subsection (b) of this section, the United States cruise vessel that has offered or advertised service pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817(e)) has not entered the coastwise passenger trade between ports in Alaska or between ports in Alaska and other ports on the west coast of the contiguous states, then the termination of service required by subsection (b) shall not take effect until 90 days following the entry into trade by the United States vessel. (e) Definitions.--For the purposes of this section, the term-- (1) ``cruise vessel'' means a vessel of greater than 5,000 deadweight tons which provides a full range of luxury accommodations, entertainment, dining and other services for its passengers; and (2)(A) ``foreign-flag cruise vessels'' does not apply to vessels which regularly carry for hire both passengers and vehicles or other cargo, or-- (B) which serve residents of their ports of call in Alaska or other ports in the United States as a common or frequently used means of transportation between United States ports. (f) Disclaimer.--Nothing in this Act shall be construed as affecting or otherwise modifying the authority contained in the Act of June 30, 1961 (46 U.S.C. 289(b)) authorizing the transportation of passengers and merchandise in Canadian vessels between ports in Alaska and the United States.

Authorizes passenger transportation in foreign-flag cruise vessels between Alaska ports, and between Alaska ports and those on the west coast of the contiguous States. Prescribes procedural guidelines under which the Secretary of Transportation shall notify the owner or operator of one or more foreign-flag vessels that he shall terminate the authorization for the foreign-flag vessel to provide passenger transportation upon a showing by the owner or charterer of a U.S. cruise vessel that the U.S. vessel is offering such passenger service pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation. States that coastwise privileges granted a foreign-flag cruise vessel under this Act shall expire on the 365th day following receipt of the Secretary's termination notification.

A bill to increase economic benefits to the United States from the activities of cruise ships visiting Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Section 8 Reform, Responsibility, and Accountability Act of 2012''. SEC. 2. PROHIBITION OF SECTION 8 RENTAL ASSISTANCE FOR FELONS AND ILLEGAL ALIENS. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (i) the following new subsection: ``(j) Prohibition of Assistance for Felons.--Notwithstanding any other provision of law, assistance under this section (including tenant- and project-based assistance) may not be provided for any family that includes an individual who-- ``(1) at any time, has been convicted of a felony under any State or Federal law; or ``(2) is unlawfully present in the United States.''. (b) Applicability.--The amendment made by subsection (a) shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of this Act. SEC. 3. 5-YEAR TIME LIMITATION ON SECTION 8 RENTAL ASSISTANCE. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by adding at the end the following new subsection: ``(g) 5-Year Time Limitation on Section 8 Assistance.-- ``(1) In general.--Except as otherwise provided in this subsection and notwithstanding any other provision of this Act, assistance under section 8 may not be provided on behalf of any family that includes a member who has previously been provided such assistance for 60 months (whether or not consecutive) or longer. ``(2) Exception for elderly and disabled families.--In determining the number of months for which an individual has been provided assistance under section 8, for purposes of paragraph (1), a public housing agency shall disregard any month during which such individual was a member of a disabled or elderly family so assisted. ``(3) Applicability.-- ``(A) In general.--This subsection shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of the Section 8 Reform, Responsibility, and Accountability Act of 2012. ``(B) Treatment of assistance before effective date of limitation.--Except as provided in subparagraph (C), any months that commenced before the expiration of such period shall be considered for purposes of determining, pursuant to paragraph (1), the number of months for which an individual has been provided assistance under section 8. ``(C) Two-year safe harbor after effective date.-- For purposes of paragraph (1), the maximum number of months that commenced before the expiration of such 24- month period that any individual may be considered to have been provided assistance under section 8, shall be 36.''. SEC. 4. WORK REQUIREMENTS FOR SECTION 8 RENTAL ASSISTANCE. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: ``(h) Work Requirement for Assisted Families Receiving Section 8 Assistance.-- ``(1) In general.--Except as provided in this subsection and notwithstanding any other provision of this Act, assistance under section 8 may not be provided on behalf of any family, unless each member of the family who is 18 years of age or older performs not fewer than 20 hours of work activities (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d))) per week. ``(2) Exemptions.--The Secretary of Housing and Urban Development shall provide an exemption from the applicability of paragraph (1) for any individual family member who-- ``(A) is 62 years of age or older; ``(B) is a blind or disabled individual, as defined under section 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to comply with this section, or is a primary caretaker of such individual; ``(C) meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency administering rental assistance described in paragraph (1) is located, including a State-administered welfare-to-work program; ``(D) is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency administering such rental assistance is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program; or ``(E) is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for one or more of the following reasons: ``(i) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site. ``(ii) Unavailability or unsuitability of informal child care by a relative or under other arrangements. ``(iii) Unavailability of appropriate and affordable formal child care arrangements. ``(3) Administration.--A public housing agency providing rental assistance described in paragraph (1) may administer the work activities requirement under this subsection directly, through a resident organization, or through a contractor having experience in administering work activities programs within the service area of the public housing agency. The Secretary may establish qualifications for such organizations and contractors. ``(4) Participation of nonprofit employment and work development organizations.--In administering this subsection, each public housing agency shall provide for the active participation of nonprofit employment assistance and training organizations and nonprofit work development organizations in assisting families receiving rental assistance under section 8, in accordance with such requirements as the Secretary shall establish. ``(5) Applicability.--This subsection shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of the Section 8 Reform, Responsibility, and Accountability Act of 2012.''. SEC. 5. PREFERENCE FOR PROVIDING SECTION 8 RENTAL ASSISTANCE TO VETERANS. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended-- (1) in subsection (d)(1)(A)-- (A) by inserting after ``except that'' the following: ``each public housing agency shall give preference to families that include a member who is a veteran as such term is defined in section 101 of title 38, United States Code) who will reside in the dwelling unit assisted, and except that''; and (B) by inserting after ``local preferences,'' the following: ``which shall be subordinate to the preference for veterans and shall be''; and (2) in subsection (o)-- (A) in paragraph (6)(A)-- (i) in clause (ii)-- (I) by striking ``this subparagraph'' and inserting ``clause (ii)''; and (II) by inserting before the period at the end the following: ``, and shall be subordinate to the preference established under clause (i)''; (ii) by redesignating clauses (i) and (ii) (as so amended) as clauses (ii) and (iii), respectively; and (iii) by inserting before clause (ii) (as so redesignated by clause (ii) of this subparagraph) the following new clause: ``(i) Required preference for veterans.--In making tenant-based assistance under this subsection available on behalf of eligible families, each public housing agency shall give preference to families that include a member who is a veteran (as such term is defined in section 101 of title 38, United States Code) who will reside in the dwelling unit assisted.''; and (B) in paragraph (13)(J)-- (i) by striking ``The agency'' and inserting the following: ``In selecting families to receive project-based assistance pursuant to this paragraph, the agency shall give preference to families that include a member who is a veteran (as such term is defined in section 101 of title 38, United States Code) who will reside in the unit. In addition, the agency''; and (ii) by inserting after ``section 5A'' the following: ``, except that any such preferences established pursuant to this sentence shall be subordinate to the preference established by the preceding sentence.''. (b) Applicability.--The amendments made by subsection (a) shall apply beginning upon the date of the enactment of this Act. SEC. 6. TERMINATION OF SECTION 8 ASSISTANCE AND TERMINATION OF TENANCY IN ASSISTED UNITS. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Termination of Assistance and Tenancy.--Notwithstanding any other provision of this section or of chapter 1 or 8 of the handbook of the Secretary entitled `Occupancy Requirements of Subsidized Multifamily Housing Programs', as in effect on May 18, 2011 (HUD Handbook 4350.3 REV-1), the provisions of chapter 8 (relating to termination of housing assistance and termination of tenancy) shall apply with respect to any housing assistance provided under this section, any housing assistance payments contract pursuant to this section, and any tenant of a unit assisted under this section.''. SEC. 7. TREATMENT OF STATE AND LOCAL LAWS. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (l), as added by the preceding provisions of this Act, the following new subsection: ``(m) Treatment of State and Local Laws.--No provision of this Act or of any housing assistance payments contract under this section may be construed to annul, alter, affect, or exempt any person or housing assisted under this section or such a contract from complying with the laws of any State or political subdivision of a State.''. SEC. 8. SENSE OF THE CONGRESS REGARDING THE MOVING TO WORK PROGRAM. It is the sense of the Congress that the Moving to Work demonstration program of the Department of Housing and Urban Development under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) should be expanded to include significantly more public housing agencies. SEC. 9. USE OF UNSPENT HOUSING ASSISTANCE PAYMENTS CONTRACT AMOUNTS FOR COMPLIANCE MEASURES. Amounts provided by the Secretary of Housing and Urban Development to a public housing agency under an annual contributions contract for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that remain unused for housing assistance payments contracts may be used by such agency for actions-- (1) to monitor compliance of owners of housing assisted under such section and tenants of such housing with all laws and regulations relating to such assistance; and (2) to enforce violations of such laws and regulations. SEC. 10. PUBLIC AVAILABILITY OF PHA PLANS. (a) In General.--Section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) is amended by adding at the end the following new subsection: ``(m) Public Availability of Plan.--Each public housing agency that has a public housing agency plan approved under this section shall make the approved plan (and any approved modifications and amendments to such plan) publicly available for inspection during regular business hours at the offices of the agency and in electronic form by means of the World Wide Web.''. (b) Applicability.--Subsection (m) of section 5A of the United States Housing Act of 1937, as added by the amendment made by subsection (a), shall apply beginning upon the date of the enactment of this Act.

Section 8 Reform, Responsibility, and Accountability Act of 2012 - Amends the United States Housing Act of 1937 (USHA) to prohibit section 8 rental assistance (including tenant- and project-based assistance) from being provided to any family that includes a convicted felon or illegal alien. Places a five-year limitation on section 8 rental assistance, disregarding any month during which such individual was a member of a disabled or elderly family so assisted. Prohibits such assistance on behalf of any family, unless each member of the family who is 18 years of age or older performs at least 20 hours of work activities per week. Requires the Secretary of Housing and Urban Development (HUD) to exempt from such prohibition any individual family member who meets certain requirements. Requires a public housing agency (PHA), in providing such housing assistance, to give preference to families that include a member who is a veteran that will reside in the dwelling unit. Declares that requirements relating to termination of housing assistance and termination of tenancy shall apply to any section 8 housing assistance provided, any housing assistance payments contract, and any tenant of a unit assisted. Prohibits any requirement of USHA, or of any housing assistance payments contract under USHA, from being construed to annul, alter, affect, or exempt any person or housing assisted under it or under such a contract from complying with the laws of any state or local government. Expresses the sense of Congress that the HUD Moving to Work demonstration program under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 should be expanded to include significantly more PHAs. Authorizes the use of unspent section 8 housing assistance payments for section 8 compliance measures. Requires approved PHA plans, including modifications and amendments, to be made public at the PHA's office and in electronic form on the World Wide Web.

To reform the program for rental assistance under section 8 of the United States Housing Act of 1937, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advance Fee Loan Scam Prevention Act of 1993''. SEC. 2. TITLE 18 AMENDMENT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1033. Loan broker advance fees and fraud ``(a) It shall be unlawful for a loan broker-- ``(1) to solicit an advance fee in connection with-- ``(A) arranging or attempting to arrange consumer credit; ``(B) offering to find for any individual consumer credit; or ``(C) advising any individual as to how to obtain consumer credit; ``(2) to make or use any false or misleading representations or omit any material fact in the offer or sale of the service of a loan broker; or ``(3) to engage, directly or indirectly, in any conduct that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the person to whom the loan broker's services are offered or sold. ``(b) Whoever knowingly violates subsection (a) of this section shall be fined under this title or imprisoned for not more than 5 years, or both ``(c) Any violation of subsection (a) shall-- ``(1) be treated as a violation of a rule of the Federal Trade Commission issued pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act; and ``(2) be subject to enforcement by the Federal Trade Commission under the enforcement and penalty provisions applicable to violations of such rules. ``(d) For purposes of section 3005(a) of title 39, a violation of subsection (a) of this section by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations. ``(e) For purposes of this section-- ``(1) the term ``loan broker''-- ``(A) means any person who, in or affecting interstate or foreign commerce-- ``(i) for, or in expectation of, a consideration, arranges or attempts to arrange or offers to find for any individual, consumer credit; ``(ii) for, or in expectation of, a consideration, assists or advises an individual on obtaining, or attempting to obtain, consumer credit; or ``(iii) acts or purports to act for, or on behalf of, a person described in clause (i) or (ii) of this subparagraph, for the purpose of soliciting individuals interested in obtaining consumer credit; and ``(B) does not include-- ``(i) any insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), any insured credit union (as defined in section 101(7) of the Federal Credit Union Act), or any depository institution which is eligible for deposit insurance under the Federal Deposit Insurance Act or the Federal Credit Union Act and has deposit insurance coverage provided by any State; ``(ii) any lender approved by the Federal Housing Administration, Farmers Home Administration, or Department of Veterans Affairs; ``(iii) any seller or servicer of mortgages approved by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; or ``(iv) any consumer finance company, retail installment sales company, securities broker or dealer, real estate broker or real estate salesperson, attorney, credit card company, installment loan licensee, mortgage broker or lender, or insurance company if such person is-- ``(I) licensed by and subject to regulation or supervision by any agency of the United States or by the State in which the person seeking to utilize the services of the loan broker resides; and ``(II) is acting within the scope of that license or regulation; ``(2) the term ``advance fee''-- ``(A) means any fee (including any advance payment of interest or other fees for any extension of consumer credit) which is assessed or collected by a loan broker from any person seeking the consumer credit before the extension of such credit; and ``(B) does not include-- ``(i) any amount that the loan broker can demonstrate is collected solely for the purpose of payment to unaffiliated, third party vendors for actual expenses incurred and payable before the extension of any consumer credit; or ``(ii) any application fee or other charge assessed or collected-- ``(I) by a retail seller of property that is primarily for personal, family, or household purposes or automobiles; ``(II) in connection with a consumer credit transaction in which a purchase money security interest arising under an installment sales contract (or any equivalent consensual security interest) is created or retained against any such property or automobile being sold by the retail seller to the person seeking the extension of credit; or ``(III) in connection with a residential real estate transaction that is secured by a first lien on the property, including a purchase, refinancing, or consolidation of an extension of credit; and ``(3) the terms ``consumer'' and ``credit'' have the meanings given to such terms in section 103 of the Truth in Lending Act.''. (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United States Code, is amended-- (1) by striking ``title or a violation'' and inserting ``title, a violation''; and (2) by inserting ``, or a violation of section 1033 of this title'' before the period. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1033. Loan broker advance fees and fraud.''.

Advance Fee Loan Scam Prevention Act of 1993 - Amends Federal criminal law to prohibit the receipt of advance fees by unregulated loan brokers arranging consumer credit for individuals. Grants the Federal Trade Commission enforcement powers under this Act. Establishes criminal penalties and civil forfeiture penalties for violations of this Act.

Advance Fee Loan Scam Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pentagon 9/11 Memorial Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Construction of the Pentagon was completed in the midst of World War II on January 15, 1943. (2) September 11, 2001, marks a tragic day in the history of the United States and the Pentagon Building located in Arlington, Virginia. (3) 184 individuals ages 3 to 71 lost their lives through the horrific event that unfolded at the Pentagon on September 11, 2001. (4) An appropriate memorial reminding us of the brave men, women, and children who perished has been designed and is to be built on 1.93 acres located on the western side of the Pentagon Building. (5) The target completion date for the construction of the Pentagon Memorial park is late fall 2006. (6) Almost $30,000,000 will need to be raised from the private sector in order to begin construction of the memorial and to maintain it upon completion. (7) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding for the construction and maintenance of the Pentagon Memorial in remembrance of those who lost their lives at the Pentagon on September 11, 2001. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $50 gold coins.--$50 coins, in the number determined under subsection (b), which shall-- (A) weigh 1 ounce; (B) have a diameter of 1.287 inches; and (C) contain 91.67 percent gold and 8.33 percent alloy. (2) $1 silver coins.--Such number of $1 coins as the Secretary determines appropriate to meet demand, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Such number of half dollar coins as the Secretary determines appropriate to meet demand, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Number of Gold Coins.-- (1) In general.--The number of gold coins minted and issued under this Act shall equal the sum of 10,000 and the number determined under paragraph (2). (2) Determination of number.--The Secretary, in consultation with the Attorney General of the United States, the Secretary of Defense, and the Governor of Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attack against the Pentagon that occurred on September 11, 2001, and shall identify such individuals. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of Bullion.--For the purpose of minting coins under this Act, the Secretary may only use metals that are from natural deposits in the United States or any territory or possession of the United States. (f) Special Treatment Under Exigent Circumstances.-- (1) Findings.--The Congress finds as follows: (A) The limitations contained in paragraphs (1) and (2)(A) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title have well served, and continue to serve, their purpose of bringing greater stability to the markets for commemorative coins, maximizing demand and participation in such programs, and ensuring that such programs have a broad base of private support and are not used as the primary means of fundraising by organizations that are the recipients of surcharges. (B) The shocking circumstances of September 11, 2001, the broad base of public interest in remembering those innocent individuals who lost their lives at the Pentagon on September 11, 2001, and participating in the raising of funds for the Pentagon Memorial Fund, and the importance of implementing this coin program as quickly as possible, notwithstanding the limitations contained in such paragraphs, justify exempting the coins produced under this Act from such limitations. (2) Exemption.--Paragraphs (1) and (2) of section 5112(m) of title 31, United States Code, and section 5134(f)(1)(B) of such title shall not apply to coins authorized under this Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the spirit and bravery of the civilians, servicemen and women that work at the Pentagon and were aboard Flight 77 on September 11, 2001. (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 ``2001''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Secretary of Defense, the Executive Committee of the Pentagon Memorial Fund, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.-- (1) In general.--Except as provided under paragraph (2), coins minted under this Act shall be issued in uncirculated quality. (2) Gold coins.--$50 coins minted under section 3(a)(1) shall be issued only in proof quality. (b) Mint Facility.-- (1) In general.--Except as provided under paragraph (2), only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Clad coins.--Any number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 3(a)(3). (c) Period for Issuance.--The Secretary-- (1) shall commence issuing coins minted under this Act as soon as possible after the date of the enactment of this Act; and (2) shall not issue any coins after the end of the 1-year period beginning on the date such coins are first issued. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under section 3(a) (other than the $50 gold coins referred to in subsection (d)) shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping), including the cost of the coins presented under subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under section 3(a) at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under section 3(a). (2) Reasonable discount.--The sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary shall issue a $50 coin minted under section 3(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 3(b)(2). The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of such gold coins. SEC. 7. SURCHARGES ON SALE OF COINS. (a) In General.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge of-- (1) $100 per coin for the $50 gold coins; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half dollar 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 promptly paid by the Secretary to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia. (c) Audit.--The Pentagon Memorial Fund 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 (a).

Pentagon 9/11 Memorial Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint and issue: (1) $50 gold coins; (2) $1 silver coins; and (3) half dollar clad coins emblematic of the spirit and bravery of the civilians and servicemen and servicewomen that work at the Pentagon and were aboard Flight 77 on September 11, 2001. Requires: (1) surcharges on the sale of any coins minted under this Act; and (2) all surcharges received from the sale of coins issued under this Act to be promptly paid to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia.

To require the Secretary of the Treasury to mint coins in commemoration of the tragic loss of lives at the Pentagon on September 11, 2001, and to support construction of the Pentagon 9/11 Memorial in Arlington, Virginia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer's Defense Act''. SEC. 2. MANDATORY CONGRESSIONAL REVIEW. Chapter 8 of title 5, United States Code, is amended by inserting after section 808 the following: ``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES ``Sec. 815. Rules Subject to Mandatory Congressional Review ``A rule that establishes or increases a tax, however denominated, shall not take effect before the date of the enactment of a bill described in section 816 and is not subject to review under subchapter I. This section does not apply to a rule promulgated under the Internal Revenue Code of 1986. ``Sec. 816. Agency Submission ``Whenever an agency promulgates a rule subject to section 815, the agency shall submit to each House of Congress a report containing the text of the rule and an explanation of it. An agency shall submit such a report separately for each such rule it promulgates. The explanation shall consist of the concise general statement of the rule's basis and purpose required by section 553 and such explanatory documents as are mandated by other statutory requirements. ``Sec. 817. Approval Bill ``(a) Introduction and Referral.-- ``(1) Introduction.--Not later than 3 legislative days after the date on which an agency submits a report under section 816, the Majority Leader of each House of Congress shall introduce (by request) a bill the matter after the enacting clause of which is as follows: ``The following agency rule is approved and shall have the force and effect of law:''. The text of the agency rule submitted under section 816 shall be set forth after the colon. If such a bill is not introduced in a House of Congress as provided in the first sentence of this subsection, any Member of that House may introduce such a bill not later than 7 legislative days after the period for introduction by the Majority Leader. ``(2) Referral.--A bill introduced under paragraph (1) shall be referred to the Committees in each House of Congress with jurisdiction over the subject matter of the rule involved. ``(b) Procedure.-- ``(1) Consideration in the house of representatives.-- ``(A) Committee or member action.--Any committee of the House of Representatives to which a bill is referred shall report it without amendment, and with or without recommendation, not later than the 30th calendar day of session after the date of its introduction. If any committee fails to report the bill within that period, it is in order to move that the House discharge the committee from further consideration of the bill. A motion to discharge may be made only by a Member favoring the bill (but only at a time designated by the Speaker on the legislative day after the calendar day on which the Member offering the motion announces to the House his intention to do so and the form of the motion). The motion is highly privileged. Debate thereon shall be limited to not more than one hour, the time to be divided in the House equally between the proponent and an opponent. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. ``(B) House action.--After a bill is reported or a committee has been discharged from further consideration, it is in order to move that the House resolve into the Committee of the Whole House on the State of the Union for consideration of the bill. If reported and the report has been available for at least one calendar day, all points of order against the bill and against consideration of the bill are waived. If discharged, all points of order against the bill and against consideration of the bill are waived. The motion is highly privileged. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. During consideration of the bill in the Committee of the Whole, the first reading of the bill shall be dispensed with. General debate shall proceed, shall be confined to the bill, and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the bill. After general debate, the bill shall be considered as read for amendment under the five-minute rule. At the conclusion of the consideration of the bill, the Committee shall rise and report the bill to the House without intervening motion. The previous question shall be considered as ordered on the bill to final passage without intervening motion. A motion to reconsider the vote on passage of the bill shall not be in order. ``(C) Appeals.--Appeals from decisions of the Chair regarding application of the rules of the House of Representatives to the procedure relating to a bill shall be decided without debate. ``(2) Consideration in the senate.-- ``(A) Referral and reporting.--Any bill introduced in the Senate shall be referred to the appropriate committee or committees. A committee to which a bill has been referred shall report the bill without amendment not later than the 30th day of session following the date of introduction of that bill. If any committee fails to report the bill within that period, that committee shall be automatically discharged from further consideration of the bill and the bill shall be placed on the Calendar. ``(B) Bill from house.--When the Senate receives from the House of Representatives a bill, such bill shall not be referred to committee and shall be placed on the Calendar. ``(C) Motion nondebatable.--A motion to proceed to consideration of a bill under this subsection shall not be debatable. It shall not be in order to move to reconsider the vote by which the motion to proceed was adopted or rejected, although subsequent motions to proceed may be made under this paragraph. ``(D) Limit on consideration.-- ``(i) Vote.--After no more than 10 hours of consideration of a bill, the Senate shall proceed, without intervening action or debate (except as permitted under subparagraph (F)), to vote on the final disposition thereof to the exclusion of all motions, except a motion to reconsider or to table. ``(ii) Motion to extend.--A single motion to extend the time for consideration under clause (i) for no more than an additional 5 hours is in order before the expiration of such time and shall be decided without debate. ``(iii) Time for debate.--The time for debate on the disapproval bill shall be equally divided between the Majority Leader and the Minority Leader or their designees. ``(E) No motion to recommit.--A motion to recommit a bill shall not be in order. ``(F) Disposition of senate bill.--If the Senate has read for the third time a bill that originated in the Senate, then it shall be in order at any time thereafter to move to proceed to the consideration of a bill for the same special message received from the House of Representatives and placed on the Calendar pursuant to subparagraph (B), strike all after the enacting clause, substitute the text of the Senate bill, agree to the Senate amendment, and vote on final disposition of the House bill, all without any intervening action or debate. ``(G) Consideration of house message.-- Consideration in the Senate of all motions, amendments, or appeals necessary to dispose of a message from the House of Representatives on a bill shall be limited to not more than 4 hours. Debate on each motion or amendment shall be limited to 30 minutes. Debate on any appeal or point of order that is submitted in connection with the disposition of the House message shall be limited to 20 minutes. Any time for debate shall be equally divided and controlled by the proponent and the majority manager, unless the majority manager is a proponent of the motion, amendment, appeal, or point of order, in which case the minority manager shall be in control of the time in opposition. SEC. 3. TECHNICAL AMENDMENTS. (a) Heading.--Chapter 8 of title 5, United States Code, is amended by inserting before section 801 the following: ``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''. (b) Table of Sections.--The table of sections for chapter 8 of title 5, United States Code, is amended by inserting before the reference to section 801 the following: ``subchapter i--discretionary congressional review'' and by inserting after the reference to section 808 the following: ``subchapter ii--mandatory review of certain rules ``815. Rules subject to mandatory Congressional review. ``816. Agency submission. ``817. Approval bill.''.

Taxpayer's Defense Act - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code. Outlines introduction, referral, and consideration procedures for approval of the bill.

Taxpayer's Defense Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Taxpayer Abuse and Harassment Prevention Act of 2007''. (b) Findings.--The Congress finds the following: (1) The integrity of the Federal tax system is integral to the efficient and ongoing functioning of representative democracy. (2) A pillar of exemplary citizenship is compliance with the Federal tax code as it pertains to individual income taxes. (3) Individual taxpayers voluntarily disclose sensitive personal information to the Federal Government with the expectation that such information will be utilized and retained only by qualified, trained, and accountable personnel of the Internal Revenue Service (IRS). (4) Although the IRS has stated that there will be tight restrictions on what information will be released to private collection agencies, the statute places no restrictions on what information may be released to private collection agencies. (5) More than 26 million Americans have, since 1990, been victims of some form of ``identity theft'' through misappropriation and misuse of their personal information. (6) Disclosure of taxpayer information to nongovernmental, third party vendors will increase the risk of wrongful disclosure of taxpayer information that results in higher incidences of ``identity theft''. (7) The IRS has already demonstrated its inability to protect taxpayer data from unauthorized disclosure under existing vendor contracts as documented in an internal report by the Department of Treasury Inspector General for Tax Administration. (8) The IRS Restructuring and Reform Act of 1998 specifically prevents employees or supervisors at the IRS from being evaluated or compensated based on how much they collect in order to prevent incentives for overly aggressive and abusive tactics. (9) The compensation scheme for private tax collection agencies is a recovery fee of up to 25 percent of funds collected that will lead to overzealous and abusive collection tactics against taxpayers. (10) The Congress has previously rejected the use of private tax collection agencies by canceling a pilot program in 1996 due to violations by private collection agencies of the Fair Debt Collection Practices Act, inadequate protection of sensitive taxpayer information, and a loss of approximately $17 million during the pilot program. (11) A 2002 report by the IRS Commissioner to the IRS Oversight Board identified an additional $30 billion in taxes owed that could be collected annually by increased funding for IRS personnel. A $9 billion annual increase in revenue could be achieved by earmarking approximately $300 million to specific IRS collection functions, for a return of $30 for every $1 spent. (12) Due to the vagaries of the budget scoring process, additional funds collected by IRS personnel do not ``score'' as increased revenues. (13) The use of private collection agencies was deemed a ``new tool'' to the IRS Commissioner that resulted in increased revenue being ``scored'' to the Federal Government when such activity would actually result in increased cost to taxpayers. (14) Members of the House of Representatives were not afforded the opportunity to specifically vote on this significant policy change during consideration of H.R. 4520, the American Jobs Creation Act of 2004, in the 108th Congress. SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION CONTRACTS. (a) In General.--Subchapter A of chapter 64 of the Internal Revenue Code of 1986 (relating to collection) is amended by striking section 6306. (b) Conforming Amendments.-- (1) Subchapter B of chapter 64 of such Code is amended by striking section 7433A. (2) Section 7809(a) of such Code is amended by striking ``6306,''. (3) Section 7811 of such Code is amended by striking subsection (g). (4) Section 1203 of the Internal Revenue Service Restructuring Act of 1998 is amended by striking subsection (e). (5) The table of sections of subchapter A of chapter 64 of such Code is amended by striking the item relating to section 6306. (6) The table of sections of subchapter B of chapter 64 of such Code is amended by striking the item relating to section 7433A. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Termination of Reporting Requirement.--The reporting requirement of section 881(e) of the American Jobs Creation Act of 2004 shall not apply after the date of the enactment of this Act.

Taxpayer Abuse and Harassment Prevention Act of 2007 - Amends the Internal Revenue Code to repeal the authority of the Secretary of the Treasury to enter into contracts with private collection agencies to collect unpaid taxes.

To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans of World War II Congressional Gold Medal Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The First Philippine Republic was founded as a result of the Spanish-American War in which Filipino revolutionaries and the United States Armed Forces fought to overthrow Spanish colonial rule. On June 12, 1898, Filipinos declared the Philippines to be an independent and sovereign nation. The Treaty of Paris negotiated between the United States and Spain ignored this declaration of independence, and the United States paid Spain $20,000,000 to cede control of the Philippines to the United States. Filipino nationalists who sought independence rather than a change in colonial rulers clashed with forces of the United States in the Islands. The Philippine-American War, which officially lasted for 3 years from 1899 to 1902, led to the establishment of the United States civil government in the Philippines. (2) In 1901, units of Filipino soldiers who fought for the United States against the nationalist insurrection were formally incorporated into the United States Army as the Philippine Scouts. (3) In 1934, the Philippine Independence Act (Public Law 73-127; 48 Stat. 456) established a timetable for ending colonial rule of the United States. Between 1934 and Philippine independence in 1946, the United States retained sovereignty over Philippine foreign policy and reserved the right to call Filipinos into the service of the United States Armed Forces. (4) On December 21 1935, President of the Philippine Commonwealth, Manuel Quezon, signed the National Defense Act, passed by the Philippine Assembly. General Douglas MacArthur set upon the task of creating an independent army in the Philippines, consisting of a small regular force, the Philippine Constabulary, a police force created during the colonial period of the United States, and reservists. By July 1941, the Philippine army had 130,000 reservists and 6,000 officers. (5) On July 26, 1941, as tensions with Japan rose in the Pacific, President Franklin D. Roosevelt used his authority vested in the Constitution of the United States and the Philippine Independence Act to ``call into service of the United States . . . all of the organized military forces of the Government of the Philippines.'' On July 27th, 1941, in accordance with a War Department directive received a day earlier, the United States Forces in the Far East (USAFFE) was established, and Manila was designated as the command headquarters. Commander of the USAFFE, General Douglas MacArthur, planned to absorb the entire Philippine army into the USAFFE in phases. The first phase, which began on September 1, 1941, included 25,000 men and 4,000 officers. (6) Filipinos who served in the USAFFE included-- (A) the Philippine Scouts, who comprised half of the 22,532 soldiers in the Philippine Department, or United States Army garrison stationed in the Islands at the start of the war; (B) the Philippine Commonwealth Army; (C) the new Philippine Scouts, or Filipinos who volunteered to serve with the United States Army when the United States Armed Forces returned to the island; (D) Filipino civilians who volunteered to serve in the United States Armed Forces in 1945 and 1946, and who became ``attached'' to various units of the United States Army; and (E) the ``Guerrilla Services'' who had fought behind enemy lines throughout the war. (7) Even after hostilities ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded until it was disestablished in 1950. (8) On December 8th, 1941, not even 24 hours after the bombing of Pearl Harbor, Japanese Imperial forces attacked bases of the United States Army in the Philippines. (9) In the spring of 1942, the Japanese 14th Army overran the Bataan Peninsula, and, after a heroic but futile defense, more than 78,000 members of the United States Armed Forces were captured, specifically 66,000 Filipinos and 12,000 service members from the United States. The Japanese transferred the captured soldiers from Bataan to Camp O'Donnell, in what is now known as the infamous Bataan Death March. Forced to march the 70-mile distance in 1 week, without adequate food, water, or medicine, nearly 700 members of the United States Armed Forces and an estimated 6,000 to 10,000 Filipinos perished during the journey. (10) After the fall of the Bataan Peninsula, the Japanese Army turned its sights on Corregidor. The estimated forces in defense of Corregidor totaled 13,000, and were comprised of members of the United States Armed Forces and Filipino troops. Of this number, 800 were killed, 1,000 were wounded, and 11,000 were captured and forced to march through the city of Manila, after which the captured troops were distributed to various POW camps. The rest of the captured troops escaped to organize or join an underground guerrilla army. (11) Even before the fall of Corregidor, Philippine resistance, in the form of guerrilla armies, began to wage warfare on the Japanese invaders. Guerrilla armies, from Northern Luzon to Mindanao-- (A) raided Japanese camps, stealing weapons and supplies; (B) sabotaged and ambushed Japanese troops on the move; and (C) with little weaponry, and severely outmatched in numbers, began to extract victories. (12) Japanese intelligence reports reveal that from the time the Japanese invaded until the return of the United States Armed Forces in the summer of 1944, an estimated 300,000 Filipinos continued to fight against Japanese forces. Filipino resistance against the Japanese was so strong that, in 1942, the Imperial Army formed the Morista Butai, a unit designated to suppress guerrillas. (13) Because Philippine guerrillas worked to restore communication with United States forces in the Pacific, General MacArthur was able to use the guerrillas in advance of a conventional operation and provided the headquarters of General MacArthur with valuable information. Guerrillas captured and transmitted to the headquarters of General MacArthur Japanese naval plans for the Central Pacific, including defense plans for the Mariana Islands. Intelligence derived from guerrillas relating to aircraft, ship, and troop movements allowed for Allied forces to attack Japanese supply lines and guerrillas and even directed United States submarines where to land agents and cargo on the Philippine coast. (14) On December 20, 1941, President Roosevelt signed the Selective Training and Service Amendments Act (Public Law 77- 360; 55 Stat. 844) which, among other things, allowed Filipinos in the United States to enlist in the United States Armed Forces. In February 1942, President Roosevelt issued the Second War Powers Act (Public Law 77-507; 56 Stat. 176), promising a simplified naturalization process for Filipinos who served in the United States Armed Forces. Subsequently, 16,000 Filipinos in California alone decided to enlist. (15) The mobilization of forces included the activation and assumption of command of the First Filipino Infantry Battalion on April 1, 1942, at Camp San Luis Obispo, California. Orders were issued to activate the First Filipino Infantry Regiment and Band at Salinas, California, effective July 13, 1942. The activation of the Second Filipino Infantry Regiment occurred at Fort Ord, California, on November 21, 1942. Nearly 9,000 Filipinos and Filipino Americans fought in the United States Army 1st and 2nd Filipino Infantry Regiments. (16) Soldiers of the 1st and 2nd Infantry Regiments participated in the bloody combat and mop-up operations at New Guinea, Leyte, Samar, Luzon, and the Southern Philippines. In 1943, 800 men were selected from the 1st and 2nd Regiments and shipped to Australia to receive training in intelligence gathering, sabotage, and demolition. Reorganized as part of the 1st Reconnaissance Battalion, this group was sent to the Philippines to coordinate with major guerrilla armies in the Islands. Members of the 1st Regiment were also attached to the United States 6th Army ``Alamo Scouts'', a reconnaissance group that traveled 30 miles behind enemy lines to free Allied prisoners from the Cabanatuan death camp on January 30, 1945. In addition, in 1945, according to the 441st Counter Intelligence Unit of the United States Armed Forces, Philippine guerrillas provided ``very important information and sketches of enemy positions and installations'' for the liberation of the Santo Tomas prisoner of war camp, an event that made front page news across the United States. (17) In March 1944, members of the 2nd Filipino Infantry Regiment were selected for special assignments, including intelligence missions, and reorganized as the 2nd Filipino Infantry Battalion (Separate). The 2nd Filipino Infantry Battalion contributed to mop-up operations as a civil affairs unit. (18) Filipinos participated in the war out of national pride, as well as out of a commitment to the Allied forces struggle against fascism. 57,000 Filipinos in uniform died in the war effort. Estimates of civilian deaths range from 700,000 to upwards of 1,000,000, or between 4.38 to 6.25 percent of the prewar population of 16,000,000. (19) Because Filipinos who served in the Commonwealth Army of the Philippines were originally considered a part of the Allied struggle, the military order issued by President Roosevelt on July 26, 1941, stated that Filipinos who served in the Commonwealth Army of the Philippines were entitled to full veterans benefits. The guarantee to pay back the service of Filipinos through veterans benefits was reversed by the Rescission Acts of 1946 (Public Laws 79-301 and 79-391; 60 Stat. 6 and 60 Stat. 221), which deemed that the wartime service of the Commonwealth Army of the Philippines and the new Philippine Scouts was not considered active and, therefore, did not qualify for benefits. (20) The loyal and valiant Filipino Veterans of World War II fought, suffered, and, in many instances, died in the same manner and under the same commander as other members of the United States Armed Forces during World War II. (21) The Filipino Veterans of World War II who have fought alongside, and as an integral part of, the United States Armed Forces. The Philippines remained a territory of the United States for the duration of the war and, accordingly, the United States maintained sovereignty over Philippine foreign relations, including Philippine laws enacted by the Philippine Government. Filipinos who fought in the Philippines were not only defending or fighting for the Philippines, but also defending and ultimately liberating sovereign territory held by the United States Government. (22) The United States remains forever indebted to the bravery, valor, and dedication that the Filipino Veterans of World War II displayed. Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 3. DEFINITIONS. In this Act-- (a) the term ``Filipino Veterans of World War II'' includes any individual who served-- (1) honorably at any time during the period beginning on July 26, 1941, and ending on December 31, 1946; (2) in an active-duty status under the command of the United States Armed Forces in the Far East; and (3)(A) within the Philippine Commonwealth Army, the Philippine Scouts, the Philippine Constabulary, Recognized Guerrilla units, the New Philippine Scouts, the First Filipino Infantry Regiment, the Second Filipino Infantry Battalion (Separate), or the First Reconnaissance Battalion; or (B) commanding or serving in a unit described in paragraph (3)(A) as a United States military officer or enlisted soldier; and (b) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the Filipino Veterans of World War II in recognition of the dedicated service of the veterans during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), 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 in honor of the Filipino Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where it will be available for display 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 elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. (d) Duplicate Medals.-- (1) In general.--Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. (2) Sale of duplicate medals.--The amounts received from the sale of duplicate medals under paragraph (1) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. 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.

Filipino Veterans of World War II Congressional Gold Medal Act of 2015 Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single Congressional Gold Medal to the Filipino Veterans of World War II in recognition of their dedicated service during World War II. Requires that the medal, following its award, be given to the Smithsonian Institution where it will be available for research and for display at other appropriate locations associated with such veterans.

Filipino Veterans of World War II Congressional Gold Medal Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Improvement Act of 2009''. SEC. 2. DEFINITIONS. Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-- (1) in paragraph (25) by striking the words ``means the degree of interaction allowed between juvenile offenders in a secure custody status and incarcerated adults under section 31303(d)(1)(i) of title 28, Code of Federal Regulations, as in effect on December 10, 1996.'' and inserting ``includes any sight or sound interaction between a youth under 18 in a secure custody status with an adult inmate.'', (2) by amending paragraph (26) to read as follows: ``(26) the term `adult inmate' means an individual who-- ``(A) has reached the age of full criminal responsibility under applicable State law; and ``(B) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; excluding individuals who are-- ``(i) at the time of the offense, younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and ``(ii) committed to the care and custody of a juvenile correctional facility by a court of competent jurisdiction or by operation of applicable State law.'', (3) in paragraph (28) by striking ``; and'' at the end, (4) in paragraph (29) by striking the period at the end and inserting a semicolon, and (5) by adding at the end the following: ``(30) the term `restraint' means a chemical or medical agent, physical force technique, or mechanical device that restricts the movement of juveniles held in the custody of State or local secure detention or corrections facilities and youth participating in court-ordered delinquency prevention and juvenile justice programs; ``(31) the term `chemical agent' means a spray used to temporarily incapacitate a person, such as oleoresin capsicum spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas); ``(32) the term `isolation' means any instance when a youth is confined alone for more than 15 minutes in a locked or unlocked room and includes instances when a resident is confined for cause or punishment in a room or cell in which he or she usually sleeps, but does not include confinement in a large dormitory with other youth, protective isolation (for injured youths or youths whose safety is threatened), program separation, routine isolation at the time of the youth's admission, or isolation that is requested by the youth or any medical room confinement; ``(33) the term `room time' means any instance in which a youth is confined alone for more than 15 minutes, and includes confinement alone at the time of the youth's admission as well as protective isolation and program separation, administrative reasons, investigation purposes, low staffing and other reasons, but does not include time when a youth asks to go to his room or confinement for medical reasons; ``(34) the term `evidence based' means a program that is demonstrated with relative evidence, normed and validated for a diverse population, to be either-- ``(A) exemplary, such that it is implemented with a high degree of fidelity and demonstrates robust empirical findings using a reputable conceptual framework and an experimental evaluation design of the highest quality (a random assignment control trial); or ``(B) effective, such that it is implemented with sufficient fidelity that it demonstrates adequate empirical findings using a sound conceptual framework and a quasi-experimental evaluation design of high quality (comparison group without random assignment control group); ``(35) the term `promising' means a program that demonstrates effectiveness using reasonable, limited findings, and that has underway a more appropriate evaluation that meets the criteria set forth in paragraph (33)(A) for determining evidence-based programs; and ``(36) the term `dangerous practice' means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, and it includes the use of chemical agents; choking; blows to the head; twisting body parts against joints or other techniques that rely on infliction of pain to secure compliance; restraint to fixed objects; restraint in any manner that creates risk of asphyxiation; use of belly belts or chains on pregnant girls; use of four-point or five-point restraints, straightjackets or restraint chairs, except for medical or mental health purposes specifically related to the safety of the youth, and under the direct supervision of medical or mental health personnel, use of psychotropic medication without adherence to professional standards regarding dosage, or for purposes of coercion, punishment, or convenience of staff; and use of physical force, chemical agents, or mechanical restraints for purposes of coercion, retaliation, punishment, or convenience of staff; and prolonged, forced physical exercise.''. SEC. 3. STATE PLAN. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) in paragraph (8) by striking ``existing'' and inserting ``proven effective'', (2) in paragraph (9)(L)(i) by striking ``restraints'' and inserting ``requirements'', (3) in paragraph (27) by striking ``and'' at the end, (4) in paragraph (28) by striking the period at the end and inserting a semicolon, and (5) by adding at the end the following: ``(29) require that not later than 3 years after the date of enactment of this paragraph and except when under the circumstances outlined in paragraph (13), youth under the age of 18 awaiting trial or other legal process who are treated as adults for purposes of prosecution in criminal court and housed in a secure facility-- ``(A) shall not have contact with adult inmates; and ``(B) shall not be held in jail or lockup for adults; ``(30) provide that the State will-- ``(A) develop policies and procedures to eliminate the State-supported use of dangerous practices, unnecessary isolation, unnecessary room time, and unreasonable restraint with juveniles in the custody of State or local secure detention and correctional facilities and residential treatment centers and provide for data collection and reporting on the use of restraints, isolation, and room time in secure detention and correctional facilities; ``(B) increase the State's efforts to operate facilities and programs that are safe for youth and staff, through effective behavior management systems that clearly communicate incentives and sanctions to increase appropriate behavior and decrease inappropriate behavior, and which are implemented through a continuum of responses that begin with verbal de-escalation and that only allow for use of the most punitive responses as a last resort; ``(C) increase the State's efforts to provide training for facility staff on effective techniques for effective behavior management, de-escalation and crisis intervention, adolescent development, safe physical control techniques, developmental disabilities, mental health disorders, and cultural competence; ``(D) increase the State's efforts to develop engaging, effective programming, and establish safe staffing levels in secure detention and correctional facilities; and ``(E) provide for a system of independent monitoring for all juvenile detention and correctional facilities in the State to identify and address dangerous practices, unnecessary uses of isolation and room time, and unreasonable restraint, as well as deficiencies in provision of education, medical care, mental health care, and other conditions of confinement; and ``(31) provide reasonable assurance the Federal funds made available under this part for any period will not be used for dangerous practices with juveniles in the custody of State or local secure detention and correctional facilities.''. SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION. Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended by adding at the end the following: ``(e) Incentive Grants.-- ``(1) Incentive grants funds.--The Administrator shall make grants totaling at least 5 percent of the funds appropriated for this part in each fiscal year as incentive grants to States. The Administrator shall make such incentive grants consistent with the provisions of subsection (a), and shall condition such grants upon-- ``(A) the State's support for evidence-based or promising programs, prioritizing programs that address the mental health treatment needs of juveniles; ``(B) the State's support of reforms that reduce or eliminate the State-supported use of dangerous practices; ``(C) the State's support for reforms that ensure that seclusion in secure detention or correctional facilities is limited to situations in which seclusion is the least restrictive measure sufficient to address a youth's danger to self or others, used only for the amount of time necessary and is terminated when there is no longer an immediate danger to the youth or others, or imposed only after applicable due process; and ``(D) the demonstration by the State of an improvement of public safety and rehabilitation of delinquent and at-risk youths. ``(2) The State shall make the demonstration required by paragraph (1)(D) by using accurate and reliable data reported annually showing both-- ``(A) a reduction in either recidivism or offenses by youths under age 18, using arrest data; and ``(B) either-- ``(i) an increase in the use of least restrictive placement for juveniles as appropriate for community safety; ``(ii) an increase in the safety of youths in the delinquency or criminal justice system; or ``(iii) a decrease in racial and ethnic disparities in the delinquency system.''. SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS. Section 223(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended-- (1) by striking ``shall'', and (2) by amending subparagraph (A) to read as follows: ``(A) juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult, excluding juveniles who are charged with or who have committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law, shall not be placed in secure detention facilities or secure correctional facilities; and''.

Juvenile Justice Improvement Act of 2009 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, monitor for and eliminate the use of dangerous practices, unnecessary isolation, unnecessary room time, and unreasonable restraint for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities.

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes.

SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER COMPANIES PERMITTED. (a) In General.--Section 1504(b) of the Internal Revenue Code of 1986 (defining includible corporation) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. (b) Conforming Amendments.-- (1) Section 1503 of the Internal Revenue Code of 1986 is amended by striking subsection (c) (relating to special rule for application of certain losses against income of insurance companies taxed under section 801) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Section 1504 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (3) Section 243(b)(2)(A) of such Code is amended by striking ``sections 1504(b)(2), 1504(b)(4), and 1504(c)'' and inserting ``section 1504(b)(3)''. (4) Section 805(a)(4)(E) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (5) Section 818(e)(1) of such Code is amended to read as follows: ``(1) Items of companies other than insurance companies.-- If an affiliated group includes members which are and which are not life insurance companies, all items of the members of such group which are not life insurance companies shall not be taken into account in determining the amount of the tentative LICTI of members of such group which are life insurance companies.''. (6) Section 832(b)(5)(D)(ii)(II) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (7) Section 864(e)(5)(A) of such Code is amended by striking ``paragraph (4)'' and inserting ``paragraph (3)''. (8) Section 936(i)(5)(A) of such Code is amended by striking ``section 1504(b)(3) or (4)'' and inserting ``section 1504(b)(2) or (3)''. (9) Section 952(c)(1)(B)(vii)(II) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (10) Section 953(d)(3) of such Code is amended by striking ``1503(d)'' and inserting ``1503(c)''. (11) Section 954(h)(4)(F)(ii) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (12) Section 6166(b)(10)(B)(ii)(V) of such Code is amended by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 2. PHASE-IN OF APPLICATION OF CERTAIN LOSSES AGAINST INCOME OF INSURANCE COMPANIES. (a) Phase-in.-- (1) In general.--For taxable years beginning after December 31, 2003, and before January 1, 2010, if-- (A) an affiliated group includes 1 or more domestic insurance companies subject to tax under section 801 of the Internal Revenue Code of 1986, (B) the common parent of such group has not elected under subsection (b) to treat all such insurance companies as corporations which are not includible corporations, and (C) the consolidated taxable income of the members of the group not taxed under such section 801 results in a consolidated net operating loss for such taxable year, then, under regulations prescribed by the Secretary of the Treasury or his delegate, the amount of such loss which cannot be absorbed in the applicable carryback periods against the taxable income of such members not taxed under such section 801 shall be taken into account in determining the consolidated taxable income of the affiliated group for such taxable year to the extent of the applicable percentage of such loss or the applicable percentage of the taxable income of the members taxed under such section 801, whichever is less. The unused portion of such loss shall be available as a carryover, subject to the same limitations (applicable to the sum of the loss for the carryover year and the loss (or losses) carried over to such year), in applicable carryover years. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: The applicable For taxable years beginning in: percentage is: 2004................................................... 40 2005................................................... 50 2006................................................... 60 2007................................................... 70 2008................................................... 80 2009................................................... 90. (b) Election for Pre-2010 Years of Groups With Insurance Companies.--For taxable years beginning after December 31, 2003, and before January 1, 2010, the common parent of an affiliated group (determined without regard to section 1504(b)(2) of the Internal Revenue Code of 1986 as in effect on the day before the date of enactment of this Act) which includes 1 or more domestic insurance companies subject to tax under section 801 of such Code may elect to treat all such insurance companies as corporations which are not includible corporations within the meaning of subsection (b) of section 1504 of such Code, if, as of the date of enactment of this section-- (1) such affiliated group included 1 or more insurance companies subject to tax under section 801 of such Code, and (2) no additional election was in effect under section 1504(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act). (c) No Carryback Before January 1, 2004.--To the extent that a consolidated net operating loss is allowed or increased by reason of this section or the amendments made by this Act, such loss may not be carried back to a taxable year beginning before January 1, 2004. (d) Nontermination of Group.--No affiliated group shall terminate solely as a result of this section or the amendments made by this Act. (e) Subsidiary Stock Basis Adjustments.--A member corporation's basis in the stock of a subsidiary corporation shall be adjusted upon consolidation to reflect the preconsolidation income, gain, deduction, loss, distributions, and other relevant amounts during a period when such corporations were members of an affiliated group (determined without regard to section 1504(b)(2) of the Internal Revenue Code of 1986 as in effect on the day before the date of enactment of this Act) but were not included in a consolidated return of such group by operation of section 1504(c)(2)(A) of such Code (as in effect on the day before the date of the enactment of this Act) or by reason of the election allowed under subsection (b). (f) Waiver of 5-Year Waiting Period.--An automatic waiver from the 5-year waiting period for reconsolidation provided in section 1504(a)(3) of the Internal Revenue Code of 1986 shall be granted to any corporation which was previously an includible corporation but was subsequently deemed a nonincludible corporation as a result of becoming a subsidiary of a corporation which was not an includible corporation solely by operation of section 1504(c)(2) of such Code (as in effect on the day before the date of enactment of this Act), subject to such conditions as the Secretary may prescribe.

Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.) Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company.

A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies.

SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. (a) Credit to Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 35. (b) Technical Amendments.-- (1) Section 36 of such Code is redesignated as section 37. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 36. (3) Paragraph (1) of section 36(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (5) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (6) Section 221(e) of such Code is amended-- (A) in paragraph (2)(B), by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)'' and by striking ``section 25A(f)(2)'' and inserting ``section 36(f)(2)'', and (B) in paragraph (3), by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (7) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 36(b)(3)''. (8) Subparagraph (A) of section 530(b)(2) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (9) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 36(g)(2)''. (10) Subsection (e) of section 6050S of such Code is amended by striking ``section 25A'' and inserting ``section 36''. (11) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 36(g)(1)''. (12) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (13) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting before such item the following new item: ``Sec. 36. Hope and Lifetime Learning credits.''. (14) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (c) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS COLLATERAL FOR SHORT-TERM STUDENT LOANS. (a) In General.--Section 36 of the Internal Revenue Code of 1986 (as redesignated by section 1) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new section: ``(i) Tuition Tax Credit Assignment Loans.-- ``(1) In general.--Any eligible educational institution may provide to a taxpayer described in paragraph (3) a tuition tax credit assignment loan. ``(2) Tuition tax credit assignment loan.--For purposes of this subsection, the term `tuition tax credit assignment loan' means a loan provided to the taxpayer by the eligible educational institution in return for which the taxpayer agrees to authorize the Internal Revenue Service to disburse the loan amount directly to the lender out of the next refund due to the taxpayer that is attributable to a credit under this section. ``(3) Taxpayers eligible for loan.--A taxpayer is eligible for a loan under this subsection if the taxpayer is either-- ``(A) an eligible student for whom a Hope Scholarship Credit under subsection (a)(1) is allowed, or ``(B) a taxpayer for whom a Lifetime Learning Credit is allowed. ``(4) Maximum amount of loan.--The amount of a loan provided under this subsection may not exceed-- ``(A) $1,000, or ``(B) in the case of a first-year or second-year student, $1,500. ``(5) Loan origination fee may be charged.--An eligible educational institution providing a tuition tax credit assignment loan may charge the taxpayer a loan origination fee of up to 5 percent of the loan amount, but may not charge interest on the loan amount. ``(6) 3-year time limit on use of credit refund as collateral.--If a taxpayer who has obtained a tuition tax credit assignment loan has not received a refund attributable to a credit under this section within three years after receiving the loan, then the loan will become due and payable in accordance with the terms of the loan agreement.''. (b) Effective Date.--The amendment made by this section shall apply with respect to credits claimed in taxable years beginning after December 31, 2005.

Amends the Internal Revenue Code to: (1) make the Hope Scholarship and Lifetime Learning tax credits refundable; and (2) allow students to use future refunds of tax credit amounts to secure student loans of up to $1,000 ($1,500 for first or second-year students).

To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Law Enforcement Hate Crimes Prevention Act of 2009''. SEC. 2. DEFINITION OF HATE CRIME. In this Act-- (1) the term ``crime of violence'' has the meaning given that term in section 16, title 18, United States Code; (2) the term ``hate crime'' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and (3) the term ``local'' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State. SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS. (a) Assistance Other Than Financial Assistance.-- (1) In general.--At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2) Priority.--In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants.-- (1) In general.--The Attorney General may award grants to State, local, and Tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of justice programs.--In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application.-- (A) In general.--Each State, local, or Tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission.--Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements.--A State, local, or Tribal law enforcement agency applying for a grant under this subsection shall-- (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, or Tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental violence recovery service programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline.--An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application. (5) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6) Report.--Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011. SEC. 4. GRANT PROGRAM. (a) Authority To Award Grants.--The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012, such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act. SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Hate crime acts ``(a) In General.-- ``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) death results from the offense; or ``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.-- ``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerouse weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) death results from the offense; or ``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(I) across a State line or national border; or ``(II) using a channel, facility, or instrumentality of interstate or foreign commerce; ``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ``(iv) the conduct described in subparagraph (A)-- ``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or ``(II) otherwise affects interstate or foreign commerce. ``(3) Additional federal nexus for offense.--Whoever, in the special maritime or territorial jurisdiction of the United States, or in Indian country, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as those provided for offenses under those paragraphs. ``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction; ``(B) the State has requested that the Federal Government assume jurisdiction; ``(C) the State does not object to the Federal Government assuming jurisdiction; or ``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. ``(c) Definitions.-- ``(1) In this section-- ``(A) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title; ``(B) the term `firearm' has the meaning given such term in section 921(a) of this title; and ``(C) the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``(2) For the purposes of this chapter, the term `gender identity' means actual or perceived gender-related characteristics. ``(d) Statute of Limitations.-- ``(1) Offenses not resulting in death.--Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. ``(2) Death resulting offenses.--An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation. ``(e) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''. (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: ``249. Hate crime acts.''. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution. Passed the House of Representatives April 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Local Law Enforcement Hate Crimes Prevention Act of 2009 - (Sec. 2) Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person). (Sec. 3) Authorizes the Attorney General, at the request of a state, local, or tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of a violent crime, a hate crime, or a crime that constitutes a felony under state, local, or tribal law. Directs the Attorney General, in providing such assistance, to give priority to cases involving crimes committed in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to state, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Office of Justice Programs of the Department of Justice (DOJ) to work with grantees to address the needs and concerns of all affected parties in implementing grants. Sets forth requirements governing the submission and approval of grant applications. Limits the amount of any grant to $100,000 for any single jurisdiction in any one-year period. Requires the Attorney General to: (1) approve or deny a grant application within 180 days after receipt of such application; and (2) report to Congress by December 31, 2011, on the grant program. Authorizes appropriations for FY2010-FY2011. (Sec. 4) Authorizes the Office of Justice Programs to award grants to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 5) Authorizes appropriations for FY2010-FY2012 to increase DOJ personnel to assist state, local, and tribal law enforcement agencies in combating hate crimes. (Sec. 6) Amends the federal criminal code to prohibit willfully causing bodily injury to any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Imposes a fine and/or prison term of up to 10 years for violations and a life term if a death results from a violation or certain other violent crimes are involved. Requires the Attorney General or other designated DOJ official to certify certain findings before initiating a prosecution for a hate crime. Sets a seven-year statute of limitations on prosecuting such an offense not resulting in death. Prohibits the admission of evidence as substantive evidence in a hate crime prosecution of the expression or associations of a defendant unless the evidence specifically relates to the hate crime offense. (Sec. 7) Provides that any provision of this Act that is held to be unconstitutional shall be severable from the remaining provisions of this Act. (Sec. 8) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Dispute Resolution and Settlement Encouragement Act''. SEC. 2. ARBITRATION IN DISTRICT COURTS. (a) Authorization of Appropriations.--Section 905 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking ``for each of the fiscal years 1994 through 1997''. (b) Arbitration To Be Ordered in All District Courts.-- (1) Authorization of arbitration.--Section 651(a) of title 28, United States Code, is amended to read as follows: ``(a) Authority.--Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.''. (2) Actions referred to arbitration.--Section 652(a) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by striking ``and section 901(c)'' and all that follows through ``651'' and inserting ``a district court''; and (ii) in subparagraph (B) by striking ``$100,000'' and inserting ``$150,000''; and (B) in paragraph (2) by striking ``$100,000'' and inserting ``$150,000''. (3) Certification of arbitrators.--Section 656(a) of title 28, United States Code, is amended by striking ``listed in section 658''. (4) Removal of limitation.--Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. (c) Conforming Amendment.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note) is amended by striking subsection (c). SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e)(1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. ``(2) If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. ``(3) The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. ``(4) At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. ``(5) If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued (exclusive of costs, expenses, and attorneys' fees incurred after judgment or trial) in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. ``(6) If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. ``(7) Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed-- ``(A) the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims; or ``(B) if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. ``(8) This subsection does not apply to any claim seeking an equitable remedy.''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Section 2.--The amendments made by section 2 shall take effect on the date of the enactment of this Act. (b) Section 3.-- (1) In general.--Subject to paragraph (2), the amendment made by section 3 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. (2) Application of amendment.--The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1).

Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated. Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation.

Alternative Dispute Resolution and Settlement Encouragement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment Enforcement Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) As the Congress and the Supreme Court of the United States have recognized, the Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families. (4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens. (6) Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District. (7) Legislation is required to correct the District of Columbia's law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS. Section 4 of the Act entitled ``An Act to prohibit the killing of wild birds and wild animals in the District of Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is amended by adding at the end the following: ``Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.''. SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. (a) In General.--Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows: ``(10) `Machine gun' means any firearm which shoots, is designed to shoot, or readily restored to shoot automatically, more than 1 shot without manual reloading by a single function of the trigger, and includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.''. (b) Conforming Amendment to Provisions Setting Forth Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22-4501(c), D.C. Official Code) is amended to read as follows: ``(c) `Machine gun', as used in this Act, has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975.''. SEC. 5. REPEAL REGISTRATION REQUIREMENT. (a) Repeal of Requirement.-- (1) In general.--Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) is amended by striking ``any firearm, unless'' and all that follows through paragraph (3) and inserting the following: ``any firearm described in subsection (c).''. (2) Description of firearms remaining illegal.--Section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection: ``(c) A firearm described in this subsection is any of the following: ``(1) A sawed-off shotgun. ``(2) A machine gun. ``(3) A short-barreled rifle.''. (3) Conforming amendment.--The heading of section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by striking ``Registration requirements'' and inserting ``Firearm Possession''. (b) Conforming Amendments to Firearms Control Regulations Act.--The Firearms Control Regulations Act of 1975 is amended as follows: (1) Sections 202 through 211 (secs. 7-2502.02 through 7- 2502.11, D.C. Official Code) are repealed. (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is amended by striking paragraph (13). (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``the District;'' and all that follows and inserting the following: ``the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.''; and (B) in subsection (b), by striking ``which are unregisterable under section 202'' and inserting ``which are prohibited under section 201''. (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``Any person eligible to register a firearm'' and all that follows through ``such business,'' and inserting the following: ``Any person not otherwise prohibited from possessing or receiving a firearm under Federal or District law, or from being licensed under section 923 of title 18, United States Code,''; and (B) in subsection (b), by amending paragraph (1) to read as follows: ``(1) The applicant's name;''. (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) is amended by striking ``registration certificate'' and inserting ``dealer's license''. (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official Code) is amended-- (A) in subparagraph (B)(i), by striking ``registration certificate number (if any) of the firearm,''; (B) in subparagraph (B)(iv), by striking ``holding the registration certificate'' and inserting ``from whom it was received for repair''; (C) in subparagraph (C)(i), by striking ``and registration certificate number (if any) of the firearm''; (D) in subparagraph (C)(ii), by striking ``registration certificate number or''; and (E) by striking subparagraphs (D) and (E). (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) is amended to read as follows: ``(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer's license, the licensee or application shall-- ``(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and ``(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.''. (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) is amended by striking ``would not be eligible'' and all that follows and inserting ``is prohibited from possessing or receiving a firearm under Federal or District law.''. (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.''; (B) by amending subsection (c) to read as follows: ``(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.''; (C) in subsection (d), by striking paragraphs (2) and (3); and (D) by striking subsection (e). (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``any registration certificate or'' and inserting ``a''; and (B) in subsection (b), by striking ``registration certificate,''. (c) Other Conforming Amendments.--Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7- 2531.01(2)(4), D.C. Official Code) is amended-- (1) in subparagraph (A), by striking ``or ignoring proof of the purchaser's residence in the District of Columbia''; and (2) in subparagraph (B), by striking ``registration and''. SEC. 6. REPEAL HANDGUN AMMUNITION BAN. Section 601(3) of the Firearms Control Regulations Act of 1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by striking ``is the holder of the valid registration certificate for'' and inserting ``owns''. SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code) is repealed. SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS. (a) In General.--Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended-- (1) by striking ``that:'' and all that follows through ``(1) A'' and inserting ``that a''; and (2) by striking paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S DWELLING OR OTHER PREMISES. Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22- 4504(a), D.C. Official Code) is amended-- (1) in the matter before paragraph (1), by striking ``a pistol,'' and inserting the following: ``except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a pistol,''; and (2) by striking ``except that:'' and all that follows through ``(2) If the violation'' and inserting ``except that if the violation''. SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS. Section 922 of title 18, United States Code, is amended in paragraph (b)(3) by inserting after ``other than a State in which the licensee's place of business is located'' the following: ``, or to the sale or delivery of a handgun to a resident of the District of Columbia by a licensee whose place of business is located in Maryland or Virginia,''.

Second Amendment Enforcement Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" as any firearm which shoots, is designed to shoot, or is readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Amends FCRA to allow an individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same guage or caliber as such ammunition. Eliminates criminal penalties for possessing an unregistered firearm. Amends federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a District resident if such individual is licensed in Maryland or Virginia to do so.

To restore Second Amendment rights in the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Gallatin Range Consolidation and Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) the lands north of Yellowstone National Park possess outstanding natural characteristics and wildlife habitats that give the lands high value as lands added to the National Forest System; and (2) it is in the interest of the United States for the Secretary, acting through the Forest Service, to enter into an option agreement with Big Sky Lumber Company and Louisiana Pacific Corporation to fulfill the purposes of this Act. SEC. 3. BIG SKY LUMBER LAND EXCHANGE--GALLATIN AREA. (a) In General.--Notwithstanding any other provision of law, the Secretary of Agriculture (referred to in this Act as the ``Secretary'', unless the context otherwise requires) shall acquire by exchange certain lands and interests in lands of the Big Sky Lumber Company (referred to in this Act as the ``Company''), in and adjacent to the Hyalite- Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest in accordance with this section. (b) Description of Lands.-- (1) Offer and acceptance of land.--If the Company offers to the United States acceptable fee title, including mineral interests, to approximately 37,752 acres of land owned by the Company and available for exchange, as depicted on two maps entitled ``Proposed BSL Land Acquisitions'', East Half and West Half Gallatin National Forest, dated February 1993 the Secretary shall accept a warranty deed to the land. (2) Exchange.--In exchange for the lands described in paragraph (1) and subject to valid existing rights, the Secretary of the Interior shall convey, by patent, the fee title to approximately 16,278 acres of National Forest System lands available for exchange as depicted on the maps referred to in paragraph (1), and the five maps entitled ``H.R. 873, the Gallatin Range Consolidation and Protection Act of 1993'', Lolo and Flathead National Forest, subject to-- (A) the reservation of ditches and canals required by the first section of the Act entitled ``An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes'', approved August 30, 1890 (26 Stat. 371, chapter 837; 43 U.S.C. 945); (B) the reservation of rights under Federal Oil and Gas Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736, and 38684; and (C) such other terms, conditions, reservations, and exceptions as may be agreed upon by the Secretary and the Company. (3) Termination of leases.-- (A) Vesting of rights and interests.--Upon termination or relinquishment of the leases referred to in paragraph (2)(B), all the rights and interests in such leases reserved under paragraph (2)(B) shall immediately vest in the Company and its successors and assigns. (B) Notice.--The Secretary shall provide notice of the termination or relinquishment of the leases referred to in paragraph (2)(B) by a document suitable for recording in the county in which the leased lands are located. (c) Easements.-- (1) In general.--Reciprocal easements in accordance with this subsection shall be conveyed at the time of the exchange authorized by this section. (2) Conveyance by the secretary.--The Secretary shall, in consideration of the easements conveyed by the Company under paragraph (3), and under the authority of section 2 of Public Law 88-257 (commonly known as the ``National Forest Roads and Trails Act'') (16 U.S.C. 533), or the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), execute and deliver to the Company such easements or other rights-of-way over federally owned lands as may be agreed to by the Secretary and the Company. (3) Conveyance by the company.--The Company shall, in consideration of the easements conveyed by the Secretary under paragraph (2), execute and deliver to the United States such easements or other rights-of-way across Company-owned lands included in this exchange as may be agreed to by the Secretary and the Company. (d) North Bridger Range.-- (1) Covenants and other restrictions.--As a condition of the exchange, with respect to such lands depicted on the map entitled ``North Bridger Range'', dated May 1993, the Company shall agree that-- (A) the holders, or their successors or assigns, of grazing leases on such lands on the date of enactment of this Act shall be permitted to continue to use such lands for grazing under terms acceptable to the Company and the permittees for so long as the Company owns such lands and for two years after the Company has sold or disposed of such lands; and (B) the timber harvest practices used on such lands shall be conducted in accordance with Montana Forestry Best Management Practices, the Montana Streamside Zone Management Law (Mont. Code Ann. sec. 77-5-301 et seq.), and all other applicable laws of the State of Montana. (2) Future acquisition.--The Secretary shall consider the desirability of possible acquisition, through exchange under existing law, of any of the lands described in paragraph (1), and shall, not later than one year after the date of enactment of this Act, report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives concerning the desirability of an exchange. (e) Timing of Transaction.-- (1) Determination.--The Secretary shall review the title for the non-Federal lands described in subsection (b), and the appraisal and titles for the non-Federal lands described in sections 4 and 5, and, within sixty days after receipt of all applicable appraisal and title documents from the Company, determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied or the quality of title is otherwise acceptable to the Secretary; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; (D) the appraisals comply with applicable Forest Service standards; and (E) except as provided in section (8)(b), the title includes both the surface and subsurface estates without reservation or exception (except by the United States or the State of Montana, by patent), including-- (i) minerals or mineral rights; (ii) timber or timber rights; and (iii) any other interest in the property. (2) Conveyance of title.--In the event the appraisal and/or quality of title do not meet Federal standards or are otherwise determined unacceptable to the Secretary, the Secretary shall advise the Company regarding corrective actions necessary to make an affirmative determination under paragraph (1). The Secretary, acting through the Chief of the Forest Service, shall effect the conveyance of lands described in subsection (b)(2) not later than sixty days after the Secretary has made an affirmative determination under paragraph (1). (f) Compliance With Option.--Notwithstanding section (3)(e)(2), the Secretary shall not consummate the conveyance of lands described in subsection (b)(2) until the Secretary has determined that title to the lands described in sections 4 and 5 have been escrowed as required by the document entitled ``Option Agreement for the Exchange and/or Purchase of Real Property Pursuant to the Gallatin Range Consolidation and Protection Act of 1993'' (referred to in this Act as ``the Option''), executed by the Company, as seller. (g) References.--References in this Act to the Company shall include references to the successors and assigns of the Company. SEC. 4. LAND CONSOLIDATION--PORCUPINE AREA. (a) Acquisition of Porcupine Property.--The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands listed as ``Exhibit A, Porcupine Area'', in the Option, in accordance with the terms and conditions of the Option for the fair market value of such lands and interests, determined at the time of acquisition, in accordance with the appraisal standards specified in the Option. (b) Reports to Congress.--The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the acquisition authorized by this section. SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA. (a) Acquisition of Taylor Fork Property.--The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands as listed as ``Exhibit A, Taylor Fork Area'', in the Option, in accordance with the terms and conditions of the Option for the fair market value of such lands and interests, determined at the time of acquisition, in accordance with the appraisal standards specified in the Option. (b) Reports to Congress.--The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the pending acquisition authorized by this section. SEC. 6. LAND CONSOLIDATION--GALLATIN ROADED AREA. (a) Acquisition of Gallatin Roaded Property.--The Secretary is authorized and directed to acquire, by purchase or exchange, lands and interests in lands as listed as ``Exhibit A, Gallatin Roaded'', in the Option, in accordance with the terms and conditions of the Option not otherwise acquired, purchased, or exchanged under section 3, 4, or 5. (b) Reports to Congress.--The Secretary shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, on the status of the acquisition authorized by this section. SEC. 7. SEVERED MINERAL EXCHANGE. (a) Findings.--Congress finds that-- (1) underlying certain areas in Montana described in subsection (b) are mineral rights owned by subsidiaries of Burlington Resources, Incorporated and its successors and assigns (referred to in this Act as ``Burlington''); (2) there are federally owned minerals underlying lands of Burlington lying outside those areas; (3) Burlington has agreed in principle with the Secretary to an exchange of mineral rights to consolidate surface and subsurface ownerships and to avoid potential conflicts with the surface management of the areas; and (4) it is desirable that an exchange of lands be completed not later than two years after the date of enactment of this Act. (b) Mineral Interests.-- (1) Acquisition.--Pursuant to an exchange agreement between the Secretary and Burlington, the Secretary may acquire mineral interests owned by Burlington or an affiliate of Burlington underlying surface lands owned by the United States located in the areas depicted on the maps entitled ``Severed Minerals Exchange, Clearwater-Monture Area'', dated September 1988, and ``Severed Mineral Exchanges, Gallatin Area'', dated September 1988, or in fractional sections adjacent to the areas depicted on the maps. (2) Exchange.--In exchange for the mineral interests conveyed to the Secretary pursuant to paragraph (1), the Secretary of the Interior shall convey, subject to valid existing rights, such federally owned mineral interests as the Secretary and Burlington may agree upon. (c) Equal Value.-- (1) In general.--The value of the mineral interests exchanged under subsection (b) shall be approximately equal in value based upon available information. (2) Appraisal.--To ensure that the wilderness or other natural values of the area are not affected by the exchange, a formal appraisal based upon drilling or other surface disturbing activities shall not be required for any mineral interest proposed for exchange, except that the Secretary and Burlington shall fully share all available information on the quality and quantity of mineral interests proposed for exchange. (3) Inadequate information.--In the absence of adequate information regarding values of minerals proposed for exchange, the Secretary and Burlington may agree to an exchange on the basis of mineral interests of similar development potential, geologic character, and similar factors. (d) Identification of Federally Owned Mineral Interests.-- (1) In general.--Subject to paragraph (2), mineral interests conveyed by the United States pursuant to this section shall underlie lands the surface of which are owned by Burlington. (2) Other interests.--If there are not sufficient federally owned mineral interests of approximately equal value underlying lands owned by Burlington, the Secretary and the Secretary of the Interior may identify for exchange other federally owned mineral interests in lands in the State of Montana of which the surface estate is in private ownership. (e) Consultation With the Department of the Interior.-- (1) In general.--The Secretary shall consult with the Secretary of the Interior in the negotiation of the exchange agreement authorized by subsection (b), particularly with respect to the inclusion in the agreement of a provision authorizing the exchange of federally owned mineral interests lying outside the boundaries of units of the National Forest System. (2) Conveyance.--Notwithstanding any other law, the Secretary of the Interior shall convey the federally owned mineral interests identified in a final exchange agreement between the Secretary of Agriculture and Burlington and affiliates of Burlington. (f) Mineral Interest Defined.--For purposes of this section, the term ``mineral interests'' includes all locatable and leasable minerals, including oil and gas, geothermal resources, and other subsurface rights. SEC. 8. GENERAL PROVISIONS. (a) Maps.--The maps referred to in sections 3, 4, 5, 6, and 7 are subject to such minor corrections as may be agreed upon by the Secretary and the Company. The Secretary shall notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives of any corrections made pursuant to the subsection. The maps shall be on file and available for public inspection in the office of Chief, Forest Service, USDA. (b) Title of Lands Conveyed to the United States.-- (1) Quality of title and rights.--Subject to paragraph (2), the rights, title, and interests to lands conveyed to the United States under sections 4, 5, and 6 shall, at a minimum, consist of the surface estate and the subsurface rights owned by the Company or Burlington where applicable. (2) Exception.--The Secretary may accept title subject to outstanding or reserved oil and gas and geothermal rights, except that there shall be no surface occupancy permitted on the lands acquired by the United States under sections 4, 5, and 6 for access to reserved or outstanding rights or exploration or development of such lands. (3) Access.--No portion of lands acquired by the United States under this Act shall be available for access to, or exploration or development of, any reserved or outstanding oil, gas, geothermal, or other non-Federal property interest. (c) National Forest Lands.-- (1) In general.--All lands conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest of the National Forest System by the Secretary in accordance with the laws and regulations pertaining to the National Forest System. (2) Hyalite-porcupine-buffalo horn wilderness study area.--Lands acquired within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area shall be managed to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System in accordance with the Montana Wilderness Study Act of 1977 (16 U.S.C. 1132 note). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Gallatin Range Consolidation and Protection Act of 1993 - Directs the Secretary of Agriculture to acquire: (1) by exchange from the Big Sky Lumber Company, specified lands and interests north of Yellowstone National Park, including land in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other lands in the Gallatin National Forest; and (2) by purchase or exchange from the Company, lands and interests in the Porcupine Area, the Taylor Fork Area, and the Gallatin Area. Requires the Secretary of the Interior to convey National Forest System lands as part of such exchange. Sets forth conditions for such exchange with respect to leases and easements. Provides for the continuation of grazing on the North Bridger Range lands and requires timber harvest practices on such lands to be in accordance with the laws of the State of Montana. Authorizes the Secretary of Agriculture, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Clearwater-Monture Area and the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior in the negotiation of such exchange. Requires all lands conveyed to the United States under this Act to be added to and administered as part of the Gallatin National Forest. Authorizes appropriations.

Gallatin Range Consolidation and Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospitals Education and Research Act of 1998''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.-- (1) In general.--The Secretary shall make payment under this section to each children's hospital for each hospital cost reporting period beginning after fiscal year 1998 and before fiscal year 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. (2) Capped amount.--The payment to children's hospitals established in this subsection for cost reporting periods ending in a fiscal year is limited to the extent of funds appropriated under subsection (d) for that fiscal year. (3) Pro rata reductions.--If the Secretary determines that the amount of funds appropriated under subsection (d) for cost reporting periods ending in a fiscal year is insufficient to provide the total amount of payments otherwise due for such periods, the Secretary shall reduce the amount payable under this section for such period on a pro rata basis to reflect such shortfall. (b) Amount of Payment.-- (1) In general.--The amount payable under this section to a children's hospital for direct and indirect expenses relating to approved medical residency training programs for a cost reporting period is equal to the sum of-- (A) the product of-- (i) the per resident rate for direct medical education, as determined under paragraph (2), for the cost reporting period; and (ii) the weighted average number of full- time equivalent residents in the hospital's approved medical residency training programs (as determined under section 1886(h)(4) of the Social Security Act) for the cost reporting period; and (B) the product of-- (i) the per resident rate for indirect medical education, as determined under paragraph (3), for the cost reporting period; and (ii) the number of full-time equivalent residents in the hospital's approved medical residency training programs for the cost reporting period. (2) Per resident rate for direct medical education.-- (A) In general.--The per resident rate for direct medical education for a hospital for a cost reporting period ending in or after fiscal year 1999 is the updated rate determined under subparagraph (B), as adjusted for the hospital under subparagraph (C). (B) Computation of updated rate.--The Secretary shall-- (i) compute a base national DME average per resident rate equal to the average of the per resident rates computed under section 1886(h)(2) of the Social Security Act for cost reporting periods ending during fiscal year 1998; and (ii) update such rate by the applicable percentage increase determined under section 1886(b)(3)(B)(i) of such Act for the fiscal year involved. (C) Adjustment for variations in labor-related costs.--The Secretary shall adjust for each hospital the portion of such updated rate that is related to labor and labor-related costs to account for variations in wage costs in the geographic area in which the hospital is located using the factor determined under section 1886(d)(3)(E) of the Social Security Act. (3) Per resident rate for indirect medical education.-- (A) In general.--The per resident rate for indirect medical education for a hospital for a cost reporting period ending in or after fiscal year 1999 is the updated amount determined under subparagraph (B). (B) Computation of updated amount.--The Secretary shall-- (i) determine, for each hospital with a graduate medical education program which is paid under section 1886(d) of the Social Security Act, the amount paid to that hospital pursuant to section 1886(d)(5)(B) of such Act for the equivalent of a full twelve-month cost reporting period ending during the preceding fiscal year and divide such amount by the number of full-time equivalent residents participating in its approved residency programs and used to calculate the amount of payment under such section in that cost reporting period; (ii) take the sum of the amounts determined under clause (i) for all the hospitals described in such clause and divide that sum by the number of hospitals so described; and (iii) update the amount computed under clause (ii) for a hospital by the applicable percentage increase determined under section 1886(b)(3)(B)(i) of such Act for the fiscal year involved. (c) Making of Payments.-- (1) Interim payments.--The Secretary shall estimate, before the beginning of each cost reporting period for a hospital for which a payment may be made under this section, the amount of payment to be made under this section to the hospital for such period and shall make payment of such amount, in 26 equal interim installments during such period. (2) Final payment.--At the end of each such period, the hospital shall submit to the Secretary such information as the Secretary determines to be necessary to determine the final payment amount due under this section for the hospital for the period. Based on such determination, the Secretary shall recoup any overpayments made, or pay any balance due. The final amount so determined shall be considered a final intermediary determination for purposes of applying section 1878 of the Social Security Act and shall be subject to review under that section in the same manner as the amount of payment under section 1886(d) is subject to review under such section. (d) Limitation on Expenditures.-- (1) In general.--Subject to paragraph (2), there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for payments under this section for cost reporting periods beginning in-- (A) fiscal year 1999 $100,000,000; (B) fiscal year 2000, $285,000,000; (C) fiscal year 2001, $285,000,000; and (D) fiscal year 2002, $285,000,000. (2) Carryover of excess.--If the amount of payments under this section for cost reporting periods ending in fiscal year 1999, 2000, or 2001 is less than the amount provided under this subsection for such payments for such periods, then the amount available under this subsection for cost reporting periods ending in the following fiscal year shall be increased by the amount of such difference. (e) Relation to Medicare and Medicaid Payments.--Notwithstanding any other provision of law, payments under this section to a hospital for a cost reporting period-- (1) are in lieu of any amounts otherwise payable to the hospital under section 1886(h) or 1886(d)(5)(B) of the Social Security Act to the hospital for such cost reporting period, but (2) shall not affect the amounts otherwise payable to such hospitals under a State medicaid plan under title XIX of such Act. (f) Definitions.--In this section: (1) Approved medical residency training program.--The term ``approved medical residency training program'' has the meaning given such term in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Children's hospital.--The term ``children's hospital'' means a hospital described in section 1886(d)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). (3) Direct graduate medical education costs.--The term ``direct graduate medical education costs'' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(C)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period between FY 1998 and 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years.

Children's Hospitals Education and Research Act of 1998

TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``National Ocean Exploration Program Act''. SEC. 102. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with existing programs of the agency, including those authorized in title II. SEC. 103. AUTHORITIES. In carrying out the program the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors; (6) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans; (7) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program; and (8) avoid directing the programs towards activities relating to global temperature trends and instead focus on underwater regions of particular scientific interest. SEC. 104. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the U.S. Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration technology to the program; (2) to improve availability of communications infrastructure, including satellite capabilities, to the program; (3) to develop an integrated, workable and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. SEC. 105. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program, are authorized to participate in interagency financing and share, transfer, receive and spend funds appropriated to any Federal participant in the program for the purposes of carrying out any administrative or programmatic project or activity under this section. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this title or title II supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the program-- (1) $30,500,000 for fiscal year 2006; (2) $33,550,000 for fiscal year 2007; (3) $36,905,000 for fiscal year 2008; (4) $40,596,000 for fiscal year 2009; (5) $44,655,000 for fiscal year 2010; (6) $49,121,000 for fiscal year 2011; (7) $54,033,000 for fiscal year 2012; (8) $59,436,000 for fiscal year 2013; (9) $65,379,000 for fiscal year 2014; and (10) $71,917,000 for fiscal year 2015. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``NOAA Undersea Research Program Act of 2005''. SEC. 202. ESTABLISHMENT. The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program. SEC. 203. PURPOSE. The purpose of the program is to increase scientific knowledge essential for the informed management, use and preservation of oceanic, coastal and large lake resources through undersea research, exploration, education and technology development. The program shall be part of National Oceanic and Atmospheric Administration's undersea research, education, and technology development efforts, and also make available the infrastructure and expertise to service the undersea science needs of the academic community. SEC. 204. PROGRAM. The program shall be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. Overall direction of the program will be provided by the program director with advice from the Council of Center directors comprised of the directors of the regional centers and the national technology institute. SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE. The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the national technology institute: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology to support the National Oceanic and Atmospheric Administration's research mission and programs. (3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (4) Development of advanced undersea technology associated with seafloor observatories, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (5) Discovery, study, and development of natural products from ocean and aquatic systems. SEC. 206. COMPETITIVENESS. Except for a small discretionary fund for rapid response activities and for the National Oceanic and Atmospheric Administration-related service projects, for which no more than 10 percent of the program budget shall be set aside, the external projects supported by the regional centers shall be managed using an open and competitive process to evaluate scientific merit, relevance to the National Oceanic and Atmospheric Administration, regional and national research goals, and technical feasibility. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration-- (1) for fiscal year 2006-- (A) $12,500,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,000,000 for the National Technology Institute; (2) for fiscal year 2007-- (A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,500,000 for the National Technology Institute; (3) for fiscal year 2008-- (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,050,000 for the National Technology Institute; (4) for fiscal year 2009-- (A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,655,000 for the National Technology Institute; (5) for fiscal year 2010-- (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $7,321,000 for the National Technology Institute; (6) for fiscal year 2011-- (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,053,000 for the National Technology Institute; (7) for fiscal year 2012-- (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,859,000 for the National Technology Institute; (8) for fiscal year 2013-- (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $9,744,000 for the National Technology Institute; (9) for fiscal year 2014-- (A) $26,795,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $10,718,000 for the National Technology Institute; and (10) for fiscal year 2015-- (A) $29,474,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $11,790,000 for the National Technology Institute. Passed the Senate July 1, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - (Sec. 102) Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing programs of NOAA, including those authorized under the Undersea Research Program. (Sec. 103) Directs the Administrator of NOAA, in carrying out the program, to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment; (2) promote the development of oceanographic research; (3) accept donations for purposes of exploring or increasing knowledge of the oceans; and (4) avoid directing the programs towards activities relating to global warming, and instead focus on underwater regions of particular interest. (Sec. 104) Requires the NOAA to convene an ocean technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite capabilities) to the program; (3) develop a data management information processing system for information obtained under the program; (4) conduct public outreach activities to improve public understanding of ocean science, resources, and processes; and (5) encourage cost-sharing partnerships to assist in transferring exploration technology and technical expertise to the program. (Sec. 105) Authorizes the NOAA, the National Science Foundation, and other federal agencies participating in the program to participate in interagency financing in carrying out program activities. (Sec. 107) Authorizes appropriations for FY2006-FY2015. Title II: Undersea Research Program - NOAA Undersea Research Program Act of 2005 - (Sec. 202) Directs the Administrator of NOAA to establish and maintain an undersea research program. (Sec. 203) Requires the program to: (1) be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute; and (2) increase scientific knowledge for the informed management, use, and preservation of oceanic, coastal, and large lake resources through undersea research, exploration, education, and technology development. (Sec. 207) Authorizes appropriations for FY2006-FY2015.

A bill to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Reduction Through Attrition Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office. (2) Baseline quarter.--The term ``baseline quarter'' means the quarter in which occurs the date of enactment of this Act. (3) Federal employee.--The term ``Federal employee'' means an employee as defined by section 2105 of title 5, United States Code. (4) Quarter.--The term ``quarter'' means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31. (5) Total number of federal employees.--The term ``total number of Federal employees'' means the total number of Federal employees in all agencies. SEC. 3. WORKFORCE LIMITS AND REDUCTIONS. (a) In General.--The President, acting through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter. (b) Applicable Maximum.--For purposes of this Act, the ``applicable maximum'' for a quarter is-- (1) in the case of a quarter before the target-attainment quarter, the number equal to-- (A) the total number of Federal employees determined for the baseline quarter, reduced by (B) \2/3\ of the number of Federal employees separating from agencies during the period-- (i) beginning on the first day following the baseline quarter; and (ii) ending on the last day of the quarter to which the applicable maximum is being applied; and (2) in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2013. (c) Target-Attainment Quarter.--For purposes of this Act, the term ``target-attainment quarter'' means the earlier of-- (1) the first quarter (after the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2013; or (2) the quarter ending on September 30, 2016. (d) Method for Achieving Compliance.-- (1) In general.--Except as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2) Exception.--If, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments. (e) Counting Rules.--For purposes of this Act-- (1) any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made-- (A) on a full-time equivalent basis; and (B) under section 4; and (2) any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f) Waiver Authority.--The President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to-- (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. SEC. 4. REDUCTION IN PROCUREMENT OF SERVICE CONTRACTS. (a) In General.--For each fiscal year beginning with the first fiscal year after the date of enactment of this Act, the President, acting through the Office of Management and Budget and subject to subsection (b), shall take appropriate measures to ensure that there is a reduction in the amount expended for the procurement of service contracts for such fiscal year equal to the reduction in the amount expended for the Federal workforce in the previous fiscal year as a result of the requirements of section 3. (b) Waiver Authority.--The President may waive the requirements under subsection (a) upon a determination that such waiver is necessary due to-- (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. SEC. 5. MONITORING AND NOTIFICATION. The Office of Management and Budget (in consultation with the Office of Personnel Management) shall-- (1) continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and (2) not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. SEC. 6. REGULATIONS. Any regulations necessary to carry out this Act may be prescribed by the President or his designee.

Federal Workforce Reduction Through Attrition Act Requires the Office of Management and Budget (OMB) to ensure that the total number of federal employees in each calendar quarter after the enactment of this Act does not exceed the applicable maximum for such quarter, as determined under this Act. Sets forth a formula for determining the applicable maximum based upon 90% of the total number of federal employees as of September 30, 2013. Requires that compliance with such workforce limitation be made through attrition, or through both attrition and a freeze on appointments if the total number of federal employees exceeds the applicable maximum for a quarter. Requires OMB to: (1) ensure that there is a reduction in the amount expended for the procurement of service contracts for each fiscal year after this Act's enactment equal to the reduction in the amount expended for the federal workforce in the previous fiscal year as a result of the requirements of this Act; and (2) continuously monitor all agencies to determine whether the workforce limitation required by this Act has been met. Allows the President to waive such workforce or service contract limitation if necessary due to: (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property.

Federal Workforce Reduction Through Attrition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Madera Water Supply Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) District.--The term ``District'' means the Madera Irrigation District, Madera, California. (2) Project.--The term ``Project'' means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646- acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year, as substantially described in the California Environmental Quality Act, Final Environmental Impact Report for the Madera Irrigation District Water Supply Enhancement Project, September 2005. (3) Secretary.--The term ``Secretary'' means the Secretary of the United States Department of the Interior. (4) Total cost.--The term ``total cost''means all reasonable costs, such as the planning, design, permitting, and construction of the Project and the acquisition costs of lands used or acquired by the District for the Project. SEC. 3. PROJECT FEASIBILITY. (a) Project Feasible.--Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and no further studies or actions regarding feasibility are necessary. (b) Applicability of Other Laws.--The Secretary shall implement the authority provided in this Act in accordance with all applicable Federal laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460 et seq.). SEC. 4. COOPERATIVE AGREEMENT. All final planning and design and the construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include-- (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. (a) Authorization of Construction.--The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, is authorized to enter into a cooperative agreement through the Bureau of Reclamation with the District for the support of the final design and construction of the Project. (b) Total Cost.--The total cost of the Project for the purposes of determining the Federal cost share shall not exceed $90,000,000. (c) Cost Share.--The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost. Capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (d) Credit for Non-Federal Work.--The District shall receive credit toward the non-Federal share of the cost of the Project for-- (1) in-kind services that the Secretary determines would contribute substantially toward the completion of the project; (2) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, and construction of the Project; and (3) the acquisition costs of lands used or acquired by the District for the Project. (e) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. (f) Plans and Analyses Consistent With Federal Law.--Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. (g) Title; Responsibility; Liability.--Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Project to the United States. (h) Authorization of Appropriation.--There is authorized to be appropriated to the Secretary to carry out this Act $22,500,000 or 25 percent of the total cost of the Project, whichever is less. SEC. 6. SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act.

Madera Water Supply Enhancement Act - Declares that the Madera Water Supply Enhancement Project, California, is feasible and that no further studies or actions regarding feasibility are necessary. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary of the Interior and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits: (1) the total cost of the Project for purposes of determining the federal share; and (2) the federal share of Project capital costs. Considers capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. Requires the District to receive credit toward the nonfederal share for: (1) in-kind services that the Secretary determines would contribute substantially toward completion of the Project; (2) reasonable costs incurred from participation in the planning, design, permitting, and construction of the Project; and (3) the acquisition costs of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Authorizes appropriations. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.

SECTION 1. SHORT TITLE. This title may be cited as the ``Israeli-Palestinian Peace Enhancement Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (7) On April 29, 2003, the Palestinian Legislative Council confirmed in office, by a vote of 51 yeas, 18 nays, and 3 abstentions, the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet. (8) In his remarks prior to the vote of the Palestinian Legislative Council, Mr. Abbas declared: ``The government will concentrate on the question of security . . . The unauthorized possession of weapons, with its direct threat to the security of the population, is a major concern that will be relentlessly addressed . . . There will be no other decision-making authority except for the Palestinian Authority.''. (9) In those remarks, Mr. Abbas further stated: ``We denounce terrorism by any party and in all its forms both because of our religious and moral traditions and because we are convinced that such methods do not lend support to a just cause like ours but rather destroy it.''. (10) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. SEC. 3. PURPOSES. The purposes of this title are-- (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; and (2) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with the State of Israel. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) peace between Israel and the Palestinians cannot be negotiated until the Palestinian system of government has been transformed along the lines outlined in President Bush's June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 1506 of this Act) and have made a lasting and secure peace with Israel; (3) the Palestinian people merit commendation on the confirmation of the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet; (4) the new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (5) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (6) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian- Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338. SEC. 5. RECOGNITION OF A PALESTINIAN STATE. It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that-- (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity-- (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures and the confiscation of unlawful weaponry; (C) has established a new Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education system promotes the acceptance of Israel's existence and of peace with Israel and actively discourages anti-Israel incitement. SEC. 6. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. ``(a) Limitation.-- ``(1) In general.--Notwithstanding any other provision of law, assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 1505(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. ``(2) Waiver.--The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that it is vital to the national interest of the United States to do so. ``(b) Congressional Notification.-- ``(1) In general.--Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(2) Sunset.--Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. ``(c) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that-- ``(1) a binding international peace agreement exists between Israel and the Palestinians that-- ``(A) was freely signed by both parties; ``(B) guarantees both parties' commitment to a border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; ``(C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; and ``(D) includes a renunciation of all remaining Palestinian claims against Israel through provisions that commit both sides to the ``end of the conflict''; and ``(2) the new Palestinian government-- ``(A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; ``(B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; ``(C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; ``(D) is engaging in ongoing and extensive security cooperation with the State of Israel; ``(E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; ``(F) has an elected leadership not compromised by terror; ``(G) is demilitarized; and ``(H) has no alliances or agreements that pose a threat to the security of the State of Israel. ``(d) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(e) Rule of Construction.--A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.''. SEC. 7. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section 1506, is further amended by adding at the end the following new section: ``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. ``(a) Assistance.--The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. ``(b) Activities To Be Supported.--Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. ``(c) Authorization of Appropriations.--Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. ``(d) Coordination of International Assistance.-- ``(1) In general.--Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians to ensure that such commitments to provide assistance are honored in a timely manner, to ensure that there is coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations, to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided, and to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. ``(2) Report.--Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1), including a description of amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.''.

Israeli-Palestinian Peace Enhancement Act of 2003 - Calls for: (1) the Palestinian administration to take security related steps to implement a performance based road map to resolve the Israeli-Palestinian conflict; and (2) the U.S. administration to work toward the two states living in peace within secure and internationally recognized boundaries. Expresses the sense of Congress that a Palestinian state should not be recognized until the President makes specified determinations, including that new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza. Amends the Foreign Assistance Act to allow U.S. assistance to be provided to a Palestinian state only: (1) during the effective period of a presidential certification that a binding international peace agreement exists between Israel and the Palestinians and that the new Palestinian government has been democratically elected, has renounced violence against Israel, has dismantled any group that conducts terrorism against Israel, is demilitarized, and has no agreements that threaten Israel's security; and (2) if the President has provided advance notice to Congress. Authorizes the President to provide assistance to a Palestinian state to support activities to substantially improve the economy and living conditions of the Palestinians. Directs the Secretary of State to seek to convene donors conferences to gain commitments from other countries, multilateral institutions, and non-governmental organizations to provide economic assistance to Palestinians.

A bill to enhance peace between the Israelis and Palestinians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) fiscal pressures will mount as an aging population increases the Government's obligations to provide retirement income and health services; (2) Social Security and Medicare surpluses should be reserved for strengthening and preserving the Social Security trust funds; and (3) preserving Social Security and Medicare surpluses would restore confidence in the long-term financial integrity of Social Security and Medicare. (b) Purpose.--It is the purpose of this Act to prevent the Social Security and Medicare hospital insurance trust funds from being used for any purpose other than providing retirement and health security. SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES. (a) Protection of Social Security and Medicare Surpluses.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``protection for social security and hospital insurance surpluses ``Sec. 316. (a) Protection for Social Security and Hospital Insurance Surpluses.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth a surplus for any fiscal year that is less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year. ``(2) Spending and tax legislation.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(A) the enactment of that bill or resolution, as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause the surplus for any fiscal year covered by the most recently agreed to concurrent resolution on the budget to be less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year. ``(b) Enforcement.-- ``(1) Budgetary levels with respect to concurrent resolutions on the budget.--For purposes of enforcing any point of order under subsection (a)(1), the surplus for any fiscal year shall be-- ``(A) the levels set forth in the later of the concurrent resolution on the budget, as reported, or in the conference report on the concurrent resolution on the budget; and ``(B) adjusted to the maximum extent allowable under all procedures that allow budgetary aggregates to be adjusted for legislation that would cause a decrease in the surplus for any fiscal year covered by the concurrent resolution on the budget (other than procedures described in paragraph (2)(B)). ``(2) Current levels with respect to spending and tax legislation.--For purposes of enforcing subsection (a)(2), the current levels of the surplus for any fiscal year shall be-- ``(A) calculated using the following assumptions-- ``(i) direct spending and revenue levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(ii) for the budget year, discretionary spending levels at current law levels and, for outyears, discretionary spending levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(B) adjusted for changes in the surplus levels set forth in the most recently agreed to concurrent resolution on the budget pursuant to procedures in such resolution that authorize adjustments in budgetary aggregates for updated economic and technical assumptions in the mid-session report of the Director of the Congressional Budget Office. Such revisions shall be included in the first current level report on the congressional budget submitted for publication in the Congressional Record after the release of such mid-session report. ``(3) Disclosure of hi and social security surpluses.--For purposes of enforcing any point of order under subsection (a), the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the surplus in the budget for each fiscal year set forth in such resolution and of the surplus or deficit in the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund, calculated using the assumptions set forth in subsection (b)(2). ``(d) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. (b) Conforming Amendment.--The item relating to section 316 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``Sec. 316. Protection for Social Security and hospital insurance surpluses.''.

Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year. Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than such combined Fund surpluses.

To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Tax Transparency Act''. SEC. 2. DISCLOSURE OF RECENT TAX RETURNS OF CERTAIN PRESIDENTIAL CANDIDATES. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Tax Returns of Certain Presidential Candidates.-- ``(1) In general.--Each candidate of a major party for the office of President shall file with the Commission, not later than 15 days after such candidate is nominated, a copy of the income tax returns of such candidate for the 3 most recent taxable years for which such a return has been filed with the Internal Revenue Service as of the date of the nomination. ``(2) Procedure if no information filed.--In any case in which the candidate of a major party for the office of President has not filed with the Commission the income tax returns described in paragraph (1) before the date which is 30 days after the date such candidate is nominated, the Chairman of the Commission shall request the Secretary of the Treasury to provide such returns. ``(3) Returns made public.--A tax return provided to the Commission by a candidate under paragraph (1) or by the Secretary of the Treasury pursuant to paragraph (2) shall be treated in the same manner as a report filed by the candidate and, except as provided in paragraph (4), shall be made publicly available at the same time and in the same manner as other reports and statements under this section. ``(4) Redaction of certain information.--Before making any return described in paragraph (1) or (2) available to the public, the Commission shall redact such information as the Commission, in consultation with the Secretary of the Treasury (or the Secretary's delegate), determines appropriate. ``(5) Definitions.--For purposes of this subsection: ``(A) Major party.--The term `major party' has the meaning given such term by section 9002(6) of the Internal Revenue Code of 1986. ``(B) Income tax return.--The term `income tax return' means any return (as defined in section 6103(b)(1) of the Internal Revenue Code of 1986) relating to Federal income taxes. ``(6) Special rule for 2016.-- ``(A) In general.--In the case of any candidate described in subparagraph (B)-- ``(i) paragraph (1) shall be applied by substituting `7 days after the date of the enactment of this subsection' for `15 days after such candidate is nominated', and ``(ii) paragraph (2) shall be applied by substituting `10 days after the date of the enactment of this subsection' for `30 days after the date such candidate is nominated'. ``(B) Candidate described.--A candidate is described in this subparagraph if such candidate is the candidate of a major party for the office of President who-- ``(i) is nominated with respect to the regularly scheduled general election for the office of President held in November 2016, and ``(ii) was so nominated before the date of the enactment of this subsection.''. (b) Authority to Disclose Information.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information of certain presidential candidates by federal election commission.-- ``(A) In general.--The Federal Election Commission may disclose to the public the applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(6)) for the office of President. ``(B) Disclosure to fec in cases where candidate does not provide returns.--The Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 304(j)(2) of the Federal Election Campaign Act of 1971, provide to officers and employees of the Federal Election Commission copies of the applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(6)) for the office of President. ``(C) Applicable returns.--For purposes of this paragraph, the term `applicable returns' means, with respect to any candidate for the office of President, income tax returns for the 3 most recent taxable years for which a return has been filed as of the date of the nomination.''. (2) Conforming amendments.--Section 6103(p)(4) of such Code, in the matter preceding subparagraph (A) and in subparagraph (F)(ii), is amended by striking ``or (22)'' and inserting ``(22), or (23)'' each place it appears. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Presidential Tax Transparency Act This bill amends the Federal Election Campaign Act of 1971 to require each candidate of a major party for the office of President to file with the Federal Election Commission (FEC) a copy of the candidate's income tax returns for the three most recent taxable years for which such a return has been filed with the Internal Revenue Service as of the date of the nomination. If a candidate has not filed with the FEC such income tax returns within 30 days after the nomination date, the FEC shall request the Department of the Treasury to furnish the returns. A tax return furnished to the FEC by a candidate or by Treasury shall be treated in the same manner as a report filed by the candidate and, except for the appropriate redaction of certain information, shall be made publicly available at the same time and in the same manner as other reports and statements. The bill sets forth a special rule for disclosure of tax returns in 2016 by a presidential candidate who is nominated for the general election in November 2016 and was so nominated before the enactment of this bill. The bill amends the Internal Revenue Code to authorize the FEC to disclose to the public the applicable tax returns of any person who has been nominated as a candidate of a major party. Treasury shall furnish the FEC with copies of any requested returns.

Presidential Tax Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016''. SEC. 2. INVESTIGATION OF UNSOLVED CIVIL RIGHTS CRIMES. The Emmett Till Unsolved Civil Rights Crime Act of 2007 (28 U.S.C. 509 note) is amended-- (1) in section 2-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by inserting after paragraph (2) the following: ``(3) meet regularly with eligible entities to coordinate the sharing of information and to discuss the status of the Department's work under this Act; ``(4) support the full accounting of all victims whose deaths or disappearances were the result of racially motivated crimes; ``(5) hold accountable under Federal and State law all individuals who were perpetrators of, or accomplices in, unsolved civil rights murders and such disappearances; ``(6) express the condolences of the authority to the communities affected by unsolved civil rights murders, and to the families of the victims of such murders and such disappearances; ``(7) keep families regularly informed about the status of the investigations of such murders and such disappearances of their loved ones; and ``(8) expeditiously comply with requests for information received pursuant to section 552 of title 5, United States Code, (commonly known as the `Freedom of Information Act') and develop a singular, publicly accessible repository of these disclosed documents.''; (2) in section 3-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``1969'' and inserting ``1979''; (ii) in paragraph (2), by inserting before the period at the end the following: ``, and eligible entities''; and (iii) by adding after paragraph (2) the following: ``(3) Review of closed cases.--The Deputy Chief may, to the extent practicable, reopen and review any case involving a violation described in paragraph (1) that was closed prior to the date of the enactment of the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 without an in-person investigation or review conducted by an officer or employee of the Criminal Section of the Civil Rights Division of the Department of Justice or by an agent of the Federal Bureau of Investigation. ``(4) Public engagement.-- ``(A) In general.--The Department shall hold meetings with representatives of the Civil Rights Division, Federal Bureau of Investigation, the Community Relations Service, eligible entities, and where appropriate, state and local law enforcement to discuss the status of the Department's work under this Act. ``(B) Authorization of appropriations.--In addition to amounts made available to carry out this Act under section 6, there is authorized to be appropriated to the Attorney General $1,500,000 for fiscal year 2017 and each of the next 10 subsequent fiscal years to carry out this paragraph.''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``1969'' and inserting ``1979''; (II) in subparagraph (F), by striking ``and'' at the end; (III) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (IV) by inserting after subparagraph (G) the following: ``(H) the number of cases referred by an eligible entity or a State or local law enforcement agency or prosecutor to the Department within the study period, the number of such cases that resulted in Federal charges being filed, the date the charges were filed, and if the Department declines to prosecute or participate in an investigation of a case so referred, the fact that it did so, and the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights statutes described in section 2(3), including murders and including disappearances described in section 2(4), within Federal, State, and local jurisdictions.''; and (ii) in paragraph (2), by inserting before the period at the end the following: ``and a description of the activities conducted under subsection (b)(3)''; (3) in section 4(b)-- (A) in paragraph (1), by striking ``1969'' and inserting ``1979''; and (B) in paragraph (2), by inserting before the period at the end the following: ``, and eligible entities''; (4) in section 5-- (A) in subsection (a), by striking ``1969'' and inserting ``1979''; and (B) in subsection (b), by striking ``each of the fiscal years 2008 through 2017'' and inserting ``fiscal year 2017 and each of the 10 subsequent fiscal years''; and (5) in section 6-- (A) in subsection (a)-- (i) by striking ``each of the fiscal years 2008 through 2017'' and inserting ``fiscal year 2017 and each of the 10 subsequent fiscal years''; and (ii) by striking ``1969'' and inserting ``1979''; and (B) by amending subsection (b) to read as follows: ``(b) Community Relations Service of the Department of Justice.-- Using funds appropriated under section 3(b)(4)(B), the Community Relations Service of the Department of Justice shall provide technical assistance by bringing together law enforcement agencies and communities to address tensions raised by Civil Rights era crimes.''; (6) in section 7-- (A) in the heading, by striking ``definition of `criminal civil rights statutes''' and inserting ``definitions''; (B) in paragraph (6), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses accordingly; (C) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and indenting the subparagraphs accordingly; (D) by striking ``In this Act, the term'' and inserting: ``In this Act: ``(1) Criminal civil rights statutes.--The term''; and (E) by inserting at the end the following: ``(2) Eligible entity.--The term `eligible entity' means an organization whose primary purpose is to promote civil rights, an institution of higher education, or another entity, determined by the Attorney General to be appropriate.''; and (7) by striking section 8. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 7, 2016. Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Sec. 2) This bill reauthorizes the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Emmett Till Act) and expands the responsibilities of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to include the investigation and prosecution of criminal civil rights statutes violations that occurred before 1980 and resulted in a death. (Currently, Emmett Till Act investigations are limited to violations that occurred before 1970.) The bill expresses the sense of Congress that all authorities with jurisdiction should: (1) meet regularly with civil rights organizations, institutions of higher education, and DOJ-designated entities to coordinate information sharing and discuss the status of DOJ's Emmett Till Act work; (2) support the full accounting of all victims whose deaths or disappearances were the result of racially motivated crimes; (3) hold accountable under federal and state law individuals who were perpetrators of, or accomplices in, unsolved civil rights murders and disappearances; (4) keep families regularly informed about the status of the investigations; and (5) expeditiously comply with Freedom of Information Act requests and develop a singular, publicly accessible repository of these disclosed documents. In investigating a complaint, DOJ may coordinate activities with entities that DOJ determines to be appropriate. DOJ may reopen and review cases closed without an in-person investigation conducted by DOJ or the FBI. DOJ must hold meetings with the Civil Rights Division, the FBI, the Community Relations Service, civil rights organizations, institutions of higher education, DOJ-designated entities, and state and local law enforcement to discuss the status of its Emmett Till Act work. In an annual report to Congress, DOJ must indicate: the number of cases referred by a civil rights organization, an institution of higher education, or a state or local law enforcement agency; the number of such cases that resulted in federal charges; the date any such charges were filed; whether DOJ has declined to prosecute or participate in an investigation of a referred case; the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights statutes, including murders and disappearances; and any activity on reopened cases. The Community Relations Service must provide technical assistance by bringing together law enforcement agencies and communities to address tensions raised by civil rights era crimes.

Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Best Return on America's Investment Now Act''; or (2) the ``BRAIN Act''. SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES. (a) Preference Allocation for Employment-Based Immigrants.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Aliens holding doctorate degrees from u.s. doctoral institutions of higher education in science, technology, engineering, or mathematics.-- ``(A) In general.--Visas shall be made available, in a number not to exceed 10 percent of such worldwide level, to qualified immigrants who-- ``(i) hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education; and ``(ii) have taken all doctoral courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. ``(B) Definitions.--For purposes of this paragraph: ``(i) The term `distance education' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(ii) The term `field of science, technology, engineering, or mathematics' means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. ``(iii) The term `United States doctoral institution of higher education' means an institution that-- ``(I) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))); and ``(II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity.''. (b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(E) of such Act (8 U.S.C. 1154(a)(1)(E)) is amended-- (1) by striking ``(E)'' and inserting ``(E)(i)''; (2) by striking ``203(b)(1)(A),'' and inserting ``203(b)(1)(A) or 203(b)(6),''; (3) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (4) by adding at the end the following: ``(ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under section 203(b)(6): ``(I) The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. ``(II) The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition.''. (c) Skilled Workers, Professionals, and Other Workers.--Section 203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)) is amended by striking ``28.6'' and inserting ``25.74''. (d) GAO Study.--Not later than June 30, 2018, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(iii)(II)), as added by this section. (e) Effective Date.--The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) relating to alien beneficiaries qualifying under section 203(b)(6) of such Act (8 U.S.C. 1153(b)(6)) (as added by this section). SEC. 3. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended-- (1) by striking ``subsections (a) and (b)'' and inserting ``subsection (a), and paragraphs (3), (4), and (5) of subsection (b),''; (2) by striking ``such subsections'' and inserting ``such provisions''. (b) Rules for Employment-Based Immigrants.--Section 202(a)(5) of such Act (8 U.S.C. 1152(a)(5)) is amended-- (1) in subparagraph (A), by striking ``(1), (2), (3), (4), or (5)'' and inserting ``(3), (4), or (5)''; and (2) in subparagraph (B)-- (A) by inserting ``paragraphs (3), (4), and (5) of'' before ``section 203(b) exceeds''; and (B) by striking ``section 203(b) consistent'' and inserting ``such paragraphs consistent''. (c) Special Rules for Countries at Ceiling.--Section 202(e) of such Act (8 U.S.C. 1152(e)) is amended-- (1) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsection (a), and paragraphs (3), (4), and (5) of subsection (b),''; and (2) by striking ``(1) through (5)'' and inserting ``(3), (4), and (5)''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. SEC. 4. PERMANENT PRIORITY DATES. (a) In General.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--Subject to subsection (h)(3) and paragraph (2), the priority date for any employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Subsequent employment-based petitions.--Subject to subsection (h)(3), an alien who is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.

Best Return on America's Investment Now Act or BRAIN Act - Amends the Immigration and Nationality Act to make up to 10% of the worldwide employment-based immigration level available to qualified immigrants who: (1) hold a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States. Reduces the number of immigrant visas available to skilled workers, professionals, and other workers. Revises the computation of the total number of immigrant visas that may be made available to natives of any single foreign state or dependent area in a fiscal year. States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed with Secretary of Homeland Security (DHS) (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain that petition's priority date in the consideration of any subsequently filed employment-based petition.

BRAIN Act

. (a) In General.-- (1) 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, 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, pursuant to this section. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of 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, or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such project or activity for the preceding fiscal year. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill providing for such project or activity for such period becomes law. ``(e) No appropriation is made by reason of subparagraph (B) of subsection (a)(1) for a fiscal year for any project or activity for which there is no authorization of appropriations for such fiscal year. ``(f) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(g) For purposes of this section `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(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.''. (2) 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.''. (3) The amendments made by this subsection shall apply with respect to fiscal years beginning after September 30, 1995. (b) Point of Order Against Continuing Resolutions.-- (1) It shall not be in order in the House of Representatives or the Senate to consider or to vote on the question of agreeing to any bill or joint resolution making continuing appropriations for a fiscal year or any conference report thereon. (2) Paragraph (1) may be waived or suspended in the Senate by a vote of three-fifths of the Members, duly chosen and sworn. (3) If the ruling of the presiding officer sustains a point of order raised pursuant to paragraph (1), a vote of three- fifths of the Members duly chosen and sworn shall be required to sustain an appeal of such ruling. Debate on any such appeal shall be limited to two hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. An appeal of any such point of order is not subject to a motion to table.

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

To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government.

COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF APPEALS SECTION. 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The function of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal courts of appeals with particular reference to the ninth circuit; and (3) report to the President and the Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeal, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of eleven members appointed as follows: (1) Two members appointed by the President of the United States. (2) Three members appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate. (3) Three members appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (4) Three members appointed by the Chief Justice of the United States. (b) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (c) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Quorum.--Six members of the Commission shall constitute a quorum, but three may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not exceeding the maximum amounts authorized under section 456 of title 28, United States Code. (b) Private Members.--Members of the Commission from private life shall receive $200 per diem for each day (including traveltime) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he determines necessary, without regard to the provisions of title 5, United States code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it determines necessary to carry out its functions under this title and each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. The Commission shall transmit its report to the President and the Congress no later tha February 28, 1997. The Commission shall terminate ninety days after the date of the submission of its report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums, not to exceed $500,000, as may be necessary to carry out the purposes of this title. Such sums as are appropriated shall remain available until expended. SEC. 8. CONGRESSIONAL CONSIDERATION. Within sixty days of the transmission of the report, the Committee on the Judiciary of the Senate shall act on the report. Passed the Senate March 20, 1996. Attest: KELLY D. JOHNSTON, Secretary.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal courts of appeals, with particular reference to the ninth circuit; and (2) report its recommendations for changes to the President and the Congress by February 28, 1997. Authorizes appropriations. Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission.

Ninth Circuit Court of Appeals Reorganization Act of 1995

SECTION 1. OPERATION OF THE NATIONAL CONSTITUTION CENTER. Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C. 407cc) is amended by adding at the end the following: ``(c) Operation of the Center.-- ``(1) In general.--A cooperative agreement entered into under subsection (b) shall-- ``(A) authorize the Center to-- ``(i) operate the Center; ``(ii) provide to visitors to the Center, and to any other areas of Independence National Historical Park that the Secretary and the Center determine to be appropriate, any activities and services relating to and consistent with any functions of the Center under section 3(b); ``(iii) carry out activities that are appropriate for the operation of the Center, including charging fees, conducting events, and selling and marketing merchandise, tickets for activities of the Center, and food to visitors to the Center; and ``(iv) negotiate and enter into any agreements, leases, contracts, or other arrangements with any person, firm, association, organization, corporation, or governmental entity (including the Federal Government and any State and local governments) appropriate for carrying out activities at the Center (including an agreement, contract, or other arrangement for janitorial service, building maintenance, food service, information technology maintenance, or the operation of a museum store); ``(B) provide that any revenues from facilities and services of the Center shall be made available to the Center, without further appropriation, to offset the expenses of operating the Center; ``(C) authorize the Center to occupy the site and any structures provided under subsection (a)-- ``(i) for a term specified in the cooperative agreement not to exceed 30 years; and ``(ii) in accordance with any terms and conditions of the cooperative agreement; ``(D)(i) provide that the Center shall maintain, during the term of the cooperative agreement and at the expense of the Center, insurance on the Center covering such risks, in such amounts, and including such terms and conditions as the Secretary determines to be appropriate; and ``(ii) provide that any repairs or reconstruction carried out using payments made to the Center under an insurance policy maintained under clause (i) shall be subject to the approval of the Secretary; ``(E) provide that the Center shall maintain the status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Code; ``(F) provide that the Center shall make available to the Secretary and the Comptroller General of the United States all books, documents, papers, and records of the Center that are necessary for an audit; ``(G) provide that, on request of the Secretary or Congress, the Center shall submit to the Secretary or Congress an annual report that-- ``(i) describes the activities of the Center during the preceding fiscal year; ``(ii) compares the goals and objectives of the Center to the actual accomplishments of the Center during the preceding fiscal year; and ``(iii) includes a plan for the Center for the subsequent fiscal year; and ``(H) include any other terms and conditions that the Secretary determines to be appropriate. ``(2) Termination of agreement.--The Secretary may terminate the cooperative agreement entered into under paragraph (1) if the Secretary determines that termination is in the best interest of the public. ``(3) Effect on existing agreement.--The agreement between the National Park Service and the National Constitution Center numbered CA-4450-99-9018 shall remain in effect until the date on which-- ``(A) the agreement is terminated in accordance with the terms of the agreement; or ``(B) a cooperative agreement is entered into under paragraph (1). ``(4) Administration of independence national historical park.--Nothing in this subsection affects the authority of the Secretary to enter into a contract or other agreement with any organization or entity that provides for the administration of Independence National Historical Park so long as the agreement does not conflict with the cooperative agreement entered into under paragraph (1). ``(5) Exemption from applicable law.--An agreement, lease, contract, or other arrangement entered into under paragraph (1) shall not be subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)), section 321 of the Act of June 30, 1939 (40 U.S.C. 303(b)), or section 403 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5952).''.

Amends the Constitution Heritage Act of 1988 to set forth requirements for cooperative agreements between the Secretary of the Interior and the National Constitution Center for the operation of the Center, including a requirement that revenues from the operation of the Center be made available to the Center (without further appropriation) to offset its operating expenses, and requirements that the Center: (1) maintain appropriate risk insurance; (2) maintain its tax-exempt status; and (3) report annually to the Secretary or Congress on its activities, goals and plans. Authorizes the Secretary to terminate a cooperative agreement in the public interest. Exempts agreements, leases, contracts or other arrangements entered into under this Act from certain requirements for leases of buildings by the Federal Government and for the award of concession contracts in units of the National Park System.

A bill to amend the Constitution Heritage Act of 1988 to provide for the operation of the National Constitution Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility in Rebuilding American Fisheries Act of 2008''. SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED FISHERIES. Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)) is amended-- (1) in paragraph (4)(A)-- (A) in clause (i) by striking ``possible'' and inserting ``practicable''; and (B) by amending clause (ii) to read as follows: ``(ii) not exceed 10 years, except in cases where-- ``(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; ``(II) the Secretary determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; ``(III) the Secretary determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock of fish is on a positive rebuilding trend; ``(IV) the Secretary determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend; ``(V) the Secretary determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect; or ``(VI) the Secretary determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish in the 25-year period preceding and there is evidence that the stock is on a positive rebuilding trend;''; or (2) in paragraph (7), in the matter preceding subparagraph (A), by inserting after the first sentence the following: ``In evaluating progress to end overfishing and to rebuild overfished stocks of fish, the Secretary shall review factors, other than commercial fishing and recreational fishing, that may contribute to a stock of fish's overfished status, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and their impact on the marine environment, predator/prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.''; and (3) by adding at the end the following: ``(8) If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), (V), or (VI) of paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish concerned may not exceed the sum of the following time periods: ``(A) The initial 10-year rebuilding period. ``(B) The expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions. ``(C) The mean generation time of the stock. ``(9) In this subsection the term `on a positive rebuilding trend' means that the biomass of the stock of fish has shown a substantial increase in abundance since the implementation of the rebuilding plan.''.

Flexibility in Rebuilding American Fisheries Act of 2008 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (currently, as short as possible). Modifies the exceptions to the requirement that such period not exceed ten years. Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing. Requires, when the Secretary of Commerce extends the period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial ten-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding of certain overfished fisheries, and for other purposes.

SECTION 1. REVISION OF TITLE XII. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. ``(2) The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. ``(3) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. ``(4) The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. ``(5) In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. ``(6) According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. ``(7) School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. ``(8) Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a.m. and extending into the afternoon; teachers being unable to use a single room for an entire day; too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. ``(9) School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. ``(10) Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. ``SEC. 12002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. ``(a) Authority and Conditions for Grants.-- ``(1) In general.--To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. ``(2) Formula for allocation.--From the amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. ``(b) Conditions for Receipt of Grants.-- ``(1) Applications.--In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. ``(2) Priorities.--In approving projects for funding under this title, the State educational agency shall consider-- ``(A) the threat the condition of the physical plant poses to the safety and well-being of students; ``(B) the demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility; ``(C) the age of the facility to be renovated or replaced; and ``(D) the needs related to preparation for modern technology. ``(c) Amount and Condition of Grants.--A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. ``SEC. 12004. GENERAL PROVISIONS. ``The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this part-- ``(1) shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 (Davis-Bacon Act), as amended; and ``(2) shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed; but the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are full credited to the educational institution undertaking the construction. ``SEC. 12005. DEFINITIONS. ``As used in this title: ``(1) School.--The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``(2) State.--The term State includes the several States of the United States and the District of Columbia. ``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $22,000,000,000 for fiscal year 2000 and a sum no less than this amount for each of the 4 succeeding fiscal years.''.

Amends title XII (School Facilities Infrastructure Improvement) of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools. Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation. Authorizes appropriations.

To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Insurance Coverage of Childhood Immunization Act of 2007''. SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide for each plan year comprehensive coverage for routine immunizations for each individual who is a dependent of a participant or beneficiary under the plan and is under 19 years of age. ``(b) Comprehensive Coverage.--For purposes of this section, comprehensive coverage for routine immunizations for a plan year consists of coverage, without deductibles, coinsurance, or other cost- sharing, for immunizations (including the vaccine itself) in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued prior to such plan year by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide for each plan year comprehensive coverage for routine immunizations for each individual who is a dependent of a participant or beneficiary under the plan and is under 19 years of age. ``(b) Comprehensive Coverage.--For purposes of this section, comprehensive coverage for routine immunizations for a plan year consists of coverage, without deductibles, coinsurance, or other cost- sharing, for immunizations (including the vaccine itself) in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued prior to such plan year by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.''. (B) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Standard relating to coverage of childhood immunization.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. SEC. 3. COORDINATION OF ADMINISTRATION. The Secretary of Health and Human Services and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 4. EFFECTIVE DATES. (a) Group Health Plans and Group Health Insurance Coverage.-- Subject to subsection (c), the amendments made by section 2(a) apply with respect to group health plans for plan years beginning on or after January 1, 2008. (b) Individual Health Insurance Coverage.--The amendment made by section 2(b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (c) Collective Bargaining Exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by section 2(a) shall not apply to plan years beginning before the later of-- (1) the earliest date as of which all such collective bargaining agreements relating to the plan have terminated (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (2) January 1, 2008. For purposes of paragraph (1), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by section 2(a) shall not be treated as a termination of such collective bargaining agreement.

Comprehensive Insurance Coverage of Childhood Immunization Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan and a health insurance issuer offering group health insurance coverage to provide comprehensive coverage for routine immunizations for each individual under 19 years of age who is a dependent of a participant or beneficiary under the plan. Requires coverage of routine immunizations without deductibles, coinsurance, or other cost-sharing in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (CDC). Applies such requirement to coverage offered in the individual market. Requires the Secretary of Health and Human Services and the Secretary of Labor to ensure that: (1) such requirement has the same effect at all times; and (2) such Secretaries have a coordinated enforcement strategy.

To amend title XXVII of the Public Health Service Act and title I of the Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide comprehensive coverage for childhood immunization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Extension Act of 2005, Part VI''. SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM. (a) Authorization of Contract Authority.--Section 4(a) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147, 119 Stat. 325) is amended by striking ``$292,179,920'' and inserting ``$309,260,880''. (b) Limitation on Obligations.--Of the obligation limitation made available for Federal-aid highways and highway safety construction programs for fiscal year 2005 by division H of Public Law 108-447 (118 Stat. 3204) not more the $17,080,960 shall be available, in addition to any obligation limitation previously provided, for administrative expenses of the Federal Highway Administration for the period of July 30, 2005, through August 14, 2005. (c) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat. 1146, 119 Stat. 325) is amended by striking ``July 30'' and inserting ``August 14''. SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. (a) In General.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay the administrative expenses of the National Highway Traffic Administration in carrying out the highway safety programs authorized by sections 157 and 163 of chapter 1 of title 23, United States Code, and sections 402, 403, 405, and 410 of chapter 4 of such title, the National Driver Register under chapter 303 of title 49, United States Code, the motor vehicle safety program under chapter 301 of such title 49, and the motor vehicle information and cost savings program under part C of subtitle VI of such title 49 $4,125,000 for the period of July 30, 2005, through August 14, 2005. (b) Contract Authority.--Funds made available by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended. SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM. Section 7(a)(1) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended-- (1) by striking ``$213,799,290'' and inserting ``$224,383,414''; and (2) by striking ``July 30'' and inserting ``August 14''. SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS. (a) Authorization of Appropriations.--Section 5338(f)(2) of title 49, United States Code, is amended-- (1) in the heading by striking ``july 30'' and inserting ``august 14''; (2) in subparagraph (A)(vii)-- (A) by striking ``$54,350,686'' and inserting ``$57,650,686''; and (B) by striking ``July 30'' and inserting ``August 14''; and (3) in subparagraph (B)(vii) by striking ``July 30'' and inserting ``August 14''. (b) Obligation Ceiling.--Section 3040(7) of the Transportation Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118 Stat. 1158; 119 Stat. 333) is amended-- (1) by striking ``$6,398,695,996'' and inserting ``$6,401,995,996''; and (2) by striking ``July 30'' and inserting ``August 14''. SEC. 6. BUREAU OF TRANSPORTATION STATISTICS. (a) In General.--Section 5001(a)(4) of the Transportation Equity Act for the 21st Century (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking ``$25,730,000 for the period of October 1, 2004, through July 30, 2005'' and inserting ``$27,000,000 for the period of October 1, 2004, through August 14, 2005''. (b) Limitation on Obligations.--Of the obligation limitation made available for Federal-aid highways and highway safety construction programs for fiscal year 2005 by division H of Public Law 108-447 (118 Stat. 3204) not more the $1,270,000 shall be available, in addition to any obligation limitation previously provided, for administrative expenses of the Bureau of Transportation Statistics for the period of July 30, 2005, through August 14, 2005. SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR OBLIGATIONS UNDER TEA-21. (a) Highway Trust Fund.-- (1) In general.--Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended-- (A) in the matter before subparagraph (A), by striking ``July 31, 2005'' and inserting ``August 15, 2005'', (B) by striking ``or'' at the end of subparagraph (O), (C) by striking the period at the end of subparagraph (P) and inserting ``, or'', (D) by inserting after subparagraph (P) the following new subparagraph: ``(Q) authorized to be paid out of the Highway Trust Fund under the Surface Transportation Extension Act of 2005, Part VI.'', and (E) in the matter after subparagraph (Q), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (2) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (A) in the matter before subparagraph (A), by striking ``July 31, 2005'' and inserting ``August 15, 2005'', (B) in subparagraph (M), by striking ``or'' at the end of such subparagraph, (C) in subparagraph (N), by inserting ``or'' at the end of such subparagraph, (D) by inserting after subparagraph (N) the following new subparagraph: ``(O) the Surface Transportation Extension Act of 2005, Part VI,'', and (E) in the matter after subparagraph (O), as added by this paragraph, by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (3) Exception to limitation on transfers.--Subparagraph (B) of section 9503(b)(6) of such Code is amended by adding at the end the following: ``The preceding sentence shall be applied by substituting `August 15, 2005' for the date therein.''. (b) Aquatic Resources Trust Fund.-- (1) Sport fish restoration account.--Paragraph (2) of section 9504(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subparagraphs (A), (B), and (C) shall each be applied by substituting `Surface Transportation Extension Act of 2005, Part VI' for `Surface Transportation Extension Act of 2005, Part V'.''. (2) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (A) by striking ``July 31, 2005'' and inserting ``August 15, 2005'', and (B) by striking ``Surface Transportation Extension Act of 2005, Part V'' and inserting ``Surface Transportation Extension Act of 2005, Part VI''. (3) Exception to limitation on transfers.--Paragraph (2) of section 9504(d) of such Code is amended by adding at the end the following new sentence: ``The preceding sentence shall be applied by substituting `August 15, 2005' for the date therein.''. (c) Temporary Rule Regarding Adjustments.--During the period beginning on the date of the enactment of the Surface Transportation Extension Act of 2003 and ending on August 14, 2005, for purposes of making any estimate under section 9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway Trust Fund, the Secretary of the Treasury shall treat-- (1) each expiring provision of paragraphs (1) through (4) of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through the end of the 24-month period referred to in section 9503(d)(1)(B) of such Code, and (2) with respect to each tax imposed under the sections referred to in section 9503(b)(1) of such Code, the rate of such tax during the 24-month period referred to in section 9503(d)(1)(B) of such Code to be the same as the rate of such tax as in effect on the date of the enactment of the Surface Transportation Extension Act of 2003. (d) Subsequent Repeal of Certain Temporary Provisions.--Each of the following provisions of the Internal Revenue Code of 1986 are amended by striking the last sentence thereof: (1) Section 9503(b)(6)(B). (2) Section 9504(b)(2). (3) Section 9504(d)(2). (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Subsequent repeal.--The amendments made by subsection (d) shall take effect on the date of the enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and shall be executed immediately before the amendments made by such Act. SEC. 8. TECHNICAL AMENDMENT. Effective on the date of enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, section 1942 of such Act is repealed.

Surface Transportation Extension Act of 2005, Part VI - Extends, through August 14, 2005, the authorization of appropriations from the Highway Trust Fund (HTF) for: (1) administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs; and (2) the Bureau of Transportation Statistics. Prohibits, after August 14, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multiyear law reauthorizing the federal-aid highway program. Amends the Internal Revenue Code to authorize until August 15, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund. Repeals upon enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users a provision directing the Secretary of the Air Force to open the airfield at Malmstrom Air Force Base, Montana.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charity To Eliminate Poverty Tax Credit Act of 2001''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 (twice such amount in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply. ``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case of any taxable year beginning in a calendar year after 2001, the $100 amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $5.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Credit for certain charitable contributions.'' (c) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.

Charity To Eliminate Poverty Tax Credit Act of 2001 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor.

To amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions to fight poverty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver's Privacy Protection Act of 1993''. SEC. 2. PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION BY STATES. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 121 the following: ``CHAPTER 123--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION BY STATES ``Sec. ``2721. Prohibition on release of certain personal information by States. ``2722. Additional unlawful acts. ``2723. Penalties and remedies. ``2724. Effect on State and local law. ``2725. Definitions. ``Sec. 2721. Prohibition on release of certain personal information by States ``(a) In General.--It shall be unlawful for any person or other entity to disclose personal information derived from an individual's motor vehicle records to any other person or entity, other than to the individual, except as permitted under this chapter. ``(b) Exceptions.--Personal information referred to in subsection (a) of this section may be disclosed for any of the following uses: ``(1) For use by any Federal or State court in carrying out its functions. ``(2) For use by any Federal or State agency in carrying out its functions. ``(3) For use in connection with matters of automobile and driver safety, including manufacturers of motor vehicles conducting a recall of motor vehicles. ``(4) For use in the normal course of business by a legitimate business (including an insurer or insurance support organization) or its agents or employees or contractors, but only-- ``(A) to verify the accuracy of personal information submitted by the individual to the business; and ``(B) if such information as so submitted was not correct, to obtain the correct information, but only for the purpose of pursuing remedies against an individual who provided false information or presented a check or similar item that was not honored. ``(5) For use in any civil or criminal proceeding in any Federal or State court. ``(6) For use in research activities, if the motor vehicle department determines that such personal information will not be used to solicit the individual and that the individual is not identified or associated with the requested information. ``(7) For use in marketing activities, if the motor vehicle department-- ``(A) has provided in a clear and conspicuous manner to the individual an opportunity to prohibit such disclosure; ``(B) has received assurances that the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and ``(C) has received assurances that each entity that sells or uses the information so obtained keeps complete records identifying each purpose for which the information is used and each organization that receives the information. ``(8) For purposes of reselling the personal information for a permissible use under paragraph (7) of this subsection, but only if each person or other entity that sells or uses the information so obtained keeps complete records identifying-- ``(A) each purpose for which the information is used; and ``(B) each person or other entity that receives the information. ``(9) For use by any insurer or insurance support organization, or its employees, agents, and contractors, but only in connection with claims investigation activities or antifraud activities. ``(c) Waiver Procedures.--(1) Each State shall establish and carry out procedures under which-- ``(A) an individual to whom the information pertains may authorize the agency to disclose such information; and ``(B) any motor vehicle department of the State may enter into an agreement with any business (including an insurer or insurance support organization) or its agents, employees, or contractors, based upon a certification that the business has obtained or will have obtained consent from the individual to whom the information pertains, to obtain requested personal information from such department. ``(2) Any State department of motor vehicles, upon receiving a request for personal information referred to in subsection (a) of this section, other than for a use referred to in subsection (b) of this section, shall, if such request is not accompanied by a waiver in accordance with paragraph (1) of this subsection, mail, within 10 days following the receipt of such request, a copy of that request to the individual concerning whom the personal information was requested informing such individual of the request, together with a statement to the effect that such information will not be released unless the individual waives such individual's right to confidentiality under this section. ``Sec. 2722. Additional unlawful acts ``(a) Procurement for Unlawful Purpose.--It shall be unlawful for any person knowingly to obtain or use personal information, derived from a motor vehicle record, for any purpose not described in section 2721(b) of this title. ``(b) False Representations; Unlawful Distribution.--It shall be unlawful for any person to make any false representation to obtain or use any personal information derived from an individual's motor vehicle record. ``Sec. 2723. Penalties and remedies ``(a) Willful Violations by Non-Governmental Entities.--Any person or other entity (other than a State or agency thereof) that willfully violates this chapter shall be fined under this title or imprisoned not more than 1 year, or both. ``(b) Nonwillful Violations by Non-Governmental Entities.-- Any person or other entity (other than a State or agency thereof) that violates this chapter shall be subject to a civil penalty in an amount not to exceed $5,000. ``(c) Violation by Governmental Entities.--If a State or agency thereof willfully violates this chapter, the State shall be subject to a civil penalty in the amount of $10,000. Each day of continued noncompliance by the State shall constitute a separate violation. ``Sec. 2724. Effect on State and local law ``A State or local government may prohibit conduct that is permitted in the exceptions set forth in section 2721(b) of this title. ``Sec. 2725. Definitions ``As used in this chapter-- ``(1) the term `personal information' means an individual's name, address, telephone number, social security number, driver's identification number, medical and disability information, photograph, or other information that identifies a particular individual; ``(2) the term `State' includes the District of Columbia, Puerto Rico, and any other possession or territory of the United States; and ``(3) the term `motor vehicle record information' means-- ``(A) information about who is licensed to drive vehicles on the public highways, including any personal information about the licensed driver that is maintained as part of, or is associated with, a listing of who is so licensed; ``(B) registration information about a motor vehicle; and ``(C) information about violations of traffic laws and similar information kept about a licensed driver in connection with the operations of a governmental authority that controls such licensing.''. (B) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 121 the following new item: ``123. Prohibition on Release of Certain Personal 2721''. Information by States.

Driver's Privacy Protection Act of 1993 - Amends the Federal criminal code to prohibit disclosure of personal information derived from an individual's motor vehicle records to anyone other than that individual. Makes exceptions for use: (1) by any Federal or State court or agency in carrying out its functions; (2) in connection with matters of automobile and driver safety; (3) in the normal course of business by a legitimate business, in research activities, and in marketing activities (subject to specified limitations); (4) in any civil or criminal proceeding in any Federal or State court; and (5) by any insurer in connection with claims investigation or antifraud activities. Permits reselling the personal information for a permissible use under specified circumstances. Requires each State to establish and carry out procedures under which: (1) an individual to whom the information pertains may authorize its disclosure; and (2) a State motor vehicle department may enter into an agreement with any business based upon a certification that the business has consent from the individual to obtain the requested personal information. Prohibits: (1) knowingly obtaining or using personal information, derived from a motor vehicle record, for any impermissible purpose; and (2) making a false representation to obtain or use any such information. Sets penalties and remedies for willful and nonwillful violations by non-governmental entities and by governmental entities.

Driver's Privacy Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Garment Consumer's Right-to-Know Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The production of garments in sweatshops that violate labor rights and standards burdens interstate and international commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of domestic and foreign working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of domestic and foreign workers are a continuing and growing problem in the garment industry. (3) Many consumers of garments wish to know whether the garments they purchase in interstate and international commerce are made under working conditions that the consumer deems morally repugnant, indecent, violative of workers' human dignity and fundamental rights, or otherwise unacceptable. The absence of reliable and available information about such sweatshop conditions impairs consumers' capacity to freely and knowingly choose whether to purchase garments made in sweatshops and sold into interstate and international commerce. (4) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (5) The failure of these employers to maintain adequate records, as well as the lack of access to such records by consumers, employees, consumer and employee representatives, and the public at large has adversely affected and continues to adversely affect the ability of employees and the Department of Labor to collect wages due to workers and to otherwise ensure compliance with the Act's wage and hour, child labor, and industrial homework provisions. (6) These failures of recordkeeping and lack of access to records--combined with the inadequacy in the scope of information that manufacturers have been required to record and disclose--also obstruct consumers from freely and knowingly choosing whether to buy garments that are made under sweatshop conditions. (7) It is necessary to amend the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to ensure free consumer choice and to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. RECORDKEEPING AND DISCLOSURE IN THE GARMENT INDUSTRY. The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 11 the following new section: ``recordkeeping and disclosure in the garment industry ``Sec. 11A. (a) An apparel manufacturer that engages a contractor to manufacture apparel shall maintain, for not less than 3 years, the following: ``(1) The same records and information with respect to the employees and homeworkers of each contractor engaged by the manufacturer that the manufacturer is required to make, keep, and preserve with respect to an employer's employees and homeworkers under section 11(a). ``(2) Records of the following, with respect to each contractor engaged by the manufacturer: ``(A) The address of the headquarters, principal places of business, and place of incorporation (or other legal registration) of the contractor. ``(B) A full description of each production order placed by the manufacturer with the contractor, including descriptions of the items manufactured or otherwise transformed by the contractor, and of the attendant processes of manufacturing and transformation, that are sufficiently detailed to enable consumers, employees, consumer and employee representatives, and the public to readily identify-- ``(i) the type, brand, style, or other identifying features of the particular final retail product to which a production order applies; ``(ii) for each process of manufacturing or transformation, the quantity of items manufactured or transformed by that process, the date of work performed, and the location of the facility where work was or is performed by employees of the contractor fulfilling the production order; ``(iii) the class or type of employees that performed each process of manufacturing or transformation; ``(iv) the age of each such employee; and ``(v) for each such employee, the regular time and overtime hours worked (as determined under section 13), the wages and benefits paid, and the method of calculating any piece rates or incentive rates paid. ``(C) The names and addresses of all persons who are financially invested or interested, whether as partners, associates, profit sharers, shareholders, or through other forms of financial investment, in each contractor engaged by the manufacturer, together with the proportion or amount of their respective investments or interests, except that in the case of a publicly traded corporation a listing of principal officers shall suffice. ``(D) All applicable labor laws. ``(E) Every charge, complaint, petition, or other legal, administrative, or arbitral claim submitted, filed, served, or in any other manner brought by any party, and every action taken by any public authority or private arbitrator during the previous 5 years, pertaining to compliance or noncompliance by the contractor with the applicable labor laws. ``(b) Prior to, or concurrent with, an apparel manufacturer's placement of a production order with a contractor to manufacture apparel, the manufacturer shall enter into a contract with the contractor that requires the contractor to provide to the manufacturer, in a timely manner, the records and information required under subsection (a). ``(c) An apparel manufacturer shall diligently enforce any contract specified in section 11A(b), including initiating legal action against the contractor in an appropriate court. ``(d) An apparel manufacturer shall submit copies of the records and contracts required under subsection (a) and (b) to the Secretary, who shall make the information contained in those records and contracts fully and freely available to the public, through printed and online electronic databases that are readily searchable by name of manufacturer or contractor, address of manufacturer or contractor, date of production order, and description of production order (as provided in subsection (a)(2)(B)). ``(e)(1)(A) Any employee of an apparel manufacturer (or of a contractor engaged by such manufacturer), any organization representing the interests of consumers in the United States, and any labor organization representing employees in the garment industry in the United States or in the country in which the respective contractor does business may bring an action against such manufacturer or contractor for violation of the manufacturer's obligations under this section in an appropriate United States district court. ``(B) A manufacturer or contractor found liable an action under this paragraph shall be subject to an award of compensatory, consequential, and punitive damages, as well as equitable relief. Any such damages shall be awarded to, and apportioned among, the employees of the contractor as to which the manufacturer has failed to maintain information required under subsection (a) or has failed to enter into or enforce contracts as required under subsection (b). ``(C) Plaintiffs in such actions shall be entitled to a trial by jury and to attorney fees and costs in the same manner as provided in section 16(b). ``(2) The compliance of an apparel manufacturer with this section, with respect to the information and records employees and homeworkers of each contractor engaged by the manufacturer and the contract and enforcement requirements of subsections (b) and (c), may be enforced in the same manner as records and information the manufacturer is required to make, keep, and preserve with respect to an employer's employees and homeworkers under section 11(a). ``(f) For purposes of this section: ``(1)(A) The term `apparel' means a garment (or a section or component of such garment) designed or intended to be worn by men, women, children, or infants and to be sold or offered for sale. ``(B) Such term includes clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts. ``(C) Such term does not include premanufactured items, such as buttons, zippers, snaps, or studs. ``(2) The term `manufacture', with respect to apparel, means to design, cut, sew, dye, wash, finish, assemble, press, or otherwise produce. ``(3)(A) The term `apparel manufacturer' means any person, in or affecting interstate or foreign commerce, that-- ``(i) manufactures apparel or engages in the business of selling apparel; or ``(ii) engages a contractor to manufacture apparel. ``(B) Such term does not include a contractor. ``(4) The term `contractor' means-- ``(A) any person who contracts, directly or indirectly, with an apparel manufacturer to manufacture apparel (including any subcontractor of such person) for such manufacturer; and ``(B) any agent, distributor, or person described in subparagraph (A) through which homework is distributed or collected by such an agent, distributor, or contractor engaged by an apparel manufacturer. ``(5) The term `applicable labor laws' means the Federal, State, or international laws or regulations to which an apparel manufacturer or contractor is subject in the area of labor and employment, including wages and hours, child labor, safety and health, discrimination, freedom of association and collective bargaining, work-related benefits and leaves, and any other workplace condition or aspect of the employment relationship. ``(6) The term `appropriate court' means, with respect to an apparel manufacturer or contractor-- ``(A) an appropriate United States district court; ``(B) a court of any State having jurisdiction over the manufacturer or contractor; or ``(C) a foreign court or tribunal having jurisdiction over the manufacturer or contractor.''. SEC. 4. CIVIL PENALTIES FOR VIOLATIONS OF RECORDKEEPING. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended by adding after the first sentence the following: ``Any person who fails to maintain or submit information, records, and contracts as required under section 11(c) and section 11A shall be subject to a civil penalty of $5,000 for each employee to whom such records pertain, except that a person who willfully commits such a failure shall be liable for such civil penalty for each pay period in which the failure occurs. In addition to any other penalties provided by law, any person who submits fraudulent information, records, or contracts under section 11A shall be subject to a civil penalty of $10,000 for the first such fraudulent act and $15,000 for each such subsequent fraudulent act.''.

Garment Consumer's Right-to-Know Act of 2002 - Amends the Fair Labor Standards Act of 1938 to establish recordkeeping and disclosure requirements for apparel manufacturers with respect to wages, hours, and other labor conditions of their contractors' employees.

To amend the Fair Labor Standards Act of 1938 to provide access to information about sweatshop conditions in the garment industry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Protection Act of 1996''. SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION. (a) General Rule.--Chapter 421 of title 49, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``Sec. 42121. Protection of employees providing air safety information ``(a) Discrimination Against Airline Employees.--No air carrier or contractor or subcontractor of an air carrier may discharge an employee of the air carrier or the contractor or subcontractor of an air carrier or otherwise discriminate against any such employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided to the Federal Government information relating to air safety under this subtitle or any other law of the United States; ``(2) has filed, caused to be filed, or is about to file or cause to be filed a proceeding relating to air carrier safety under this subtitle or any other law of the United States; ``(3) testified or is about to testify in such a proceeding; or ``(4) assisted or participated or is about to assist or participate in such a proceeding. ``(b) Department of Labor Complaint Procedure.-- ``(1) Filing and notification.-- ``(A) In general.--In accordance with this paragraph, a person may file (or have a person file on behalf of that person) a complaint with the Secretary of Labor if that person believes that an air carrier or contractor or subcontractor of an air carrier discharged or otherwise discriminated against that person in violation of subsection (a). ``(B) Requirements for filing complaints.--A complaint referred to in subparagraph (A) may be filed not later than 180 days after an alleged violation occurs. The complaint shall state the alleged violation. ``(C) Notification.--Upon receipt of a complaint submitted under subparagraph (A), the Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the complaint and the Administrator of the Federal Aviation Administration of the-- ``(i) filing of the complaint; ``(ii) allegations contained in the complaint; ``(iii) substance of evidence supporting the complaint; and ``(iv) opportunities that are afforded to the air carrier, contractor, or subcontractor under paragraph (2). ``(2) Investigation; preliminary order.-- ``(A) In general.--Not later than 60 days after receiving a complaint under paragraph (1), and after affording the air carrier, contractor, or subcontractor named in the complaint the opportunities specified in subparagraph (B), the Secretary of Labor shall conduct an investigation to determine whether there is reasonable cause to believe that a complaint submitted under this subsection has merit. ``(B) Opportunity for response.--Before the date specified in subparagraph (A), the Secretary of Labor shall afford the air carrier, contractor, or subcontractor named in the complaint an opportunity to-- ``(i) submit to the Secretary of Labor a written response to the complaint; and ``(ii) meet with a representative of the Secretary of Labor to present statements from witnesses. ``(C) Notification.--Upon completion of an investigation under subparagraph (A), the Secretary of Labor shall notify the complainant and the air carrier, contractor, or subcontractor alleged to have committed a violation of subsection (a) of the findings of the investigation. ``(D) Orders.--If, on the basis of the investigation conducted under this paragraph, the Secretary of Labor concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall-- ``(i) issue a preliminary order providing the relief prescribed by paragraph (3)(B); and ``(ii) provide a copy of the order to the parties specified in subparagraph (C). ``(E) Objections.--Not later than 30 days after receiving a notification under subparagraph (C), the air carrier, contractor, or subcontractor alleged to have committed a violation in a complaint filed under this subsection or the complainant may file an objection to the findings of an investigation conducted under this paragraph or a preliminary order issued under this paragraph and request a hearing on the record. The filing of an objection under this subparagraph shall not operate to stay any reinstatement remedy contained in a preliminary order issued under this paragraph. ``(F) Hearings.--A hearing requested under this paragraph shall be conducted expeditiously. ``(G) Final order.--If no hearing is requested by the date specified in subparagraph (E), a preliminary order shall be considered to be a final order that is not subject to judicial review. ``(3) Final order.-- ``(A) Deadline for issuance; settlement agreements.-- ``(i) In general.--Not later than 120 days after conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order that-- ``(I) provides relief in accordance with this paragraph; or ``(II) denies the complaint. ``(ii) Settlement agreement.--At any time before issuance of a final order under this paragraph, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the air carrier, contractor, or subcontractor alleged to have committed the violation. ``(B) Remedy.--If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the air carrier, contractor, or subcontractor that the Secretary of Labor determines to have committed the violation to-- ``(i) take action to abate the violation; ``(ii) reinstate the complainant to the former position of the complainant and ensure the payment of compensation (including back pay) and the restoration of terms, conditions, and privileges associated with the employment; and ``(iii) provide compensatory damages to the complainant. ``(C) Costs of complaint.--If the Secretary of Labor issues a final order that provides for relief in accordance with this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the air carrier, contractor, or subcontractor named in the order an amount equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred by the complainant (as determined by the Secretary of Labor) for, or in connection with, the bringing of the complaint that resulted in the issuance of the order. ``(D) Frivolous complaints.--If the Secretary of Labor finds that a complaint brought under paragraph (1) is frivolous or was brought in bad faith, the Secretary of Labor may award to the prevailing employer a reasonable attorney fee in an amount not to exceed $5,000. ``(4) Review.-- ``(A) Appeal to court of appeals.-- ``(i) In general.--Not later than 60 days after a final order is issued under paragraph (3), a person adversely affected or aggrieved by that order may obtain review of the order in the United States court of appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of that violation. ``(ii) Requirements for judicial review.--A review conducted under this paragraph shall be conducted in accordance with chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order that is the subject of the review. ``(B) Limitation on collateral attack.--An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(5) Enforcement of order by secretary of labor.-- ``(A) In general.--If an air carrier, contractor, or subcontractor named in an order issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil action in the United States district court for the district in which the violation occurred to enforce that order. ``(B) Relief.--In any action brought under this paragraph, the district court shall have jurisdiction to grant any appropriate form of relief, including injunctive relief and compensatory damages. ``(6) Enforcement of order by parties.-- ``(A) Commencement of action.--A person on whose behalf an order is issued under paragraph (3) may commence a civil action against the air carrier, contractor, or subcontractor named in the order to require compliance with the order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the order. ``(B) Attorney fees.--In issuing any final order under this paragraph, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party if the court determines that the awarding of those costs is appropriate. ``(c) Mandamus.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) shall not apply with respect to an employee of an air carrier, or contractor or subcontractor of an air carrier who, acting without direction from the air carrier (or an agent, contractor, or subcontractor of the air carrier), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States.''. (b) Conforming Amendment.--The chapter analysis for chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``42121. Protection of employees providing air safety information.''. SEC. 3. CIVIL PENALTY. Section 46301(a)(1)(A) of title 49, United States Code, is amended by striking ``subchapter II of chapter 421'' and inserting ``subchapter II or III of chapter 421''.

Aviation Safety Protection Act of 1996 - Amends Federal law regarding air commerce and safety to prescribe whistleblower protection guidelines for airline employees providing air safety information to the Federal government. Sets forth civil penalties for violation of such employees' protections.

Aviation Safety Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Income Tax Assistance Permanence Act of 2017''. SEC. 2. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. (a) In General.--Chapter 77 is amended by inserting after section 7526 the following new section: ``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. ``(a) Volunteer Income Tax Assistance Matching Grant Program.-- ``(1) Establishment of program.--The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program (hereinafter in this section referred to as the `VITA grant program'). Except as otherwise provided in this section, the VITA grant program shall be administered in a manner which is substantially similar to the Community Volunteer Income Tax Assistance matching grants demonstration program established under title I of division D of the Consolidated Appropriations Act, 2008. ``(2) Matching grants.-- ``(A) In general.--The Secretary may, subject to the availability of appropriated funds, make available grants under the VITA grant program to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low- income taxpayers and members of underserved populations. ``(B) Application.-- ``(i) In general.--Subject to clause (ii), in order to be eligible for a grant under this section, a qualified return preparation program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(ii) Accuracy review.--In the case of any qualified return preparation program which was awarded a grant under this section and was subsequently subject to a field site visit by the Internal Revenue Service (including through the Stakeholder Partnerships, Education, and Communication office) in which it was determined that the average accuracy rate for preparation of tax returns through such program was less than 90 percent, such program shall not be eligible for any additional grants under this section unless such program provides, as part of their application, sufficient documentation regarding the corrective measures established by such program to address the deficiencies identified following the field site visit. ``(C) Priority.--In awarding grants under this section, the Secretary shall give priority to applications-- ``(i) demonstrating assistance to low- income taxpayers, with emphasis on outreach to and services for such taxpayers, ``(ii) demonstrating taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, such as the earned income tax credit, and ``(iii) demonstrating specific outreach and focus on one or more underserved populations. ``(D) Duration of grants.--Upon application of a qualified return preparation program, the Secretary is authorized to award a multi-year grant not to exceed 3 years. ``(3) Aggregate limitation.--Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $30,000,000 per fiscal year (exclusive of costs of administering the program) to carry out the purposes of this section. ``(b) Use of Funds.-- ``(1) In general.--Qualified return preparation programs receiving a grant under this section may use the grant for-- ``(A) ordinary and necessary costs associated with program operation in accordance with Cost Principles Circulars as set forth by the Office of Management and Budget, including-- ``(i) for wages or salaries of persons coordinating the activities of the program, ``(ii) to develop training materials, conduct training, and perform quality reviews of the returns for which assistance has been provided under the program, and ``(iii) for equipment purchases and vehicle-related expenses associated with remote or rural tax preparation services, ``(B) outreach and educational activities described in subsection (a)(2)(C)(ii), and ``(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation. ``(2) Use of grants for overhead expenses prohibited.--No grant made under this section may be used for overhead expenses that are not directly related to any qualified return preparation program. ``(c) Promotion and Referral.-- ``(1) Promotion.--The Secretary shall promote the benefits of, and encourage the use of, tax preparation through qualified return preparation programs through the use of mass communications, referrals, and other means. ``(2) Internal revenue service referrals.--The Secretary may refer taxpayers to qualified return preparation programs receiving funding under this section. ``(3) VITA grantee referral.--Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Taxpayer Clinics individuals who are eligible to receive services at such clinics. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified return preparation program.--The term `qualified return preparation program' means any program-- ``(A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns, ``(B) which is administered by a qualified entity, ``(C) in which all of the volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and ``(D) which uses a quality review process which reviews 100 percent of all returns. ``(2) Qualified entity.-- ``(A) In general.--The term `qualified entity' means any entity which-- ``(i) is an eligible organization (as described in subparagraph (B)), ``(ii) is in compliance with Federal tax filing and payment requirements, ``(iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and ``(iv) agrees to provide documentation to substantiate any matching funds provided under the VITA grant program. ``(B) Eligible organization.-- ``(i) In general.--Subject to clause (ii), the term `eligible organization' means-- ``(I) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act, ``(II) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, ``(III) a local government agency, including-- ``(aa) a county or municipal government agency, and ``(bb) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103(13)), including any tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned tribal entity, or ``(IV) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of subclause (I), (II), or (III) acting as the applicant organization). ``(ii) Alternative eligible organization.-- If no eligible organization described in clause (i) is available to assist the targeted population or community, the term `eligible organization' shall include-- ``(I) a State government agency, and ``(II) a Cooperative Extension Service office. ``(3) Low-income taxpayers.--The term `low-income taxpayer' means a taxpayer who has income for the taxable year which does not exceed an amount equal to the completed phaseout amount under section 32(b) for a married couple filing a joint return with three or more qualifying children, as determined in a revenue procedure or other published guidance. ``(4) Underserved population.--The term `underserved population' includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, members of the Armed Forces and their spouses, and the elderly.''. (b) Clerical Amendment.--The table of sections for chapter 77 is amended by inserting after the item relating to section 7526 the following new item: ``7526A. Return preparation programs for low-income taxpayers.''.

Volunteer Income Tax Assistance Permanence Act of 2017 This bill directs the Internal Revenue Service (IRS) to establish a Community Volunteer Income Tax Assistance Matching Grant Program to provide matching funds for the development, expansion, or continuation of tax preparation programs to assist low-income taxpayers and members of underserved populations. The program must be substantially similar to the Community Volunteer Income Tax Assistance matching grants demonstration program established under the Consolidated Appropriations Act, 2008. Unless otherwise provided by a specific appropriation, the IRS may not allocate more than $30 million per fiscal year (exclusive of costs of administering the program) for the program.

Volunteer Income Tax Assistance Permanence Act of 2017

SECTION 1. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not to Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 2. ESTATE AND GIFT TAX RATES REDUCED TO 15 PERCENT OR, IF LOWER, THE GENERALLY APPLICABLE CAPITAL GAINS RATE FOR INDIVIDUALS. (a) Estate Tax.-- (1) In general.--Section 2001 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by striking subsections (b) and (c) and by inserting after subsection (a) the following new subsection: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 15 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976. For purposes of subparagraph (A)(ii), the term `adjusted taxable gifts' means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.''. (2) Conforming amendments.-- (A) Subsection (c) of section 2010 of such Code is amended by striking ``the applicable credit amount'' and all that follows through ``the applicable exclusion amount'' and inserting ``the applicable credit amount shall be the applicable percentage (as defined in section 2001(b)(2)) of the applicable exclusion amount''. (B) Subsection (b) of section 2101 of such Code is amended to read as follows: ``(b) Computation of Tax.--The tax imposed by this section shall be the amount equal to the excess (if any) of-- ``(1) 15 percent of the sum of-- ``(A) the amount of the taxable estate, and ``(B) the amount of the adjusted taxable gifts, over ``(2) the aggregate amount of tax paid under chapter 12 with respect to gifts made by the decedent after December 31, 1976.''. (C) Subsection (c) of section 2102 of such Code, as in effect prior to its redesignation by section 532(c)(7)(B) of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended-- (i) by striking ``$13,000'' each place it appears and inserting ``$12,000'', and (ii) by striking ``$46,800'' and inserting ``$35,000''. (D) Subsection (a) of section 2201 of such Code is amended by striking ``rate schedule set forth in section 2001(c)'' and inserting ``applicable percentage (as defined in section 2001(b)(2)''. (b) Gift Tax.-- (1) In general.--Section 2502 of such Code is amended to read as follows: ``SEC. 2502. RATE OF TAX. ``(a) General Rule.--The tax imposed by section 2501 for each calendar year shall be an amount equal to 15 percent of the sum of the taxable gifts for such calendar year. ``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501 shall be paid by the donor.''. (2) Conforming amendments.-- (A) Subchapter A of chapter 12 of such Code is amended by striking section 2504. (B) The table of sections for such subchapter is amended by striking the item relating to section 2504. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2006. SEC. 3. $5,000,000 EXEMPTION FROM ESTATE AND GIFT TAXES. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount), as amended by section 2, is amended by striking ``the applicable exclusion amount'' and all that follows and inserting ``$5,000,000.''. (b) Gift Tax.--Paragraph (1) of section 2505(a) of such Code (relating to general rule) is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (c) Effective Date.--The amendment made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2006.

Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which eliminated the estate and generation skipping transfer tax and carryover basis rules for estates. Reduces the estate tax rate to the lower of 15% or the capital gains income tax rate generally applicable to individual taxpayers. Reduces the gift tax rate to 15%. Establishes a single estate and gift tax unified credit amount of $5 million.

To amend the Internal Revenue Code of 1986 to restore the estate tax and repeal the carryover basis rule, to increase the estate and gift tax unified credit to an exclusion equivalent of $5,000,000, and to reduce the rate of the estate and gifts taxes to the generally applicable capital gains income tax rate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Telehealth Validation Act of 2001''. SEC. 2. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES. (a) Expanding Access to Telehealth Services to All Areas.-- (1) In general.--Section 1834(m), as added by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended in paragraph (4)(C)(i) by striking ``and only if such site is located'' and all that follows and inserting ``without regard to the geographic area where the site is located, and includes an entity that participates in a Federal telemedicine demonstration project that has been approved by (or receives funding from) the Secretary of Health and Human Services as of December 31, 2000.''. (2) Store and forward technology.--Such section is further amended in paragraph (1) by striking ``in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,''. (b) Increasing Types of Originating Sites.--Paragraph (4)(C)(ii) of such section 1834(m) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) An assisted living facility. ``(VIII) A board and care facility. ``(IX) A school. ``(X) A county mental health clinic. ``(XI) The residence of an individual enrolled under this part. (c) Facilitating the Provision of Telehealth Services Across State Lines.-- (1) In general.--For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare Program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner licensure across State lines. (2) Definitions.--In paragraph (1): (A) Telehealth service.--The term ``telehealth service'' has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)). (B) Physician, practitioner.--The terms ``physician'' and ``practitioner'' has the meaning given those terms in subparagraphs (D) and (E), respectively, of such section. (C) Medicare program.--The term ``medicare program'' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). SEC. 3. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Office for the Advancement of Telehealth (of the Health Resources and Services Administration), shall make grants to eligible recipients (as described in subsection (b)(1)) for the purpose of expanding access to health care services for individuals in rural areas, frontier areas, and medically underserved areas through the use of telehealth. (b) Eligible Recipients.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity described in paragraph (2) shall, in consultation with the State office of rural health or other appropriate State entity, prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) A description of the anticipated need for the grant. (B) A description of the activities which the entity intends to carry out using amounts provided under the grant. (C) A plan for continuing the project after Federal support under this section is ended. (D) A description of the manner in which the activities funded under the grant will meet health care needs of underserved rural populations within the State. (E) A description of how the local community or region to be served by the network or proposed network will be involved in the development and ongoing operations of the network. (F) The source and amount of non-Federal funds the entity would pledge for the project. (G) A showing of the long-term viability of the project and evidence of health care provider commitment to the network. The application should demonstrate the manner in which the project will promote the integration of telehealth in the community so as to avoid redundancy of technology and achieve economies of scale. (2) Eligible entities.--An eligible entity described in this paragraph is a hospital or other health care provider in a health care network of community-based health care providers that includes at least two of the organizations described in subparagraph (A) and one of the institutions and entities described in subparagraph (B) if the institution or entity is able to demonstrate use of the network for purposes of education or economic development (as required by the Secretary). (A) The organizations described in this subparagraph are the following: (i) Community or migrant health centers. (ii) Local health departments. (iii) Nonprofit hospitals. (iv) Private practice health professionals, including community and rural health clinics. (v) Other publicly funded health or social services agencies. (vi) Skilled nursing facilities. (vii) County mental health and other publicly funded mental health facilities. (viii) Providers of home health services. (B) The institutions and entities described in this subparagraph are the following: (i) A public school. (ii) A public library. (iii) A university or college. (iv) A local government entity. (v) A local health or nonhealth-related business entity. An eligible entity may include for-profit entities so long as the recipient of the grant is a not-for-profit entity. (d) Preference.--The Secretary shall establish procedures to prioritize financial assistance under this section based upon the following considerations: (1) The applicant is a health care provider in a health care network or a health care provider that proposes to form such a network that furnishes or proposes to furnish services in a medically underserved area, health professional shortage area, or mental health professional shortage area. (2) The applicant is able to demonstrate broad geographic coverage in the rural or medically underserved areas of the State, or States in which the applicant is located. (3) The applicant proposes to use Federal funds to develop plans for, or to establish, telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. (4) The applicant will use the amounts provided for a range of health care applications and to promote greater efficiency in the use of health care resources. (5) The applicant is able to demonstrate the long-term viability of projects through cost participation (cash or in- kind). (6) The applicant is able to demonstrate financial, institutional, and community support for the long-term viability of the network. (7) The applicant is able to provide a detailed plan for coordinating system use by eligible entities so that health care services are given a priority over non-clinical uses. (e) Maximum Amount of Assistance to Individual Recipients.--The Secretary shall establish, by regulation, the terms and conditions of the grant and the maximum amount of a grant award to be made available to an individual recipient for each fiscal year under this section. The Secretary shall cause to have published in the Federal Register or the ``HRSA Preview'' notice of the terms and conditions of a grant under this section and the maximum amount of such a grant for a fiscal year. (f) Use of Amounts.--The recipient of a grant under this section may use sums received under such grant for the acquisition of telehealth equipment and modifications or improvements of telecommunications facilities including the following: (1) The development and acquisition through lease or purchase of computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section. (2) The provision of technical assistance and instruction for the development and use of such programming equipment or facilities. (3) The development and acquisition of instructional programming. (4) Demonstration projects for teaching or training medical students, residents, and other health profession students in rural or medically underserved training sites about the application of telehealth. (5) The provision of telenursing services designed to enhance care coordination and promote patient self-management skills. (6) The provision of services designed to promote patient understanding and adherence to national guidelines for common chronic diseases, such as congestive heart failure or diabetes. (7) Transmission costs, maintenance of equipment, and compensation of specialists and referring health care providers. (8) Development of projects to use telehealth to facilitate collaboration between health care providers. (9) Electronic archival of patient records. (10) Collection and analysis of usage statistics and data that can be used to document the cost-effectiveness of the telehealth services. (11) Such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. (g) Prohibited Uses.--Sums received under a grant under this section may not be used for any of the following: (1) To acquire real property. (2) Expenditures to purchase or lease equipment to the extent the expenditures would exceed more than 40 percent of the total grant funds. (3) To purchase or install transmission equipment off the premises of the telehealth site and any transmission costs not directly related to the grant. (4) For construction, except that such funds may be expended for minor renovations relating to the installation of equipment. (5) Expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 20 percent of the total grant. (h) Administration.-- (1) Nonduplication.--The Secretary shall ensure that facilities constructed using grants provided under this section do not duplicate adequately established telehealth networks. (2) Coordination with other agencies.--The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies and not-for-profit organizations, operating similar grant programs to pool resources for funding meritorious proposals. (3) Informational efforts.--The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users located in rural and medically underserved areas of each State about the program authorized by this section. (i) Prompt Implementation.--The Secretary shall take such actions as are necessary to carry out the grant program as expeditiously as possible. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2008. SEC. 4. JOINT WORKING GROUP ON TELEMEDICINE. (a) In General.-- (1) Representation of rural areas.--The Joint Working Group on Telemedicine shall ensure that individuals that represent the interests of rural areas and medically underserved areas are members of the Group. (2) Mission.--The mission of the Joint Working Group on Telemedicine is-- (A) to identify, monitor, and coordinate Federal telehealth projects, data sets, and programs; (B) to analyze-- (i) how telehealth systems are expanding access to health care services, education, and information; (ii) the clinical, educational, or administrative efficacy and cost-effectiveness of telehealth applications; and (iii) the quality of the telehealth services delivered; and (C) to make further recommendations for coordinating Federal and State efforts to increase access to health services, education, and information in rural and medically underserved areas. (3) Annual reports.--Not later than two years after the date of enactment of this Act and each January 1 thereafter the Joint Working Group on Telemedicine shall submit to Congress a report on the status of the Group's mission and the state of the telehealth field generally. (b) Report Specifics.--The annual report required under subsection (a)(3) shall provide-- (1) an analysis of-- (A) the matters described in subsection (a)(3)(B); (B) the Federal activities with respect to telehealth; and (C) the progress of the Joint Working Group on Telemedicine's efforts to coordinate Federal telehealth programs; and (2) recommendations for a coordinated Federal strategy to increase health care access through telehealth. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary for the Joint Working Group on Telemedicine to carry out this section.

Medicare Telehealth Validation Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) make eligible for such services an entity that participates in a Federal telemedicine demonstration project approved by or financed through the Secretary of Health and Human Services as of December 31, 2000; (3) add to the facilities authorized to participate in the telehealth program; and (4) direct the Secretary to encourage and facilitate multistate practitioner licensure across State lines to facilitate the program.Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and medically underserved areas through the use of telehealth.Requires the Joint Working Group on Telemedicine to ensure that individuals representing the interests of rural and medically underserved areas are members of the Group.

To improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Reliability and Fuel Security Act''. SEC. 2. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. (a) Federal Tax Credit for Coal-Powered Electric Generation Units.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45T. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. ``(a) In General.--For purposes of section 38, in the case of a taxpayer who owns or leases a coal-powered electric generation unit, the coal-powered electric generation unit credit determined under this section for a taxable year shall be an amount equal to the lesser of 30 percent of qualified expenses paid or incurred by such taxpayer in such year or the product of-- ``(1) $13, multiplied by ``(2) the nameplate capacity rating in kilowatts of such unit. ``(b) Coal-Powered Electric Generation Unit.--For purposes of this section, the term `coal-powered electric generation unit' means an electric generation unit (as defined in section 48A(c)(6)) that uses coal to produce not less than 75 percent of the electricity produced by such unit. ``(c) Qualified Expenses.--For purposes of this section, the term `qualified expenses' means amounts paid or incurred for the operation or maintenance of a coal-powered electric generation unit, other than amounts paid or incurred for coal. ``(d) Transfer of Credit by Certain Public Entities.-- ``(1) In general.--If, with respect to a credit under subsection (a) for any taxable year-- ``(A) a qualified public entity would be the taxpayer (but for this paragraph), and ``(B) such entity elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the qualified public entity, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified public entity.--The term `qualified public entity' means-- ``(i) a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof, ``(ii) a mutual or cooperative electric company described in section 501(c)(12) or 1381(a)(2), or ``(iii) a not-for-profit electric utility which had or has received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(B) Eligible project partner.--With respect to coal-powered electric generation unit, the term `eligible project partner' means any person who-- ``(i) is responsible for operating, maintaining, or repairing such unit, ``(ii) participates in the provision, including transportation, of coal to such unit, ``(iii) provides financing for the construction or operation of such unit, or ``(iv) leases such unit. ``(3) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined at the partnership level-- ``(i) for purposes of paragraph (1)(A), a qualified public entity shall be treated as the taxpayer with respect to such entity's distributive share of such credit, and ``(ii) the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under paragraph (1), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the qualified public entity's taxable year with respect to which the credit was determined. ``(C) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to any coal-powered electric generation unit, the basis of such property shall be reduced by the amount of the credit so allowed. ``(f) Termination.--This section shall apply to taxable years beginning after December 31, 2017, and ending before January 1, 2023.''. (b) Conforming Amendment.--Section 501(c)(12)(I) is amended by inserting ``or 45T(d)(1)'' after ``section 45J(e)(I)''. (c) Credit Allowed Against Alternative Minimum Tax.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively; and (2) by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45T,''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45T. Coal-powered electric generation unit credit.''.

Electricity Reliability and Fuel Security Act This bill amends the Internal Revenue Code to allow a tax credit through 2022 for a portion of the expenses for the operation or maintenance of a coal-powered electric generation unit, excluding expenses for coal. The credit applies to taxpayers who own or lease an electric generation unit that uses coal to produce at least 75% of the electricity produced by the unit. Qualified public entities may transfer the credit to an eligible project partner. A "qualified public entity" is: (1) a federal, state, or local government entity or any political subdivision, agency, or instrumentality thereof; (2) a mutual or cooperative electric company; or (3) a not-for-profit electric utility which had or has received a loan or loan guarantee under the Rural Electrification Act of 1936. An "eligible project partner" is a person who: is responsible for operating, maintaining, or repairing the unit; participates in the provision, including transportation, of coal to the unit; provides financing for the construction or operation of the unit; or leases the unit.

Electricity Reliability and Fuel Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Outsourcing Security Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Government is increasingly relying on armed private security contractors to perform mission-critical and emergency essential functions that historically have been performed by United States military or Government personnel. (2) As of March 2011, the Department of Defense had approximately 155,000 contract employees operating in Iraq and Afghanistan, as compared to 145,000 members of the United States Armed Forces operating in these two theaters of war. (3) As of March 2011, the Department of Defense had deployed 9,207 armed private security contractors in Iraq and 18,971 in Afghanistan, a change from 10,743 and 4,111, respectively, in March 2009. (4) As of April 1, 2011, the Department of State had over 2,500 security contractors in Iraq and 1,272 in Afghanistan, under the Worldwide Personal Protective Services (WPPS) contract. (5) In September 2009, photos were published showing employees of ArmorGroup North America (AGNA), hired by the Department of State to provide security at the United States Embassy in Kabul, engaging in lewd sexual hazing and harassment. (6) Before the September 2009 incident, the Department of State had issued multiple deficiency notices, a cure notice, and a show-cause notice expressing grave concerns about the company's performance on the contract; one State Department official even wrote that the company's deficiencies ``endanger performance of the contract to such a degree that the security of the U.S. Embassy in Kabul is in jeopardy''. (7) On July 7, 2011, the Department of Justice announced that Armor Group North America paid a $7.5 million settlement to resolve charges that the company submitted false claims for payment on a State Department contract; the settlement resolves claims that AGNA guards violated the Trafficking Victims Protection Act by visiting brothels in Kabul with the knowledge of AGNA's management, as well as allegations that AGNA misrepresented the prior work experience of 38 third country nationals hired to guard the embassy. (8) A 2010 Senate Armed Services Committee investigation found that EOD Technology, the company hired to take over protection of the Kabul Embassy from AGNA, was suspected of hiring local warlords with possible Taliban ties, and in March 2011 the EODT contract was terminated for default. (9) In May 2009, four men employed as military trainers for Paravant LLC, a Blackwater affiliate, fired on a civilian vehicle in Kabul, killing one Afghan and wounding two others; two of the guards were convicted of involuntary manslaughter in March 2011. (10) On September 16, 2007, individuals hired by the company then known as Blackwater USA opened fire on Baghdad's Nisour Square, killing 17 Iraqis and wounding at least 20 others. (11) In August 2010, XE Services, LLC, the company formerly known as Blackwater, entered into a civil settlement with the State Department, under which the company agreed to pay a penalty of $42 million for 288 alleged violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). (12) In July 2010, The Washington Post quoted Secretary of Defense Robert Gates as saying ``This is a terrible confession . . . I can't get a number on how many contractors work for the Office of the Secretary of Defense.''. (13) On October 18, 2007, Secretary Gates stated that the work of many contractors in Iraq is ``at cross-purposes to our larger mission in Iraq,'' and that ``right now those missions are in conflict''. (14) In 2007, the Committee on Oversight and Government Reform of the House of Representatives investigated Blackwater's employment practices and found that the company's classification of its security guards may have allowed the firm to avoid paying Social Security, Medicare, and Federal income and employment taxes. (15) On Christmas Eve 2006, Blackwater contractor Andrew Moonen, while drunk, shot and killed a guard to Iraqi Vice President Adil Abd-al-Mahdi in the Green Zone, and though Mr. Moonen lost his job with Blackwater as a result of this incident, he was promptly hired by Combat Support Associates, another Department of Defense contractor, and sent to work in Kuwait. (16) In the wake of the 2004 killing of four Blackwater contractors in Fallujah, the families of the men killed filed a civil suit against the company, alleging that Blackwater failed to properly equip and man its armored vehicles; after nearly seven years in court, the case was thrown out when the families could reportedly no longer pay the court costs. (17) XE Services, LLC, the company formerly known as Blackwater, has also faced allegations of weapons smuggling and improperly licensing firearms; in April 2010, five former Blackwater employees, including former president Gary Jackson, were indicted on charges including conspiring to violate Federal firearm laws, possession of unregistered firearms, and obstruction of justice. (18) In response to a request from the Committee on Oversight and Government Reform of the House of Representatives, the Inspector General of the Small Business Administration investigated Blackwater in 2008 and found that the company may have misrepresented its small business status, enabling it to qualify for $110,000,000 in government contracts set aside specifically for small businesses. (19) Signed affidavits were filed in a civil lawsuit against Blackwater that company founder Erik Prince views himself ``as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe'', that he knowingly deployed ``demonstrably unfit men'' to Iraq, and that he used illegal ammunition, including a bullet designed to explode after entering the human body, among other charges. (20) In November 2007, a contractor employed by DynCorp International, LLC, reportedly shot and killed an unarmed taxi driver who, according to witnesses, posed no threat to the DynCorp convoy. (21) A January 2007 report by the Special Inspector General for Iraq Reconstruction stated that DynCorp billed the United States for millions of dollars of work that was never authorized. (22) In October 2007, an audit report issued by the Special Inspector General for Iraq Reconstruction stated that the Department of State ``does not know specifically what it received for most of the $1,200,000,000 in expenditures under its DynCorp Contract for the Iraqi Police Training Program''. (23) Congress does not have complete access to information about all security contracts, the number of armed private security contractors working in Iraq, Afghanistan, and other combat zones, the number of contractors who have died, and any disciplinary actions taken against contract personnel or companies. SEC. 3. DEFINITIONS. In this Act: (1) Mission critical or emergency essential functions.--The term ``mission critical or emergency essential functions''-- (A) means-- (i) activities for which continued performance is considered essential to support combat systems and operational activities; or (ii) activities whose delay, absence, or failure of performance would significantly affect the broader success or failure of a military operation; and (B) includes-- (i) the provision of protective services, including diplomatic security services; (ii) the provision of security advice and planning; (iii) military and police training; (iv) prison administration; (v) interrogation; and (vi) intelligence. (2) Contingency operation.--The term ``contingency operation'' has the meaning provided by section 101(a)(13) of title 10, United States Code. (3) Other significant military operations.--The term ``other significant military operations'' means activities, other than combat operations, that are carried out by United States Armed Forces in an uncontrolled or unpredictable high- threat environment where personnel performing security functions may be called upon to use deadly force. (4) Specified congressional committees.--The term ``specified congressional committees'' means the following committees: (A) The Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC SECURITY IN AREAS OF CONTINGENCY OPERATIONS AND OTHER SIGNIFICANT MILITARY OPERATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall ensure that all personnel working on behalf of the United States at any United States diplomatic or consular mission in areas of contingency operations and other significant military operations are provided diplomatic security services only by United States Government personnel. SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL AREAS OF CONTINGENCY OPERATIONS AND OTHER SIGNIFICANT MILITARY OPERATIONS. (a) Report by President.-- (1) Requirement.--Not later than June 1, 2012, the President shall submit to the specified congressional committees a report on the status of planning for the transition away from the use of private contractors for mission critical or emergency essential functions by January 1, 2013, in all areas of contingency operations and other significant military operations. (2) Additional matters covered.--If the report submitted under paragraph (1) states that the relevant agencies will not be able to transition to government and military personnel for such functions by January 1, 2013, the President shall include in the report the following: (A) A statement of the reasons why the relevant agencies are unable to do so, the date by which they will be able to do so, and the plan to ensure that they will be able to do so by that date. (B) A certification that-- (i) all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses; (ii) no contract employees are subject to pending criminal charges; (iii) all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction); (iv) contract employees, if accused of crimes by the host country, must remain in United States custody; and (v) contracts include whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions. (3) Form of report.--The report required by this subsection shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary. (b) Examination of Contractor Accounting Practices.--Any individual or entity under contract with the Federal Government to provide mission critical or emergency essential functions after January 1, 2013, shall allow the specified congressional committees to examine their accounting practices with respect to any such contract quarterly and upon request. (c) Requirements Relating to Contract Renewals.--Any contract with the Federal Government requiring personnel to perform mission critical or emergency essential functions that is proposed to be renewed after the date of the enactment of this Act may be renewed only if-- (1) the President reports to the specified congressional committees that the relevant agency does not have adequate personnel to perform the duties stipulated in the contract; and (2) the President certifies that-- (A) all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses; (B) no contract employees are subject to pending criminal charges; (C) all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction); (D) contract employees, if accused of crimes by the host country, must remain in the custody of the United States; and (E) the contract includes whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions. SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. (a) Requirement To Allow Congress Access to Copies and Descriptions of Certain Contracts and Task Orders.-- (1) Requirement regarding contracts and task orders before enactment.--The Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall allow the chairman and the ranking minority member of each specified congressional committee access to a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $5,000,000 entered into by the Department of Defense, the Department of State, the Department of the Interior, and the Agency for International Development, respectively, during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in areas of contingency operations and other significant military operations. (2) Form of submissions.--The copies and descriptions required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary. (b) Reports on Contracts for Work To Be Performed in Areas of Contingency Operations and Other Significant Military Operations.--The Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall each submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information: (1) The number of persons performing work in areas of contingency operations and other significant military operations under contracts (and subcontracts at any tier) entered into by Department of Defense, the Department of State, the Department of the Interior, and the United States Agency for International Development, respectively. (2) The total cost of such contracts. (3) The total number of persons who have been wounded or killed in performing work under such contracts. (4) A description of the disciplinary actions that have been taken against persons performing work under such contracts by the contractor, the United States Government, or the government of any country in which the area of contingency operations or other significant military operations is located.

Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only U.S. government personnel provide diplomatic security services to personnel working on behalf of the United States at U.S. diplomatic or consular missions in areas of: (1) contingency operations; and (2) other significant military operations, other than combat operations, where security personnel may be called upon to use deadly force. Requires the President to report to Congress, by June 1, 2012, on the status of planning for the transition away from the use of private contractors for specified mission critical or emergency essential functions by January 1, 2013, in all areas of such operations. Directs any individual or entity under contract with the federal government to provide mission critical or emergency essential functions after such date to allow Congress to examine their accounting practices. Outlines additional requirements relating to renewals of such contracts. Authorizes specified congressional access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the U.S. Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in areas of such operations. Requires certain reports to Congress regarding contracts for the performance of work in areas of such operations.

To phase out the use of private military contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017''. 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 (3) 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.''. SEC. 3. ORPHAN DRUGS. (a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended-- (1) in subsection (a), in the matter following paragraph (2), by striking ``such drug for such disease or condition'' and inserting ``the same drug for the same disease or condition''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``If an application'' and all that follows through ``such license if'' and inserting ``During the 7-year period described in subsection (a) for an approved application under section 505 or license under section 351 of the Public Health Service Act, the Secretary may approve an application or issue a license for a drug that is otherwise the same, as determined by the Secretary, as the already approved drug for the same rare disease or condition if''; (B) in paragraph (1), by striking ``notice'' and all that follows through ``assure'' and inserting ``of exclusive approval or licensure notice and opportunity for the submission of views, that during such period the holder of the exclusive approval or licensure cannot ensure''; and (C) in paragraph (2), by striking ``such holder provides'' and inserting ``the holder provides''; and (3) by adding at the end the following: ``(c) Condition of Clinical Superiority.-- ``(1) In general.--If a sponsor of a drug that is designated under section 526 and is otherwise the same, as determined by the Secretary, as an already approved or licensed drug is seeking exclusive approval or exclusive licensure described in subsection (a) for the same rare disease or condition as the already approved drug, the Secretary shall require such sponsor, as a condition of such exclusive approval or licensure, to demonstrate that such drug is clinically superior to any already approved or licensed drug that is the same drug. ``(2) Definition.--For purposes of paragraph (1), the term `clinically superior' with respect to a drug means that the drug provides a significant therapeutic advantage over and above an already approved or licensed drug in terms of greater efficacy, greater safety, or by providing a major contribution to patient care. ``(d) Regulations.--The Secretary may promulgate regulations for the implementation of subsection (c). Beginning on the date of enactment of the Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017, until such time as the Secretary promulgates regulations in accordance with this subsection, the Secretary may apply any definitions set forth in regulations that were promulgated prior to such date of enactment, to the extent such definitions are not inconsistent with the terms of this section, as amended by such Act. ``(e) Demonstration of Clinical Superiority Standard.--To assist sponsors in demonstrating clinical superiority as described in subsection (c), the Secretary-- ``(1) upon the designation of any drug under section 526, shall notify the sponsor of such drug in writing of the basis for the designation, including, as applicable, any plausible hypothesis offered by the sponsor and relied upon by the Secretary that the drug is clinically superior to a previously approved drug; and ``(2) upon granting exclusive approval or licensure under subsection (a) on the basis of a demonstration of clinical superiority as described in subsection (c), shall publish a summary of the clinical superiority findings.''. (b) Rule of Construction.--Nothing in the amendments made by subsection (a) shall affect any determination under sections 526 and 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb, 360cc) made prior to the date of enactment of the Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017. SEC. 4. PEDIATRIC INFORMATION ADDED TO LABELING. Section 505A(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(o)) is amended-- (1) in the subsection heading, by striking ``Under Section 505(j)''; (2) in paragraph (1)-- (A) by striking ``under section 505(j)'' and inserting ``under subsection (b)(2) or (j) of section 505''; and (B) by striking ``or by exclusivity under clause (iii) or (iv) of section 505(j)(5)(F)'' and inserting ``, or by exclusivity under clause (iii) or (iv) of section 505(j)(5)(F), clauses (iii) and (iv) of section 505(c)(3)(E), or section 527(a), or by an extension of such exclusivity under this section or section 505E''; (3) in paragraph (2), in the matter preceding subparagraph (A)-- (A) by inserting ``clauses (iii) and (iv) of section 505(c)(3)(E), or section 527,'' after ``section 505(j)(5)(F),''; and (B) by striking ``drug approved under section 505(j)'' and inserting ``drug approved pursuant to an application submitted under subsection (b)(2) or (j) of section 505''; and (4) by amending paragraph (3) to read as follows: ``(3) Preservation of pediatric exclusivity and other provisions.--This subsection does not affect-- ``(A) the availability or scope of exclusivity under-- ``(i) this section; ``(ii) section 505 for pediatric formulations; or ``(iii) section 527; ``(B) the question of the eligibility for approval of any application under subsection (b)(2) or (j) of section 505 that omits any other conditions of approval entitled to exclusivity under-- ``(i) clause (iii) or (iv) of section 505(j)(5)(F); ``(ii) clause (iii) or (iv) of section 505(c)(3)(E); or ``(iii) section 527; or ``(C) except as expressly provided in paragraphs (1) and (2), the operation of section 505 or section 527.''.

Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to extend by six months the exclusivity period for an approved drug or biological product 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). The FDA may revoke an extension if the application for the new indication contained an untrue material statement. The FDA must notify the public of products that receive this extension and patents related to those products. Products may receive only one of these extensions. This extension is in addition to other extensions. Only products approved after enactment of this bill for a new indication that is a rare disease or condition are eligible for an extension. For a medication to be approved as an orphan drug with seven years of marketing exclusivity when it is the same medication for the same condition as an already approved orphan drug, the sponsor of the new medication must demonstrate that the new medication is clinically superior to the approved medication. The bill expands to cover brand name drugs provisions that allow generic drugs to be approved and marketed without labeling for pediatric indications when the pediatric indications are protected by patent or marketing exclusivity.

Orphan Products Extension Now Accelerating Cures and Treatments Act of 2017

SECTION 1. NATIONAL HEALTH MUSEUM PROPERTY. (a) Short Title and Purpose.-- (1) Short title.--This section may be cited as the ``National Health Museum Site Selection Act''. (2) Purpose.--The purpose of this section is to further section 703 of the National Health Museum Development Act (20 U.S.C. 50 note; Public Law 105-78), which provides that the National Health Museum shall be located on or near the Mall on land owned by the Federal Government or the District of Columbia. (b) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Museum.--The term ``Museum'' means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from Federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (3) Property.--The term ``property'' means-- (A) a parcel of land identified as Lot 24 and a closed interior alley in Square 579 in the District of Columbia, generally bounded by 2nd, 3rd, C, and D Streets, S.W.; and (B) all improvements on and appurtenances to the land and alley. (c) Conveyance of Property.-- (1) In general.--The Administrator shall convey to the Museum all rights, title, and interest of the United States in and to the property. (2) Purpose of conveyance.--The purpose of the conveyance is to provide a site for the construction and operation of a new building to serve as the National Health Museum, including associated office, educational, conference center, visitor and community services, and other space and facilities appropriate to promote knowledge and understanding of health issues. (3) Date of conveyance.-- (A) Notification.--Not later than 3 years after the date of enactment of this Act, the Museum shall notify the Administrator in writing of the date on which the Museum will accept conveyance of the property. (B) Date.--The date of conveyance shall be-- (i) not less than 270 days and not more than 1 year after the date of the notice; but (ii) not earlier than April 1, 2001, unless the Administrator and the Museum agree to an earlier date. (C) Effect of failure to notify.--If the Museum fails to provide the notice to the Administrator by the date described in subparagraph (A), the Museum shall have no further right to the property. (4) Quitclaim deed.--The property shall be conveyed to the Museum vacant and by quitclaim deed. (5) Purchase price.-- (A) In general.--The purchase price for the property shall be the fair market value of the property as of the date of enactment of this Act. (B) Timing; appraisers.--The determination of fair market value shall be made not later than 180 days after the date of enactment of this Act by qualified appraisers jointly selected by the Administrator and the Museum. (D) Report to congress.--Promptly upon the determination of the purchase price, and in any event at least sixty days in advance of the conveyance of the property, the Administrator shall report to Congress as to the purchase price. (E) Deposit of purchase price.--The Administrator shall deposit the purchase price into the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (d) Reversionary Interest in the United States.-- (1) In general.--The property shall revert to the United States if-- (A) during the 50-year period beginning on the date of conveyance of the property, the property is used for a purpose not authorized by subsection (c)(2); (B) during the 3-year period beginning on the date of conveyance of the property, the Museum does not commence construction on the property, other than for a reason not within the control of the Museum; or (C) the Museum ceases to be exempt from Federal income taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986. (2) Repayment.--If the property reverts to the United States, the United States shall repay the Museum the full purchase price for the property, without interest. (e) Authority of Museum Over Property.--The Museum may-- (1) demolish or renovate any existing or future improvement on the property; (2) build, own, operate, and maintain new improvements on the property; (3) finance and mortgage the property on customary terms and conditions; and (4) manage the property in furtherance of this section. (f) Land Use Approvals.-- (1) Effect on other authority.--Nothing in this section shall be construed to limit the authority of the National Capital Planning Commission or the Commission of Fine Arts. (2) Cooperation concerning zoning.-- (A) In general.--The United States shall cooperate with the Museum with respect to any zoning or other matter relating to-- (i) the development or improvement of the property; or (ii) the demolition of any improvement on the property as of the date of enactment of this Act. (B) Zoning applications.--Cooperation under subparagraph (A) shall include making, joining in, or consenting to any application required to facilitate the zoning of the property. (g) Environmental Hazards.--Costs of remediation of any environmental hazards existing on the property, including all asbestos- containing materials, shall be borne by the United States. Environmental remediation shall commence immediately upon the vacancy of the building and shall be completed not later than 270 days from the date of the notice to the Administrator described in subsection (c)(3)(A). (h) Reports.--Following the date of enactment of this Act and ending on the date that the National Health Museum opens to the public, the Museum shall submit annual reports to the Administrator and Congress, regarding the status of planning, development, and construction of the National Health Museum.

Requires the Museum to provide written notification to the Administrator of the date on which it will accept conveyance of the property. Sets forth provisions regarding the purchase price for the property, including requiring the Administrator to report the purchase price to Congress and to deposit it into the Federal Buildings Fund. Provides for reversion of the property to the United States and repayment of the purchase price to the Museum if : (1) it is used for a purpose other than construction and operation of the Museum; (2) the Museum does not commence construction on the property within three years after conveyance, other than for a reason not within the Museum's control; or (3) the Museum ceases to be a nonprofit corporation. Permits the Museum to: (1) demolish or renovate any existing or future improvement on the property; (2) build, own, operate, and maintain new improvements on the property; (3) finance and mortgage the property on customary terms and conditions; and (4) manage the property. Requires the United States to cooperate with the Museum on any zoning or other matter relating to the development or improvement of the property or the demolition of any improvement. Requires the costs of remediation of any environmental hazards existing on the property, including all asbestos-containing materials, to be borne by the United States. Requires the Museum to submit annual reports to the Administrator and Congress on the status of planning, development, and construction of the Museum.

National Health Museum Site Selection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Servant Retirement Protection Act''. SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION PROVISION. Paragraph (7) of section 215(a) of the Social Security Act (42 U.S.C. 415(a)(7)) is repealed. SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH NON-COVERED EMPLOYMENT. (a) Substitution of Proportional Formula for Formula Based on Covered Portion of Periodic Benefit.-- (1) In general.--Section 215(a) of the Social Security Act (as amended by section 2 of this Act) is amended further by inserting after paragraph (6) the following new paragraph: ``(7)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection, who-- ``(i) attains age 62 after 1985 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or ``(ii) would attain age 62 after 1985 and becomes eligible for a disability insurance benefit after 1985, and who first becomes eligible after 1985 for a monthly periodic payment (including a payment determined under subparagraph (E), but excluding (I) a payment under the Railroad Retirement Act of 1974 or 1937, (II) a payment by a social security system of a foreign country based on an agreement concluded between the United States and such foreign country pursuant to section 233, and (III) a payment based wholly on service as a member of a uniformed service (as defined in section 210(m)) which is based in whole or in part upon his or her earnings for service which did not constitute `employment' as defined in section 210 for purposes of this title (hereafter in this paragraph and in subsection (d)(3) referred to as `noncovered service'), the primary insurance amount of that individual during his or her concurrent entitlement to such monthly periodic payment and to old-age or disability insurance benefits shall be computed or recomputed under subparagraph (B) or subparagraph (D) (as applicable). ``(B) In the case of an individual who first performs service described in subparagraph (A) after the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act, if paragraph (1) of this subsection would apply to such individual (except for subparagraph (A) of this paragraph), the individual's primary insurance amount shall be the product derived by multiplying-- ``(i) the individual's primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (C)(i) of this paragraph, by ``(ii) a fraction-- ``(I) the numerator of which is the individual's average indexed monthly earnings (determined without regard to subparagraph (C)(i)), and ``(II) the denominator of which is an amount equal to the individual's average indexed monthly earnings (as determined under subparagraph (C)(i)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. ``(C)(i) For purposes of determining an individual's primary insurance amount pursuant to subparagraph (B)(i), the individual's average indexed monthly earnings shall be determined by treating all service performed after 1950 on which the individual's monthly periodic payment referred to in subparagraph (A) is based (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) as `employment' as defined in section 210 for purposes of this title (together with all other service performed by such individual consisting of `employment' as so defined). ``(ii) For purposes of determining average indexed monthly earnings as described in clause (i), the Commissioner of Social Security shall provide by regulation for a method for determining the amount of wages derived from service performed after 1950 on which the individual's periodic benefit is based and which is to be treated as `employment' solely for purposes of clause (i). Such method shall provide for reliance on employment records which are provided to the Commissioner and which constitute a reasonable basis for treatment of service as `employment' for such purposes, together with such other information received by the Commissioner as the Commissioner may consider appropriate as a reasonable basis for treatment of service as `employment' for such purposes. ``(D)(i) In the case of an individual who has performed service described in subparagraph (A) during or before the 12th calendar month following the date of the enactment of the Public Servant Retirement Protection Act, if paragraph (1) of this subsection would apply to such individual (except for subparagraph (A) of this paragraph), there shall first be computed an amount equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that for purposes of such computation the percentage of the individual's average indexed monthly earnings established by subparagraph (A)(i) of paragraph (1) shall be the percent specified in clause (ii). There shall then be computed (without regard to this paragraph) a second amount, which shall be equal to the individual's primary insurance amount under paragraph (1) of this subsection, except that such second amount shall be reduced by an amount equal to one-half of the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) and to which the individual is entitled (or is deemed to be entitled) for the initial month of his or her concurrent entitlement to such monthly periodic payment and old- age or disability insurance benefits. There shall then be computed (without regard to this paragraph) a third amount, which shall be equal to the individual's primary insurance amount determined under subparagraph (B) as if subparagraph (B) applied in the case of such individual. The individual's primary insurance amount shall be the largest of the three amounts computed under this subparagraph (before the application of subsection (i)). ``(ii) For purposes of clause (i), the percent specified in this clause is-- ``(I) 80.0 percent with respect to individuals who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62) in 1986; ``(II) 70.0 percent with respect to individuals who so become eligible in 1987; ``(III) 60.0 percent with respect to individuals who so become eligible in 1988; ``(IV) 50.0 percent with respect to individuals who so become eligible in 1989; and ``(V) 40.0 percent with respect to individuals who so become eligible in 1990 or thereafter. ``(E)(i) Any periodic payment which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly payment (as determined by the Commissioner of Social Security), and such equivalent monthly payment shall constitute a monthly periodic payment for purposes of this paragraph. ``(ii) In the case of an individual who has elected to receive a periodic payment that has been reduced so as to provide a survivor's benefit to any other individual, the payment shall be deemed to be increased (for purposes of any computation under this paragraph or subsection (d)(3) by the amount of such reduction. ``(iii) For purposes of this paragraph, the term `periodic payment' includes a payment payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. ``(F)(i) Subparagraph (D) shall not apply in the case of an individual who has 30 years or more of coverage. In the case of an individual who has more than 20 years of coverage but less than 30 years of coverage (as so defined), the percent specified in the applicable subdivision of subparagraph (D)(ii) shall (if such percent is smaller than the applicable percent specified in the following table) be deemed to be the applicable percent specified in the following table: ``If the number of such The applicable percent is: individual's years of coverage (as so defined) is: 29..................................................... 85 28..................................................... 80 27..................................................... 75 26..................................................... 70 25..................................................... 65 24..................................................... 60 23..................................................... 55 22..................................................... 50 21..................................................... 45 ``(ii) For purposes of clause (i), the term `year of coverage' shall have the meaning provided in paragraph (1)(C)(ii), except that the reference to `15 percent' therein shall be deemed to be a reference to `25 percent'. ``(G) An individual's primary insurance amount determined under this paragraph shall be deemed to be computed under paragraph (1) of this subsection for the purpose of applying other provisions of this title. ``(H) This paragraph shall not apply in the case of an individual whose eligibility for old-age or disability insurance benefits is based on an agreement concluded pursuant to section 233 or an individual who on January 1, 1984-- ``(i) is an employee performing service to which social security coverage is extended on that date solely by reason of the amendments made by section 101 of the Social Security Amendments of 1983; or ``(ii) is an employee of a nonprofit organization which (on December 31, 1983) did not have in effect a waiver certificate under section 3121(k) of the Internal Revenue Code of 1954 and to the employees of which social security coverage is extended on that date solely by reason of the amendments made by section 102 of that Act, unless social security coverage had previously extended to service performed by such individual as an employee of that organization under a waiver certificate which was subsequently (prior to December 31, 1983) terminated.''. (2) Conforming amendments.-- (A) Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is amended-- (i) by striking ``subsection (a)(7)(C)'' each place it appears and inserting ``subsection (a)(7)(E)''; (ii) by striking ``subparagraph (E)'' and inserting ``subparagraph (H)''; and (iii) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)(i)''. (B) Section 215(f)(9)(A) of such Act (42 U.S.C. 415(f)(9)(A)) is amended by striking ``(a)(7)(C)'' and inserting ``(a)(7)(E)''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to monthly insurance benefits for months commencing with or after the 12th calendar month following the date of the enactment of this Act. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments made by this Act.

Public Servant Retirement Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to repeal the current windfall elimination provisions (which reduce Social Security benefits of retirees who paid into the Social Security system for part of their careers and who also receive a government pension from work in the public sector not covered by Social Security) and to replace them with a formula that treats non-Social Security earnings as if they were Social Security earnings for the purpose of calculating lifetime earnings for certain individuals.

To amend title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Terrorist Threat Assessment and Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The September 11 terrorist attacks in New York City, Washington, D.C., and Pennsylvania were the deadliest and costliest terrorist attacks against the United States in its history, resulting in the deaths of over 3,000 people at the World Trade Center, Pentagon, and Pennsylvania crash site. (2) The economic and cleanup costs as a result of the September 11 terrorist attacks are estimated at $1,000,000,000 in New York City alone. (3) The attacks have resulted in massive economic disruption to the United States. The New York Stock Exchange's Dow Jones Industrial Average dropped over 12 percent and the NASDAQ market dropped 11.7 percent within the first 2 weeks after the attacks. (4) The September 11 attacks represent a dramatic expansion in the ability of terrorists to inflict massive damage, including the wide-scale loss of human life and economic disruption to the United States and the world. (5) Terrorists are willing to use any and all methods to bring about their desire to destroy human life and property. (6) The terrorists who attacked the United States have demonstrated their willingness and desire to target innocent civilians. (7) Terrorists can be expected to continue to improve their destructive capabilities. Their networks have become more sophisticated and resourceful in carrying out heinous acts of destruction. (8) Since its inception in March 2002, the threat alert has consistently been at an ``elevated'' level, reaching a level of ``high'' 4 times. (9) To counter this threat, the United States should take every reasonable step, consistent with the principles upon which this country was founded, to restrict terrorists' ability to inflict damage against the United States. (10) Instead of making the United States safer, the proposed Yucca Mountain Project, as currently designed, would give terrorists an obvious huge, easy-to-attack target that, at any point, could cause massive economic and civilian casualties within the United States. (11) The Yucca Mountain Project proposes to ship 77,000 tons of deadly high-level radioactive nuclear waste throughout the United States over the next 30 to 40 years. High-level radioactive nuclear waste is one of the most toxic substances known to mankind. (12) While there is concern about the potential terrorist attacks directed against spent fuel stored at nuclear facilities, exponentially more radioactive waste would be stored, including potentially above ground, at Yucca Mountain, than at any existing nuclear facility, making Yucca Mountain an inviting target for terrorism. (13) The waste would be transported by rail and by truck through at least 43 States, through hundreds of cities and towns, and through more than 360 congressional districts. (14) Findings of the Nevada State Nuclear Projects Agency demonstrate that a July 18, 2001, train accident in a Baltimore tunnel created a fire situation that would have been hot enough to breach a nuclear waste cask and release a cloud of suspended radioactive particles. Such findings conclude that this type of contamination would spread over 33 square miles, cost more than $13,000,000,000 to clean up, and cause up to 31,824 cancer- related deaths. (15) At almost every stage of the Yucca Mountain Project, high-level radioactive nuclear waste would be very vulnerable to terrorist attacks. Terrorists could attack or steal the waste as it travels on our roads, highways, railways, or waterways, as it is stored or moved at intermodal storage facilities or storage depots, or at the proposed repository itself. (16) The United States Government, in attempting to implement the Nuclear Waste Policy Act of 1982, has not sufficiently addressed the threat of terrorist attacks. (17) The Department of Energy has failed to address the Yucca Mountain Project's vulnerability to terrorism and sabotage, intrusions, trespassing, vandalism, arson, and bomb- related incidents, as expressed by the State of Nevada and independent researchers throughout the country. As a result, the Department of Energy has failed to discuss or provide any plan for prevention and response to terrorist attacks directed at Yucca Mountain. (18) The Department of Energy's current methodology for assessing risks seriously underestimates those associated with sabotage and terrorism against radioactive shipments, waste stored at intermodal storage facilities or storage depots, and at Yucca Mountain itself. (19) The Nuclear Regulatory Commission, the agency in charge of protecting public health and safety and the environment from the harmful effects of nuclear waste, has not revised its rules regarding the transportation of nuclear waste since the early 1970s. The antiquated rules do not address modern-day threats and weapons, nor the increased risk posed by today's most violent and maniacal terrorists. SEC. 3. YUCCA MOUNTAIN PROJECT VULNERABILITY AND DEFENSE PLAN. The Secretary of Homeland Security shall coordinate the development and implementation of an interagency plan, in conjunction with appropriate Federal, State, and local agencies and with public input, to prepare for and defend against Federal crimes of terrorism targeting any aspect of the Yucca Mountain Project. The interagency plan shall-- (1) include a comprehensive analysis of the safety and vulnerability to Federal crimes of terrorism of the Yucca Mountain Project; (2) address attacks against-- (A) rail, truck, and barge shipments of nuclear waste; (B) facilities, equipment, infrastructure, and vehicles used for such shipments of nuclear waste; (C) personnel working for the Yucca Mountain Project; (D) all intermediary, staging, transfer, intermodal, and temporary storage facilities used for shipping nuclear waste to the Yucca Mountain repository; (E) Yucca Mountain repository facilities, vehicles, and equipment; (F) all water and power systems used by the Yucca Mountain Project; and (G) nuclear waste containers for transportation, transfer, or storage; (3) give special emphasis to addressing-- (A) the use of nuclear waste as a radiological weapon; (B) the use of high-energy explosives, antitank missiles, armor-piercing technologies, and other sophisticated technologies; and (C) sabotage or theft of high-level nuclear waste; (4) include a comprehensive strategy for defending the Yucca Mountain Project against all Federal crimes of terrorism, which shall address-- (A) vulnerabilities analyzed under paragraph (1); (B) the defense of the Yucca Mountain Project against air and ground assaults, truck bombs, attacks using sophisticated armor-piercing technologies, suicide attacks, and other potential military-style attacks; (C) credible worst-case assumptions about the timing and location of potential attacks; (D) the effects of weather conditions during and after attacks; (E) the use of expanded no-fly zones, and the development of policy regarding infractions of a no-fly zone, over key areas involved in the Yucca Mountain Project, with emphasis paid to whether the size of the no-fly zone is sufficient to protect against an airborne attack, ways of defending against this type of attack, and whether there is ample time for our national defense to defend against an infraction of the no-fly zone; (F) the use of background and security checks of all personnel related to the transport of nuclear waste to Yucca Mountain; (G) developing a uniform Federal standard for the use of deadly force to protect all aspects of the Yucca Mountain Project; and (H) specific rules of engagement for a potential airborne attack; and (5) include an analysis of the economic, public health, and environmental costs and impacts of implementing the interagency plan. SEC. 4. YUCCA MOUNTAIN PROJECT TERRORISM CONSEQUENCE ASSESSMENT AND RESPONSE PLAN. The Federal Emergency Management Agency, in coordination with appropriate Federal, State, and local agencies, shall coordinate the development and implementation of a comprehensive interagency plan to ensure that Federal, State, and local government response plans and programs can respond adequately to the consequences of Federal crimes of terrorism directed against any stage of the Yucca Mountain Project. The plan shall include-- (1) necessary preresponse preparations and evacuation plans for Federal, State, and local governments; (2) procedures for notifying State and local emergency response units when nuclear waste is transported through their local area; (3) an analysis and a comprehensive set of procedures to address the impacts of Federal crimes of terrorism that result in a release of radioactive materials including-- (A) immediate and long-term public health effects; (B) environmental impacts, broadly defined; (C) direct socioeconomic impacts, including cleanup and disposal costs and opportunity costs, to affected individuals and businesses; and (D) indirect socioeconomic impacts, including economic losses resulting from perceptions of risk and stigma effects; and (4) a comprehensive cost-benefit analysis of the economic, public health, and environmental effects of implementing the plan, including analysis of the repercussions and costs from a wide range of types of Federal crimes of terrorism. SEC. 5. TECHNICAL REVIEW. The Secretary of Homeland Security and the Federal Emergency Management Agency shall enter into appropriate arrangements with the National Research Council for technical review of the plans developed under sections 3 and 4, respectively. Such reviews shall-- (1) address the strengths and shortcomings of the analyses and preparations set forth in the plans; and (2) pay special attention to-- (A) the need for comprehensive and reliable physical testing, including full-scale-to-destruction and scale model testing, to evaluate weapons capabilities and limitations; (B) container vulnerability to high-energy explosive devices, and the effects on nuclear waste; and (C) the appropriateness of existing computer models for evaluating near-site environmental dispersion of released radionuclides, resulting health effects, and cleanup and disposal requirements. SEC. 6. DEPARTMENT OF ENERGY RECOMMENDATION. The Secretary of Energy shall not submit a license application under section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), and the Nuclear Regulatory Commission shall not issue any license for a repository at Yucca Mountain under section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)), unless-- (1) the interagency plans required under sections 3 and 4 are completed and included in the final environmental impact statement for Yucca Mountain, and all rules and recommendations implemented completely; (2) public hearings have been held for all affected populations; (3) the Secretary has certified that all facets of the Yucca Mountain Project are not vulnerable to Federal crimes of terrorism; and (4) the Secretary of Homeland Security has prepared and transmitted to the Congress a report on the potential liability costs and damages resulting from a wide range of Federal crimes of terrorism against the Yucca Mountain Project. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``Federal crime of terrorism'' has the meaning given that term in section 2332b(g)(5) of title 18, United States Code; and (2) the term ``Yucca Mountain Project'' means all aspects of the high-level nuclear waste repository currently being studied at Yucca Mountain. The term includes all Department of Energy transportation plans, interim storage facilities, intermodal transfer facilities, repositories, and any other site where high-level waste will be handled in relation to the Yucca Mountain Project.

Nuclear Waste Terrorist Threat Assessment and Protection Act - Directs the Secretary of Homeland Security to coordinate the development and implementation of an interagency plan to prepare for and defend against terrorist crimes targeting the Yucca Mountain Project (high-level nuclear waste repository being studied at Yucca Mountain, Nevada). Requires that the plan: (1) include a comprehensive analysis of the safety and vulnerability of the Project to terrorism; (2) address specified types of attacks; (3) give special emphasis to addressing the use of nuclear waste as a radiological weapon, the use of specified technologies, and sabotage or theft of high-level nuclear waste; and (4) include a comprehensive strategy for defending against terrorism and an analysis of the economic, public health, and environmental costs and impacts of implementing the interagency plan. Directs the Federal Emergency Management Agency (FEMA) to coordinate the development and implementation of a comprehensive interagency plan to ensure that Federal, State, and local government response plans and programs can respond adequately to the consequences of terrorism against the Project. Requires the Secretary and FEMA to enter into appropriate arrangements with the National Research Council for technical review of the plans. Prohibits the Secretary of Energy from submitting a license application regarding, and prohibits the Nuclear Regulatory Commission from issuing a license for, a Yucca Mountain repository unless: (1) such plans are completed and included in the final environmental impact statement for Yucca Mountain; (2) public hearings have been held for affected populations; (3) the Secretary has certified that the Project is not vulnerable to terrorism; and (4) the Secretary has prepared and transmitted to Congress a report on the potential liability costs and damages resulting from a wide range of Federal terrorism crimes against the Project.

To provide for interagency planning for preparing for, defending against, and responding to the consequences of terrorist attacks against the Yucca Mountain Project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Dog Training Therapy Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program for the purpose of assessing the effectiveness of addressing post-deployment mental health and post- traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of Pilot Program.--The pilot program required by subsection (a) shall be carried out at least three and not more than five Department of Veterans Affairs medical centers during the five- year period beginning on the date of the commencement of the pilot program. (c) Locations of Pilot Program.--In selecting medical centers for the pilot program required under subsection (a), the Secretary shall ensure that each medical center selected provides a training area for educating veterans with mental health conditions in the art and science of assistance dog training and handling. Such training area shall-- (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (d) Design of Pilot Program.--In carrying out the pilot program under this section, the Secretary shall-- (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee all pilot program sites; (2) establish, for purposes of overseeing the training of dogs at medical centers selected for the pilot program, a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting; (3) ensure that each pilot program site has certified dog trainers; (4) ensure that each assistance dog used in the program is purpose-bred for assistance dog work and has adequate temperament and health clearances; (5) ensure that each assistance dog participating in the pilot program is taught 90 commands pertaining to assistance dog skills; (6) ensure that each assistance dog live at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (7) ensure that the pilot program involves both lecture of assistance dog training methodologies and practical hands-on training and grooming of assistance dogs; and (8) ensure that the pilot program is designed to-- (A) maximize the therapeutic benefits to veteran participating in the program; and (B) provide well-trained assistance dogs to veterans with disabilities. (e) Veteran Eligibility.--A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program under subsection (a) if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. (f) Hiring Preference.--In hiring service dog training instructors under the pilot program under subsection (a), the Secretary shall give a preference to veterans who have successfully graduated from post- traumatic stress disorder or other residential treatment programs and who have received adequate certification in assistance dog training. (g) Collection of Data.--The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in-- (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal and increase their sense of safety; (8) building relationship skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (h) Reports to Congress.--Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (1) the number of veterans participating in the pilot program; (2) a description of the services carried out by the Secretary under the pilot program; (3) the effects that participating in the pilot program has on the following-- (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (i) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of assistance dog training and handling. Passed the House of Representatives May 25, 2010. Attest: LORRAINE C. MILLER, Clerk.

Veterans Dog Training Therapy Act - Directs the Secretary of Veterans Affairs (VA) to carry out a pilot program for assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder (PTSD) symptoms through a therapeutic medium of assistance dog training and handling for veterans with disabilities. Requires the pilot program to be carried out at: (1) at least three and not more than five VA medical centers over a five-year period; and (2) centers that provide a training area for educating veterans with mental health conditions in the art and science of assistance dog training and handling. Directs the Secretary, in hiring instructors under the program, to give a preference to veterans who have successfully graduated from PTSD or other residential treatment programs and received certification in assistance dog training. Requires the Secretary to report annually to Congress during the duration of the program.

To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Amendment Defense Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be legislatively addressed. (2) As the President stated in response to the decision of the Supreme Court on the Defense of Marriage Act in 2013, ``Americans hold a wide range of views'' on the issue of same- sex marriage, and ``maintaining our Nation's commitment to religious freedom'' is ``vital''. (3) Nevertheless, in 2015, when asked whether a religious school could lose its tax-exempt status for opposing same-sex marriage, the Solicitor General of the United States represented to the United States Supreme Court that ``[i]t's certainly going to be an issue''. (4) Protecting religious freedom from Government intrusion is a Government interest of the highest order. Legislatively enacted measures advance this interest by remedying, deterring, and preventing Government interference with religious exercise in a way that complements the protections mandated by the First Amendment to the Constitution of the United States. (5) Laws that protect the free exercise of religious beliefs and moral convictions about marriage will encourage private citizens and institutions to demonstrate tolerance for those beliefs and convictions and therefore contribute to a more respectful, diverse, and peaceful society. SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS. (a) In General.--Notwithstanding any other provision of law, the Federal Government shall not take any discriminatory action against a person, wholly or partially on the basis that such person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage. (b) Discriminatory Action Defined.--As used in subsection (a), a discriminatory action means any action taken by the Federal Government to-- (1) alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a); (2) disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person; (3) withhold, reduce, exclude, terminate, or otherwise deny any Federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or other similar position or status from or to such person; (4) withhold, reduce, exclude, terminate, or otherwise deny any benefit under a Federal benefit program from or to such person; or (5) otherwise discriminate against such person. (c) Accreditation; Licensure; Certification.--The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the Federal Government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under Article III of the Constitution. (b) Administrative Remedies Not Required.--Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, in a United States district court without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``the First Amendment Defense Act,'' after ``the Religious Land Use and Institutionalized Persons Act of 2000,''. (d) Authority of United States To Enforce This Act.--The Attorney General may bring an action for injunctive or declaratory relief against an independent establishment described in section 104(1) of title 5, United States Code, or an officer or employee of that independent establishment, to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. SEC. 5. RULES OF CONSTRUCTION. (a) Broad Construction.--This Act shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the terms of this Act and the Constitution. (b) No Preemption, Repeal, or Narrow Construction.--Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally or more protective of free exercise of religious beliefs and moral convictions. Nothing in this Act shall be construed to narrow the meaning or application of any State or Federal law protecting free exercise of religious beliefs and moral convictions. Nothing in this Act shall be construed to prevent the Federal Government from providing, either directly or through a person not seeking protection under this Act, any benefit or service authorized under Federal law. (c) Severability.--If any provision of this Act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. DEFINITIONS. In this Act: (1) Federal benefit program.--The term ``Federal benefit program'' has the meaning given that term in section 552a of title 5, United States Code. (2) Federal government.--The term ``Federal Government'' includes each authority of any branch of the Government of the United States. (3) Person.--The term ``person'' means a person as defined in section 1 of title 1, United States Code, and includes any such person regardless of religious affiliation or lack thereof, and regardless of for-profit or nonprofit status.

First Amendment Defense Act Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to: alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person; disallow a deduction of any charitable contribution made to or by such person; withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program. Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation. Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status.

First Amendment Defense Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trauma Care Systems Planning and Development Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Federal Government and State governments have established a history of cooperation in the development, implementation, and monitoring of integrated, comprehensive systems for the provision of emergency medical services. (2) Trauma is the leading cause of death of Americans between the ages of 1 and 44 years and is the third leading cause of death in the general population of the United States. (3) In 1995, the total direct and indirect cost of traumatic injury in the United States was estimated at $260,000,000,000. (4) There are 40,000 fatalities and 5,000,000 nonfatal injuries each year from motor vehicle-related trauma, resulting in an aggregate annual cost of $230,000,000,000 in medical expenses, insurance, lost wages, and property damage. (5) Barriers to the receipt of prompt and appropriate emergency medical services exist in many areas of the United States. (6) The number of deaths from trauma can be reduced by improving the systems for the provision of emergency medical services in the United States. (7) Trauma care systems are an important part of the emergency preparedness system needed for homeland defense. SEC. 3. AMENDMENTS. (a) Establishment.--Section 1201 of the Public Health Service Act (42 U.S.C. 300d) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``, acting through the Administrator of the Health Resources and Services Administration,'' after ``Secretary''; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following: ``(3) collect, compile, and disseminate information on the achievements of, and problems experienced by, State and local agencies and private entities in providing trauma care and emergency medical services and, in so doing, give special consideration to the unique needs of rural areas;''; (D) in paragraph (4), as redesignated by subparagraph (B)-- (i) by inserting ``to enhance each State's capability to develop, implement, and sustain the trauma care component of each State's plan for the provision of emergency medical services'' after ``assistance''; and (ii) by striking ``and'' after the semicolon; (E) in paragraph (5), as redesignated by subparagraph (B), by striking the period at the end and inserting ``; and''; and (F) by adding at the end the following: ``(6) promote the collection and categorization of trauma data in a consistent and standardized manner.''; (2) in subsection (b), by inserting ``, acting through the Administrator of the Health Resources and Services Administration,'' after ``Secretary''; and (3) by striking subsection (c). (b) Clearinghouse on Trauma Care and Emergency Medical Services.-- The Public Health Service Act (42 U.S.C. 201 et seq.) is amended-- (1) by striking section 1202; and (2) by redesignating section 1203 as section 1202. (c) Establishment of Programs for Improving Trauma Care in Rural Areas.--Section 1202(a) of the Public Health Service Act, as such section was redesignated by subsection (b), is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``, such as advanced trauma life support,'' after ``model curricula''; (2) in paragraph (4), by striking ``and'' after the semicolon; (3) in paragraph (5), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(6) by increasing communication and coordination with State trauma systems.''. (d) Requirement of Matching Funds for Fiscal Years Subsequent to First Fiscal Year of Payments.--Section 1212 of the Public Health Service Act (42 U.S.C. 300d-12) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' after the semicolon; and (B) by striking subparagraph (B) and inserting the following: ``(B) for the third fiscal year of such payments to the State, not less than $1 for each $1 of Federal funds provided in such payments for such fiscal year; ``(C) for the fourth fiscal year of such payments to the State, not less than $2 for each $1 of Federal funds provided in such payments for such fiscal year; and ``(D) for the fifth fiscal year of such payments to the State, not less than $2 for each $1 of Federal funds provided in such payments for such fiscal year.''; and (2) in subsection (b)-- (A) in paragraph (1), by adding ``and'' after the semicolon; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (e) Requirements With Respect To Carrying Out Purpose of Allotments.--Section 1213 of the Public Health Service Act (42 U.S.C. 300d-13) is amended-- (1) in subsection (a)-- (A) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``nationally recognized'' after ``contains''; (B) in paragraph (5), by inserting ``nationally recognized'' after ``contains''; (C) in paragraph (6), by striking ``specifies procedures for the evaluation of designated'' and inserting ``utilizes a program with procedures for the evaluation of''; (D) in paragraph (7)-- (i) in the matter preceding subparagraph (A), by inserting ``in accordance with data collection requirements developed in consultation with surgical, medical, and nursing specialty groups, State and local emergency medical services directors, and other trained professionals in trauma care'' after ``collection of data''; (ii) in subparagraph (A), by inserting ``and the number of deaths from trauma'' after ``trauma patients''; and (iii) in subparagraph (F), by inserting ``and the outcomes of such patients'' after ``for such transfer''; (E) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (F) by inserting after paragraph (9) the following: ``(10) coordinates planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning;''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``concerning such'' and inserting ``that outline resources for optimal care of the injured patient''; and (ii) in subparagraph (D), by striking ``1992'' and inserting ``2004''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``1991'' and inserting ``2004''; and (ii) in subparagraph (B), by striking ``1992'' and inserting ``2004''; and (3) in subsection (c), by striking ``1990, the Secretary shall develop a model plan'' and inserting ``2003, the Secretary shall update the model plan''. (f) Requirement of Submission to Secretary of Trauma Plan and Certain Information.--Section 1214(a) of the Public Health Service Act (42 U.S.C. 300d-14(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``1991'' and inserting ``2004''; and (B) by inserting ``that includes changes and improvements made and plans to address deficiencies identified'' after ``medical services''; and (2) in paragraph (2), by striking ``1991'' and inserting ``2004''. (g) Restrictions on Use of Payments.--Section 1215(a)(1) of the Public Health Service Act (42 U.S.C. 300d-15(a)(1)) is amended by striking the period at the end and inserting a semicolon. (h) Requirements of Reports by States.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by striking section 1216 and inserting the following: ``SEC. 1216. [RESERVED].''. (i) Report by the Secretary.--Section 1222 of the Public Health Service Act (42 U.S.C. 300d-22) is amended by striking ``1995'' and inserting ``2006''. (j) Funding.--Section 1232(a) of the Public Health Service Act (42 U.S.C. 300d-32(a)) is amended to read as follows: ``(a) Authorization of Appropriations.--For the purpose of carrying out parts A and B, there are authorized to be appropriated $12,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. (k) Conforming Amendment.--Section 1232(b)(2) of the Public Health Service Act (42 U.S.C. 300d-32(b)(2)) is amended by striking ``1204'' and inserting ``1202''. (l) Institute of Medicine Study.--Part E of title XII of the Public Health Service Act (20 U.S.C. 300d-51 et seq.) is amended-- (1) by striking the part heading and inserting the following: ``Part E--Miscellaneous Programs''; and (2) by adding at the end the following: ``SEC. 1254. INSTITUTE OF MEDICINE STUDY. ``(a) In General.--The Secretary shall enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research. ``(b) Content.--The study conducted under subsection (a) shall-- ``(1) examine and evaluate the state of trauma care and trauma systems research (including the role of Federal entities in trauma research) on the date of enactment of this section, and identify trauma research priorities; ``(2) examine and evaluate the clinical effectiveness of trauma care and the impact of trauma care on patient outcomes, with special attention to high-risk groups, such as children, the elderly, and individuals in rural areas; ``(3) examine and evaluate trauma systems development and identify obstacles that prevent or hinder the effectiveness of trauma systems and trauma systems development; ``(4) examine and evaluate alternative strategies for the organization, financing, and delivery of trauma care within an overall systems approach; and ``(5) examine and evaluate the role of trauma systems and trauma centers in preparedness for mass casualties. ``(c) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report containing the results of the study conducted under this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2004 and 2005.''. (m) Residency Training Programs in Emergency Medicine.--Section 1251(c) of the Public Health Service Act (42 U.S.C. 300d-51(c)) is amended by striking ``1993 through 1995'' and inserting ``2004 through 2008''. (n) State Grants for Projects Regarding Traumatic Brain Injury.-- Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended in the section heading by striking ``demonstration''. (o) Interagency Program for Trauma Research.--Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subsection (a), by striking ``conducting basic'' and all that follows through the period at the end of the second sentence and inserting ``basic and clinical research on trauma (in this section referred to as the `Program'), including the prevention, diagnosis, treatment, and rehabilitation of trauma- related injuries.''; (2) by striking subsection (b) and inserting the following: ``(b) Plan for Program.--The Director shall establish and implement a plan for carrying out the activities of the Program, taking into consideration the recommendations contained within the report of the NIH Trauma Research Task Force. The plan shall be periodically reviewed, and revised as appropriate.''; (3) in subsection (d)-- (A) in paragraph (4)(B), by striking ``acute head injury'' and inserting ``traumatic brain injury''; and (B) in subparagraph (D), by striking ``head'' and inserting ``traumatic''; (4) by striking subsection (g); (5) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (6) in subsection (h), as redesignated by paragraph (5), by striking ``2001 through 2005'' and inserting ``2004 through 2008''. Passed the Senate June 23, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Trauma Care Systems Planning and Development Act of 2003 - (Sec. 3) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to collect, compile, and disseminate information regarding trauma care and emergency medical services, and, in so doing, to give special consideration to the needs of rural areas. Directs the Secretary to provide to State and local agencies technical assistance in developing, implementing, and sustaining the trauma care component of each State's plan for the provision of emergency medical services. (Current law directs the Secretary to provide technical assistance to States and local agencies with respect to trauma care.)Removes provisions dealing with a National Clearinghouse on Trauma Care and Emergency Medical Services.Modifies provision pertaining to grants to improve trauma care in rural areas to allow the Secretary to make grants to entities to improve care by increasing communication and coordination with State trauma systems.Amends provisions concerning matching funds for modifications of the trauma care part of State emergency services plans, including to modify the matching requirements to not less than $1 for each $1 of Federal funds in the third year of payments and not less then $2 for each $1 of Federal funds in the fourth and fifth years. (Currently, the amount is set at not less than $1 for each $1 of Federal funding in the second year and not less than $3 for each $1 of Federal funding in the third year and subsequent years.)Amends requirements with respect to carrying out the purpose of allotments, including to require a State plan for emergency medical services to: (1) identify the number of deaths from trauma within regional trauma care systems in the State; and (2) coordinate planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning. Directs the Secretary to update the model trauma care plan.Requires States in FY 2004 and in following years to submit to the Secretary the trauma care part of their emergency services plans in order to receive Federal allotments to support the modification of such part. Requires such submission to include changes and improvements made and plans to address deficiencies.Authorizes appropriations through FY 2008 for general duties of the Secretary with regard to trauma care and for formula grants with respect to modifications of State plans.Directs the Secretary to: (1) enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another appropriate entity, to conduct a study on the state of trauma care and trauma research; and (2) report the results to Congress. Authorizes appropriations for such study and report for FY 2004 and 2005.Authorizes appropriations through FY 2008 for residency training programs in emergency medicine.Amends provisions pertaining to the Interagency Program for Trauma Research. Directs the Director of the National Institutes of Health, in establishing and implementing a plan for carrying out the Program, to take into consideration the recommendations contained within the report of the NIH Trauma Research Task Force. Authorizes appropriations for the Program through FY 2008.

A bill to amend the Public Health Service Act to add requirements regarding trauma care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Discipline, Earmark Reform, and Accountability Act''. SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE. (a) In General.--Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following: ``9.(a) On a point of order made by any Senator: ``(1) No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill. ``(2) No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill. ``(3) No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill. ``(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill or amendment is sustained-- ``(A) the new or general legislation or unauthorized appropriation shall be struck from the bill or amendment; and ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill or amendment shall be made. ``(2) If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained when the Senate is not considering an amendment in the nature of a substitute, an amendment to the House bill is deemed to have been adopted that-- ``(A) strikes the new or general legislation or unauthorized appropriation from the bill; and ``(B) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill; ``(c) If the point of order against an amendment under subparagraph (a)(2) is sustained, the amendment shall be out of order and may not be considered. ``(d)(1) If a point of order under subparagraph (a)(3) against a Senate amendment is sustained-- ``(A) the unauthorized appropriation shall be struck from the amendment; ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made; and ``(C) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified. ``(2) If a point of order under subparagraph (a)(3) against a House of Representatives amendment is sustained-- ``(A) an amendment to the House amendment is deemed to have been adopted that-- ``(i) strikes the new or general legislation or unauthorized appropriation from the House amendment; and ``(ii) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment; and ``(B) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment. ``(e) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter. ``(f) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn. ``(g) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (f), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. ``(h) For purposes of this paragraph: ``(1) The term `new or general legislation' has the meaning given that term when it is used in paragraph 2 of this rule. ``(2) The term `new matter' means matter not committed to conference by either House of Congress. ``(3)(A) The term `unauthorized appropriation' means a `congressionally directed spending item' as defined in rule XLIV-- ``(i) that is not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); or ``(ii) the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated. ``(B) An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that is so restricted, directed, or authorized that it applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction to which the restriction, direction, or authorization applies is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction. ``10. (a) On a point of order made by any Senator, no new or general legislation, nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill. ``(b) If the point of order against a conference report under subparagraph (a) is sustained-- ``(1) the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck; ``(2) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made; ``(3) when all other points of order under this paragraph have been disposed of-- ``(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated); ``(B) the question shall be debatable; and ``(C) no further amendment shall be in order; and ``(4) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate. ``(c) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter. ``(d) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn. ``(e) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a conference report on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (d), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. ``(f) For purposes of this paragraph: ``(1) The terms `new or general legislation', `new matter', and `unauthorized appropriation' have the same meaning as in paragraph 9. ``(2) The term `nongermane matter' has the same meaning as in rule XXII and under the precedents attendant thereto, as of the beginning of the 110th Congress.''. (b) Requiring Conference Reports To Be Searchable Online.-- Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is amended by inserting ``in an searchable format'' after ``available''. SEC. 3. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS. The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following: ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. ``(a) In General.--A recipient of Federal funds shall file a report as required by section 5(a) containing-- ``(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and ``(2) the amount of money paid as described in paragraph (1). ``(b) Definition.--In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.''.

Fiscal Discipline, Earmark Reform, and Accountability Act - Amends Rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate to revise procedures for consideration of points of order on appropriations bills. Makes it out of order to consider in the Senate: (1) new or general legislation or any unauthorized appropriation included in an appropriation bill; (2) any amendment to an appropriation bill with the effect of adding an unauthorized appropriation to it; or (3) any unauthorized appropriation included in any amendment between the chambers, or any amendment to such an amendment, in relation to a general appropriation bill. Amends Rule XLIV (Congressionally Directed Spending and Related Items), which makes it out of order to vote on the adoption of a conference report in the Senate unless it is available on a publicly accessible congressional website at least 48 hours before such vote. Specifies that such website availability must be in a searchable format. Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds.

A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Indian Gambling Reform Act of 2008''. SEC. 2. CONSULTATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS. Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) the Indian tribe has no reservation as of October 17, 1988, and the land is located in the State of Oklahoma and-- ``(A) is within the boundaries of the former reservation of the Indian tribe, as defined by the Secretary; or ``(B) is contiguous to other land held in trust or restricted status by the United States for the benefit of the Indian tribe in the State of Oklahoma.''; (2) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``paragraph (2)(B)'' and inserting ``paragraph (3)(B)''; and (C) by striking ``(b)(1) Subsection'' and all that follows through clause (iii) of paragraph (1)(B) and inserting the following: ``(b) Exceptions.-- ``(1) In general.-- ``(A) Effect on community.--Subject to subparagraph (B) and paragraph (2), subsection (a) shall not apply to Indian lands for which the Secretary, after consultation with the Indian tribe and officials of all State, local, and tribal governments that have jurisdiction over land located within 60 miles of the Indian lands, determines that a gaming establishment on that land-- ``(i) would be in the best interest of the Indian tribe and its members; and ``(ii) taking into consideration the results of a study of the economic impact of the gaming establishment, would not have a negative economic impact, or any other negative effect, on any unit of government, business, community, or Indian tribe located within 60 miles of the land. ``(B) Concurrence of affected state.--For a determination of the Secretary under subparagraph (A) to become valid, the Governor and legislative body of the State in which a gaming activity is proposed to be conducted shall concur in the determination. ``(C) Effect of paragraph.--This paragraph shall not apply to any land on which a gaming facility is in operation as of the date of enactment of the Common Sense Indian Gambling Reform Act of 2008. ``(2) Primary nexus.-- ``(A) In general.--The land described in paragraph (1) shall be land-- ``(i) within a State in which the Indian tribe is primarily located, as determined by the Secretary; and ``(ii) on which the primary geographic, social, and historical nexus to land of the Indian tribe is located, as determined in accordance with subparagraph (B). ``(B) Determination.--For purposes of subparagraph (A), a geographic, social, and historical nexus to land of an Indian tribe shall exist with respect to land that is-- ``(i)(I) owned by, or held in trust by the United States for the benefit of, an Indian tribe; ``(II) located within the boundaries of-- ``(aa) the geographical area, as designated by the Secretary, in which financial assistance and social service programs are provided to the Indian tribe, including land on or contiguous to a reservation; or ``(bb) the geographical area designated by the Indian tribe during the Federal acknowledgment process of the Indian tribe as the area in which more than 50 percent of the members of the Indian tribe reside in a group composed exclusively or almost exclusively of members of the Indian tribe; and ``(III) located within the geographical area in which the Indian tribe demonstrates that the Indian tribe has historically resided, as determined by the Secretary; or ``(ii) located-- ``(I) in a State other than the State of Oklahoma; and ``(II) within the boundaries of the last recognized reservation of the Indian tribe in any State in which the Indian tribe is located as of the date on which a determination under this subparagraph is made.''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (4) by inserting after subsection (b) the following: ``(c) Contiguous Land Requirement.--Notwithstanding any other provision of this Act, an Indian tribe shall conduct any gaming activity subject to regulation under this Act on 1 contiguous parcel of Indian lands.''. SEC. 3. TRIBAL GAMING ORDINANCES. Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``, and'' and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the class II gaming is conducted-- ``(i) on lands that were Indian lands before the date of enactment of this subparagraph; or ``(ii) on land taken into trust for the benefit of the Indian tribe after the date of enactment of this subparagraph, but only if the application of the Indian tribe requesting that the land be taken into trust for the benefit of the Indian tribe stated the intent of the Indian tribe to conduct class II gaming activities on the land.''; and (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (i), by striking ``such lands,'' and inserting ``the Indian lands;''; (II) in clause (ii), by striking ``, and'' and inserting ``; and''; and (III) in clause (iii), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking ``, and'' and inserting a semicolon; (iii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) conducted-- ``(i) on lands that were Indian lands before the date of enactment of this subparagraph; or ``(ii) on land taken into trust for the benefit of the Indian tribe after the date of enactment of this subparagraph, but only if the application of the Indian tribe requesting that the land be taken into trust for the benefit of the Indian tribe stated the intent of the Indian tribe to conduct class III gaming activities on the land.''; and (B) by adding at the end the following: ``(10) Definition of state.--In this subsection, the term `State' means the Governor of the State and the legislative body of the State.''. SEC. 4. INVESTIGATION AND APPROVAL. (a) Powers of the Chairman.--Section 6(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2705(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) approve or disapprove the involvement in a gaming activity subject to regulation by the Commission of any 1 of the 10 persons or entities that have the highest financial interest in the gaming activity, as identified by the Commission under section 7(b)(3)(A).''. (b) Powers of the Commission.--Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``shall have the authority'' after ``Commission''; (2) in paragraphs (1), (2), and (10), by striking ``shall'' each place it appears and inserting ``to''; (3) in paragraph (2), by striking ``is conducted'' and inserting ``or class III gaming is conducted to ensure compliance with this Act (including regulations promulgated pursuant to paragraph (10))''; (4) by striking paragraph (3) and inserting the following: ``(3)(A) to identify the 10 persons or entities that have the highest financial interest (including outstanding loans, debt-based financing, and other financial interests) in each gaming activity subject to regulation by the Commission; and ``(B) to conduct a background investigation of-- ``(i) each of the persons and entities identified under subparagraph (A); and ``(ii) any other person or entity, as the Commission determines to be appropriate;''; (5) in paragraphs (4) through (9), by striking ``may'' each place it appears and inserting ``to''; (6) in paragraph (4), by inserting ``and class III gaming'' after ``class II gaming''; and (7) in paragraph (10), by inserting ``, including regulations to address minimum internal control standards for class II gaming and class III gaming'' after ``this Act''. (c) Tribal Gaming Ordinances.--Section 11(b)(2)(F) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is amended by striking clause (i) and inserting the following: ``(i) ensures that-- ``(I) a background investigation will be conducted by the Commission on-- ``(aa) each tribal gaming commissioner; ``(bb) key tribal gaming employees, as determined by the Commission; ``(cc) primary management officials; and ``(dd) key employees of the gaming enterprise; and ``(II) oversight of the individuals described in subclause (I) will be conducted on an ongoing basis; and''. (d) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended-- (1) by indenting the subparagraph appropriately; and (2) by striking ``0.080 percent'' and all that follows through the end of the subparagraph and inserting ``$16,000,000.''. SEC. 5. CHANGING USE OF INDIAN LANDS. The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended-- (1) by redesignating sections 21 through 24 as sections 22 through 25, respectively; and (2) by inserting after section 20 the following: ``SEC. 21. CHANGING USE OF INDIAN LANDS. ``Before an Indian tribe uses any Indian lands for purposes of class II gaming or class III gaming, the Indian tribe shall-- ``(1) submit to the Secretary an environmental impact statement that the Secretary determines to be in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to that use; and ``(2) obtain the consent of the Secretary with respect to the change in use of the Indian lands.''. SEC. 6. EFFECT OF ACT. This Act, and the amendments made by this Act, shall not affect any compact or other agreement relating to gaming subject to regulation under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in existence on the date of enactment of this Act.

Common Sense Indian Gambling Reform Act of 2008 - Amends the Indian Gaming Regulatory Act to revise requirements for the exemption of Indian land from gaming prohibitions. Requires: (1) the governor and the legislative body of the state in which a gaming activity is proposed to concur with the Secretary of the Interior's determination that the activity would be in the best interest of the tribe and not have a negative impact; and (2) the land to be land within a state in which the tribe is primarily located and land on which the primary geographic, social, and historical nexus is located. Adds as conditions for class II or class III gaming that it be conducted on: (1) lands that were Indian lands before enactment of this Act; or (2) land taken into trust for an Indian tribe after enactment, but only if the application requesting that the land be taken into trust stated the tribe's intent to conduct such gaming activities on the land. Authorizes the Chairman of the National Indian Gaming Commission to: (1) approve the involvement in a gaming activity of any one of the ten persons or entities that have the highest financial interest in the activity; (2) investigate gaming activities and conduct background investigations of such persons or entities; and (3) audit and inspect class III gaming on Indian lands. Requires tribal ordinances to provide the Commission will conduct background investigations on tribal gaming commissioners, key tribal gaming employees, primary management officials, and key employees of the gaming enterprise. Revises the cap on the total fees to be paid to the Commission during any fiscal year by gaming operations conducting regulated class II and III gaming activities. Requires Indian tribes, before using lands for class II or III gaming, to: (1) submit to the Secretary an environmental impact statement; and (2) obtain the Secretary's consent with respect to the change in use of the lands.

A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (g) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (h) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (i) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.

Amends the District of Columbia Code to make the Mayor of the District of Columbia (currently, the President of the United States) the Commander-in-Chief of the militia of the District. Makes conforming amendments to the District of Columbia Home Rule Act and federal law regarding the Armed Forces and the National Guard.

To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governors of the several States exercise with respect to the National Guard of those States.

SECTION 1. PREKINDERGARTEN PROGRAM. Title X of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``PART M--PREKINDERGARTEN PROGRAMS ``SEC. 10996A. FINDINGS. ``Congress finds the following: ``(1) Countless studies have shown what every parent already knows: High-quality preschool education programs work. They prepare children to learn when they go to school, and the programs increase the success of students throughout their lives. ``(2) Children who get a high-quality prekindergarten education are less likely to repeat a grade level and have less need for special education instruction than those with no prekindergarten experience. ``(3) Prekindergarten programs make a significant difference in the lives of children from low-income families. A recent study found that children in high-quality child care programs had better thinking and attention skills, better mathematics and pre-reading skills, and fewer behavioral problems. ``(4) In a study following children to age 21 who received high-quality early children education, such children were more likely to have enrolled in college, been employed, and delayed parenthood. ``SEC. 10996B. DEFINITIONS. ``For purposes of this part, the following definitions shall apply: ``(1) Prekindergarten.--The term `prekindergarten' means a program serving children ages 3, 4, and 5 years old that supports children's cognitive, social, emotional, and physical development and helps prepare children for the transition to kindergarten. ``(2) Eligible prekindergarten providers.--The term `eligible prekindergarten providers' includes child care programs, Head Start agencies, and schools that-- ``(A) have met applicable State licensing requirements and have obtained accreditation by a national accrediting body with demonstrated experience in accrediting child care, prekindergarten programs, or schools; or ``(B) agree to obtain such accreditation not later than 3 years after receipt of a grant under this part. ``(c) Prekindergarten Teacher.--The term `prekindergarten teacher' means an individual who has or is working toward a bachelor of arts degree in early childhood development. ``SEC. 10996C. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to provide grants to a State with an approved application under section 10996D to allow such State to establish or expand prekindergarten early learning programs by eligible prekindergarten providers and local educational agencies in partnership with early childhood programs, organizations, or agencies that serve prekindergarten school children. ``(b) State Application.-- ``(1) In general.--The State shall designate a State agency to administer, including the receipt and administration of funds and the evaluation of the program, the State-funded prekindergarten program funded under this part. ``(2) State application.--The appropriate agency shall submit an application to the Secretary that includes-- ``(A) an assurance that the State will provide non- Federal matching funds equal to not less than 20 percent of the award; and ``(B) a description of-- ``(i) how grant funds will be used to expand or enhance existing efforts across the State in providing access to high quality prekindergarten programs; ``(ii) how the State will collaborate with local child care agencies and councils, including local child care resource and referral agencies; ``(iii) how grant funds will be used to supplement and not supplant existing Federal, State, local and private funds used for prekindergarten programs; ``(iv) how the State will ensure that grant funds are provided to a range of types of eligible prekindergarten providers; ``(v) how the State will help eligible prekindergarten providers attract and retain qualified prekindergarten teachers; ``(vi) how the State will identify the eligible children and eligible prekindergarten providers; and ``(vii) how the State will give priority to full-time prekindergarten programs, including the expansion of existing part-time programs into full-time programs. ``SEC. 10996D. LOCAL APPLICATIONS. ``(a) In General.--A local educational agency or eligible prekindergarten provider, as the case may be, that desires to receive a grant under this part shall submit an application to the State agency designated under section 10996C(b) at such time, in such manner, and containing such information as such agency may reasonably require. ``(b) Special Rule.--If the State prekindergarten program is not operated through the local educational agency, then the State shall award subgrants to eligible prekindergarten providers that currently administer prekindergarten programs at the local level. ``(c) Content.--An application referred to in subsection (a), at a minimum, shall-- ``(1) demonstrate a need for the establishment, enhancement, or expansion of a prekindergarten program; ``(2) describe how the local educational agency or eligible prekindergarten provider collaborates with local early childhood councils and agencies; ``(3) provide an assurance that each individual hired is qualified to teach children at the prekindergarten level; ``(4) provide an assurance that the ratio of teacher or child development specialist to children shall not exceed 1-10; ``(5) provide a description of how funds will be used to coordinate with and enhance, but not duplicate or supplant, early childhood programs serving eligible children that exist in the community; ``(6) describe how the agency or eligible prekindergarten provider will use a collaborative process with organizations and members of the community that have an interest and experience in early childhood development and education to establish, expand, or enhance prekindergarten programs; ``(7) describe how the program will meet the diverse needs of children, ages 3 through 5, in the community who are not enrolled in kindergarten, including children with disabilities or whose native language is other than English; ``(8) describe how the agency or eligible prekindergarten provider will collaborate with local schools to ensure a smooth transition for participating students from early childhood education to kindergarten and early elementary education; ``(9) describe the results the programs are intended to achieve, and what tools will be used to measure the progress in attaining those results; and ``(10) provide an assurance that none of the funds received under this part may be used for the construction or renovation of existing or new facilities (except for minor remodeling needed to accomplish the purposes of this part). ``SEC. 10996E. USES OF FUNDS. ``(a) In General.--An agency or eligible prekindergarten provider that receives a grant award under this part shall use funds received to establish, enhance, or expand prekindergarten programs for children, ages 3 through 5, who are not enrolled in kindergarten, including-- ``(1) providing a program that focuses on the developmental needs of participating children, including their social, cognitive, physical, and language-development needs, and using research-based approaches that build on competencies that lead to school success, particularly in language and literacy development and in reading; ``(2) paying the costs of purchasing educational equipment, including educational materials, necessary to provide a high quality program; ``(3) pursuing accreditation by a national accreditation body with demonstrated experience in accreditation of prekindergarten programs, to be obtained not later than 3 years after the date of receipt of funds under this part; ``(4) helping prekindergarten teachers pursue and attain the credential and degree requirements established by the State and provide a stipend for attaining educational or professional development; and ``(5) meeting the needs of working parents. ``(b) Permissible Uses of Funds.--A prekindergarten program established under this part may use funds received under this part to pay for transporting students to and from a prekindergarten program. ``SEC. 10996F. REPORTING. ``(a) Local Reports.--Each local educational agency or eligible prekindergarten provider that receives a grant award under this part shall submit an annual report to the designated State agency that reviews the effectiveness of the prekindergarten program established with funds provided under this part on-- ``(1) number and ages of children served, including information (disaggregated by family income, race, disability, native language); ``(2) number of hours of service per day and number of months; ``(3) number of prekindergarten teachers; and ``(4) other sources of Federal, State, local, and private funds used to operate a program. ``(b) Report to Congress.--The Secretary shall submit an annual report to Congress that evaluates the prekindergarten programs established under this part. ``SEC. 10996G. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $2,000,000,000 for fiscal year 2001, $4,000,000,000 for fiscal year 2002, $5,000,000,000 for fiscal year 2003, $8,000,000,000 for fiscal year 2004, and $10,000,000,000 for fiscal year 2005.''.

Amends the Elementary and Secondary Education Act of 1965 to establish Prekindergarten Programs.Authorizes the Secretary of Education to provide grants to applicant States to establish or expand prekindergarten early learning programs by eligible prekindergarten providers and local educational agencies in partnership with early childhood programs, organizations, or agencies that serve three-, four-, and five-year old children.

To provide grants to States to establish, expand, or enhance prekindergarten programs for children who are not yet enrolled in kindergarten.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act''. SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. (a) In General.-- (1) Allowance of credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to 25 percent of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. ``(b) Limitations.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed the lesser of-- ``(A) $3,000, or ``(B) the product of the wages normally paid to such employee for each hour (or fraction thereof) of services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken. For purposes of subparagraph (B), in the case of any employee who is not paid on an hourly basis, the wages of such employee shall be prorated to an hourly basis under regulations established by the Secretary, in consultation with the Secretary of Labor. ``(2) Maximum amount of leave subject to credit.--The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. ``(c) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer who has in place a policy that meets the following requirements: ``(A) The policy provides-- ``(i) all qualifying full-time employees with not less than 2 weeks of annual paid family and medical leave, and ``(ii) all qualifying employees who are not full-time employees with an amount of annual paid family and medical leave that bears the same ratio to 2 weeks as-- ``(I) the number of hours the employee is expected to work during any week, bears to ``(II) the number of hours an equivalent qualifying full-time employee is expected to work during the week. ``(B) The policy requires that the rate of payment under the program is not less than 100 percent of the wages normally paid to such employee for services performed for the employer. ``(2) Special rule for certain employers.-- ``(A) In general.--An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave under a policy with a provision that states that the employer-- ``(i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and ``(ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. ``(B) Added employer; added employee.--For purposes of this paragraph-- ``(i) Added employee.--The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993. ``(ii) Added employer.--The term `added employer' means an eligible employer (determined without regard to this paragraph), whether or not covered by that title I, who offers paid family and medical leave to added employees. ``(3) Treatment of state-paid benefits.--For purposes of paragraph (1), any leave which is paid by a State or local government shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. ``(4) No inference.--Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a)) for failure to comply with the requirements of this subsection. ``(d) Qualifying Employees.--For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938) who has been employed by the employer for 1 year or more. ``(e) Family and Medical Leave.--For purposes of this section, the term `family and medical leave' means leave for any purpose described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, whether the leave is provided under that Act or by a policy of the employer. Such term shall not include any leave provided as paid vacation leave, personal leave, or medical or sick leave (within the meaning of those 3 terms under section 102(d)(2) of that Act). ``(f) Wages.--For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. ``(g) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. ``(h) Termination.--This section shall not apply to wages paid after December 31, 2017.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).''. (c) Credit Allowed Against AMT.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (d) Conforming Amendments.-- (1) Denial of double benefit.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Election to have credit not apply.--Section 6501(m) of such Code is amended by inserting ``45S(g),'' after ``45H(g),''. (3) Clerical amendment.--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. 45S. Employer credit for paid family and medical leave.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid in taxable years beginning after December 31, 2015. SEC. 3. GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. (a) Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (1) complete a study that-- (A) examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 (as added by this Act) in terms of-- (i) increasing access to paid family and medical leave among qualifying employees; (ii) promoting the creation of new paid family and medical leave policies among eligible employers; (iii) increasing the generosity of existing paid family and medical leave policies among eligible employers; and (iv) incenting employee or employer behavior that might not otherwise have occurred in the absence of the credit; (B) provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees; (C) provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees; and (2) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. (b) Prohibition.--In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law. SEC. 4. REDUCTION OF THE NUMBER OF NONESSENTIAL VEHICLES PURCHASED AND LEASED BY THE FEDERAL GOVERNMENT. (a) Review of Nonessential Vehicle Purchase.--The Director of the Office of Management and Budget, in consultation with the head of the relevant Executive agency, shall complete each of the following: (1) Determine the total dollar amount obligated by each Executive agency to purchase civilian vehicles in fiscal year 2010. (2) Determine the total dollar amount obligated by each Executive agency to lease civilian vehicles in fiscal year 2010. (3) Determine the total number of civilian vehicles purchased by each Executive agency in fiscal year 2010. (4) Determine the total number of civilian vehicles leased by each Executive agency in fiscal year 2010. (5) Determine the total dollar amount that would be 10 percent less than the dollar amount determined under paragraphs (1) and (2) for each Executive agency. (b) Reduction of Nonessential Vehicle Purchase.--For each of fiscal years 2016 through 2020, each Executive agency may not obligate more than the dollar amount determined under subsection (a)(5) for the Executive agency to purchase or lease civilian vehicles. (c) Sharing.--The Administrator of General Services shall ensure that an Executive agency may share excess or unused vehicles with another Executive agency that may need temporary or long-term use of additional vehicles through the Federal Fleet Management System. (d) National Security Exception.--The limits on the purchase and procurement of vehicles under this section shall not apply to the purchase or procurement of any vehicle that has been determined by the President to be essential for reasons of national security. (e) Definitions.--In this section: (1) Civilian vehicle.--The term ``civilian vehicle'' means a vehicle that is not used for purposes of military combat, the training or deployment of members of the Armed Forces, or such other uses as determined by the Director of the Office of Management and Budget, in consultation with the Administrator of General Services. (2) Executive agency.--The term ``Executive agency'' has the meaning given that term under section 105 of title 5, United States Code. SEC. 5. UNITED STATES ENRICHMENT CORPORATION FUND. (a) Rescission.--Subject to subsection (b), all unobligated amounts in the United States Enrichment Corporation Fund are permanently rescinded. (b) Exclusions From Rescission.--The rescission under subsection (a) shall not apply to amounts that were designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

Strong Families Act This bill amends the Internal Revenue Code to: (1) allow certain employers a business-related tax credit for up to 25% of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave, (2) limit the allowable amount of such credit to $3,000 per employee for any taxable year, and (3) terminate such credit after 2017. The Government Accountability Office shall complete a study on the effectiveness of the tax credit for paid family and medical leave. The Office of Management and Budget shall determine: (1) the dollar amount obligated by each executive agency to purchase and to lease civilian vehicles in FY2010, and (2) the total number of civilian vehicles purchased and leased by each executive agency in FY2010. Executive agencies may not obligate more than 90% of the amount they obligated in FY2010 to purchase or lease civilian vehicles in each of FY2016-FY2020. The bill permanently rescinds all unobligated amounts in the U.S. Enrichment Corporation Fund, except for amounts designated as an emergency requirement.

Strong Families Act

SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS. (a) Establishment.-- (1) In general.--There is established a program, in each of the United States district courts designated under subsection (b), under which-- (A) those district judges of that district court who request to hear cases under which one or more issues arising under any Act of Congress relating to patents or plant variety protection must be decided, are designated by the chief judge of the court to hear those cases; (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A); (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and (D) a case declined under subparagraph (C) is randomly reassigned to one of those judges of the court designated under subparagraph (A). (2) Senior judges.--Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated. (3) Right to transfer cases preserved.--This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court. (b) Designation.--The Director of the Administrative Office of the United States Courts shall, not later than 6 months after the date of the enactment of this Act, designate not less than 5 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out. The Director shall make such designation from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended, except that the Director may only designate a court in which-- (1) at least 10 district judges are authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under other provisions of law; and (2) at least 3 judges of the court have made the request under subsection (a)(1)(A). (c) Duration.--The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d) Applicability.--The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e) Reporting to Congress.-- (1) In general.--At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include-- (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to-- (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered; (D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts. (2) Timetable for reports.--The times referred to in paragraph (1) are-- (A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and (B) not later than 5 years after the date described in subparagraph (A). (3) Periodic reporting.--The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1). (f) Authorization for Training and Clerkships.--In addition to any other funds made available to carry out this section, there is authorized to be appropriated not less than $5,000,000 in each fiscal year for-- (1) educational and professional development of those district judges designated under subsection (a)(1)(A) in matters relating to patents and plant variety protection; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases. Amounts made available pursuant to this subsection shall remain available until expended. Passed the House of Representatives February 12, 2007. Attest: KAREN L. HAAS, Clerk.

Establishes a pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated.

To establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Debt Collector Abuse Act of 2012''. SEC. 2. ENHANCED VALIDATION NOTICES. (a) In General.--Section 809(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; and (2) by striking paragraph (5) and inserting the following: ``(5) the date of the last payment made by or on behalf of the consumer on the subject debt and the amount of the debt at that time; ``(6) the name and address of the last person to extend credit with respect to the debt; ``(7) an itemization of the principal, fees, interest, and any other charges that make up the debt, including any other charges added after the date of the last payment made by or on behalf of the consumer on the subject debt; ``(8) a description of the rights of the consumer-- ``(A) to request that the debt collector cease communication with the consumer under section 805(c); and ``(B) to have collection efforts stopped under subsection (b); and ``(9) the name and contact information of the person responsible for handling complaints on behalf of the debt collector.''. (b) Effective Date.--This section and the amendments made by this section shall become effective 1 year after the date of enactment of this Act. SEC. 3. MEDICAL DEBT PROVISIONS. (a) Findings.--Section 802 of the Fair Debt Collection Practices Act (15 U.S.C. 1692) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Medical debt is unique among types of consumer debt in that-- ``(1) with very few exceptions, consumers seek out health care services out of medical need, not choice; ``(2) consumers typically do not know the cost of health care services in advance and are not in a position to negotiate a lower price; and ``(3) overly aggressive medical debt collection can discourage consumers from seeking needed healthcare services, with dire financial, physical and public health consequences for themselves and their communities.''. (b) Prohibiting Medical Facility Contacts.--Section 806 of the Fair Debt Collection Practices Act (15 U.S.C. 1692d) is amended by adding at the end the following: ``(7) Communicating or attempting to communicate with a consumer in connection with the collection of any debt in a hospital emergency department, labor and delivery department, or any department where critical care medical services are provided, such as the intensive care unit. Nothing in this paragraph prohibits a health care provider from providing information to a consumer about a debt in response to a direct request from the consumer or discussing a debt at the time the consumer is discharged.''. (c) Actions Constituting Unfair Medical Debt Collection Practices.--Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following: ``(9) Withholding emergency medical services, taking action to delay such services, threatening to withhold such services, or giving the impression that such services will be withheld until a debt is paid. ``(10) Using protected health information, as defined in regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), except to the extent as is absolutely necessary to provide adequate information to consumers.''. (d) Treatment of Medical Debt.--The Fair Debt Collection Practices Act (15 U.S.C. 1692a et seq.) is amended by adding at the end the following new section: ``SEC. 820. TREATMENT OF MEDICAL DEBT. ``(a) In General.--Sections 806, 807 (other than paragraph (11)), 808, 811, and 813, shall apply to the collection of a medical debt, whether or not the debt is being collected directly by the creditor or on behalf of the creditor by a third party, and regardless of whether such debt is current or past due. ``(b) Availability of Information.--Any person attempting to collect a medical debt shall-- ``(1) in the initial written communication to the consumer-- ``(A) prominently disclose the availability of any charity care coverage (or the equivalent thereof), financial assistance, discounts based on income eligibility, or public or private insurance coverage that may assist in the payment of all or part of the debt; and ``(B) provide the consumer with information regarding how to apply for such programs; and ``(2) in the initial oral communication to the consumer-- ``(A) orally disclose the availability of any charity care coverage (or the equivalent thereof), financial assistance, discounts based on income eligibility, or public or private insurance coverage that may assist in the payment of all or part of the debt; and ``(B) provide the consumer with information regarding how to apply for such programs. ``(c) Definition.--For purposes of this section, the term `medical debt' means debt arising from the receipt of medical services, products, or devices.''. SEC. 4. DISPUTE INVESTIGATIONS AND VERIFICATION. Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692g(b)) is amended-- (1) by inserting after ``(b)'' the following: ``Disputed Debts.-- ``(1) In general.--''; and (2) by striking ``Collection activities'' and inserting the following: ``(2) Reasonable investigation and verification required.-- Upon receipt of a notification under paragraph (1) that a debt is disputed by the consumer, the debt collector shall undertake a thorough investigation of the substance of the dispute, and shall timely provide to the consumer specific responsive information and verification of the disputed debt. ``(3) Collection activities.--Collection activities''. SEC. 5. AWARD OF DAMAGES. (a) Additional Damages Indexed for Inflation.-- (1) In general.--Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following: ``(f) Adjustment for Inflation.-- ``(1) Initial adjustment.--Not later than 90 days after the date of the enactment of this subsection, the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in such section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds ``(B) the Consumer Price Index for the 12-month period preceding January 1, 1978. ``(2) Annual adjustments.--With respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(B) the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).''. (2) Applicability.--The increases made under section 813(f) of the Fair Debt Collection Practices Act, as added by paragraph (1) of this subsection, shall apply with respect to failures to comply with a provision of such Act (15 U.S.C. 1601 et seq.) occurring on or after the date of enactment of this Act. (b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the following: ``In a civil action alleging a violation of this title, the court may award appropriate relief, including injunctive relief.''. SEC. 6. WARRANT FOR ARREST AS UNFAIR DEBT COLLECTION PRACTICE. (a) In General.--Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following: ``(11) A request by a debt collector to a court or any law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt.''. (b) Construction.--Paragraph (11) of section 808 of the Fair Debt Collection Practices Act, as added by subsection (a), shall not be construed to limit the inherent authority of a court to hold a debtor in civil contempt, nor to limit the ability of a debt collector to seek a writ of execution or similar remedy to take possession of property in order to satisfy a valid judgment of debt.

End Debt Collector Abuse Act of 2012 - Amends the Fair Debt Collection Practices Act to require a debt collector, in the absence of such information in an initial communication or payment of the debt, to include in a written notice to the consumer specified information regarding: (1) the last payment to the creditor on the debt; (2) the name and address of the last person to extend credit with respect to the debt; (3) an itemization of the principal, fees, and interest composing the debt; (4) a description of consumer rights to cause debt collector communication to cease and collection efforts to stop; and (5) the name and contact information of the person responsible for handling complaints on the debt collector's behalf. Prohibits communication with a consumer in connection with the collection of any debt in a hospital emergency department, labor and delivery department, or any department where critical care medical services are provided, such as the intensive care unit. Permits a health care provider, however, to: (1) provide a consumer with information about a debt upon the consumer's direct request, and (2) discuss a debt at the time the consumer is discharged. Makes it an unfair medical debt collection practices to: (1) withhold emergency medical services or threaten to withhold them, (2) delay such services, or (3) give the impression that such services will be withheld until a debt is paid. Applies to the collection of a medical debt the prohibition of certain practices, including harassment or abuse, false or misleading representations, and enumerated unfair practices, as well as certain requirements for legal actions by debt collectors. Requires any person attempting to collect a medical debt to inform the consumer how to apply for: (1) charity care coverage, (2) financial assistance, (3) discounts based on income eligibility, or (4) public or private insurance coverage that may assist in the payment of all or part of the debt. Revises procedures governing disputed debts to require a debt collector, upon notification that a debt is disputed by the consumer, to undertake a thorough investigation of the substance of the dispute and timely provide specific responsive information and verification of the disputed debt. Requires the Consumer Financial Protection Bureau (CFPB) to provide inflation adjustments to damages awarded in cases of noncompliance with fair debt collection practices under the Act. Allows a court, in a civil action alleging violations of fair debt collection practices, to award appropriate relief, including injunctive relief. Deems as an unfair practice a request by a debt collector to a court or law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt.

A bill to make improvements to the Fair Debt Collection Practices Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Exemption for Washington from Obamacare Act''. SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, and political appointees in the exchange.--''; (2) in clause (I), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and (B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall''; (3) in clause (ii)-- (A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and (B) by adding at the end the following: ``(III) Political appointee.--The term `political appointee' means any individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. ``(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange. ``(vi) Clarification.--The terms small employer (as defined under section 1304(b)(2)) and qualified employers (as defined under subsection (f)) do not include the Congress, with respect to enrollments in an Exchange and a SHOP Exchange.''.

No Exemption for Washington from Obamacare Act This bill amends the Patient Protection and Affordable Care Act to extend the requirement for participation in a health insurance exchange to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress. Currently, this requirement applies to Members of Congress and their staff. The government is prohibited from contributing to or subsidizing the health insurance coverage of officials and employees subject to this requirement.

No Exemption for Washington from Obamacare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Jobs Act of 2010''. SEC. 2. SUMMER AND YEAR-ROUND YOUTH JOBS. (a) Findings.--Congress finds that-- (1) a $1,500,000,000 investment in summer and year-round employment for youth, through the program supported under this section, can create up to 450,000 temporary jobs and meaningful work experiences for economically disadvantaged youth and stimulate local economies; (2) there is a serious and growing need for employment opportunities for economically disadvantaged youth (including young adults), as demonstrated by statistics from the Bureau of Labor Statistics stating that, in November 2009-- (A) the unemployment rate increased to 10 percent, as compared to 6.8 percent in November 2008; (B) the unemployment rate for 16- to 19-year-olds rose to 26.7 percent, as compared to 20.4 percent in November 2008; and (C) the unemployment rate for African-American 16- to 19-year-olds increased to 49.4 percent, as compared to 32.2 percent in November 2008; (3) research from Northwestern University has shown that every $1 a youth earns has an accelerator effect of $3 on the local economy; (4) summer and year-round jobs for youth help supplement the income of families living in poverty; (5) summer and year-round jobs for youth provide valuable work experience for economically disadvantaged youth; (6) often, a summer or year-round job provided under the Workforce Investment Act of 1998 is an economically disadvantaged youth's introduction to the world of work; (7) according to the Center for Labor Market Studies at Northeastern University, early work experience is a very powerful predictor of success and earnings in the labor market, and early work experience raises earnings over a lifetime by 10 to 20 percent; (8) participation in a youth jobs program can contribute to a reduction in criminal and high-risk behavior for youth; and (9)(A) youth jobs programs benefit both youth and communities when designed around principles that promote mutually beneficial programs; (B) youth benefit from jobs that provide them with work readiness skills and that help them make the connection between responsibility on the job and success in adulthood; and (C) communities benefit when youth are engaged productively, providing much-needed services that meet real community needs. (b) References.-- (1) Certificate; credential.--In subsection (d), references to the terms ``certificate'' and ``credential'' have the meanings prescribed by the Secretary of Labor. (2) Youth-related references.--In this Act, and in the provisions referred to in subsections (c) and (d) for purposes of this Act-- (A) a reference to a youth refers to an individual who is not younger than age 14 and not older than age 24, and meets any other requirements for that type of youth; and (B) a reference to a youth activity refers to an activity covered in subsection (d)(1) that is carried out for a youth described in subparagraph (A). (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Labor for youth activities under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), $1,500,000,000, which shall be available for the period of January 1, 2010, through June 30, 2011, under the conditions described in subsection (d). (d) Conditions.-- (1) Use of funds.--The funds made available under subsection (c) shall be used for youth jobs and training programs, to provide opportunities referred to in subparagraphs (C), (D), (E), and (F) of section 129(c)(2) of such Act (29 U.S.C. 2854(c)(2)) and, as appropriate, opportunities referred to in subparagraphs (A) and (G) of such section, except that no such funds shall be spent on unpaid work experiences and the opportunities may include learning described in paragraph (3)(B). (2) Limitation.--Such funds shall be distributed in accordance with sections 127 and 128 of such Act (29 U.S.C. 2852, 2853), except that no portion of such funds shall be reserved to carry out 128(a) or 169 of such Act (29 U.S.C. 2853(a), 2914). (3) Priority.--In using funds made available under subsection (c), a local area (as defined in section 101 of such Act (29 U.S.C. 2801))-- (A) shall give priority to providing-- (i) work experiences in viable, emerging, or demand industries, or work experiences in the public or nonprofit sector that fulfill a community need; and (ii) job referral services for youth to work experiences described in clause (i) in the private sector, for which the employer involved agrees to pay the wages and benefits, consistent with Federal and State child labor laws; and (B) may give priority to providing-- (i) work experiences combined with linkages to academic and occupational learning, so that the experiences and learning provide opportunities for youth to earn a short-term certificate or credential that has value in the labor market; and (ii) work experiences combined with learning that are designed to encourage and maximize the likelihood of a participant's return to, or completion of, a program of study leading to a recognized secondary or postsecondary degree, certificate, or credential. (4) Measure of effectiveness.--The effectiveness of the activities carried out with such funds shall be measured, under section 136 of such Act (29 U.S.C. 2871), only with performance measures based on the core indicators of performance described in section 136(b)(2)(A)(ii)(I) of such Act (29 U.S.C. 2871(b)(2)(A)(ii)(I)), applied to all youth served through the activities.

Youth Jobs Act of 2010 - Authorizes appropriations to the Secretary of Labor for summer and year-round youth jobs and training programs for individuals aged 14 to 24 under the Workforce Investment Act of 1998 which are directly linked to academic and occupational learning for the period January 1, 2010, through June 30, 2011. Prohibits the use of such funds for unpaid jobs, statewide workforce investment activities, or the award of certain youth opportunity grants. Requires local areas receiving such funds to give priority to providing: (1) work experiences in viable, emerging, or demand industries, or work experiences in the public or nonprofit sector that fulfill a community need; and (2) job referral services for youth for such jobs in which the employer agrees to pay the wages and benefits consistent with federal and state child labor laws. Authorizes such local areas to give priority to providing work experiences linked to academic and occupational learning to: (1) provide opportunities to youth to earn a short-term certificate or credential that has value in the labor market; and (2) encourage the likelihood of a participant's return to, or completion of, a program of study leading to a recognized secondary or postsecondary degree, certificate, or credential.

A bill to provide funding for summer and year-round youth jobs and training programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia District Attorney Establishment Act of 2003''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE DISTRICT ATTORNEY FOR THE DISTRICT OF COLUMBIA. (a) In General.--Part F of title IV of the District of Columbia Home Rule Act (sec. 1-204.91 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``office of the district attorney for the district of columbia ``Sec. 496. (a) Creation.--There is hereby established the Office of the District Attorney for the District of Columbia (hereafter in this section referred to as the `Office'), to be headed by the District Attorney for the District of Columbia (hereafter in this section referred to as the `District Attorney'). ``(b) General Powers and Duties.--The District Attorney shall be the chief legal officer for the District of Columbia, and in the performance of such duties shall-- ``(1) prosecute the local criminal laws of the District of Columbia, including violations committed by both adult and juvenile offenders, and perform any related functions as provided by local law in the District of Columbia; and ``(2) have the authority to perform civil enforcement and other legal functions as provided by local law in the District of Columbia. ``(c) General Qualifications.-- ``(1) In general.--No individual may serve as District Attorney unless the individual-- ``(A) is a qualified elector; ``(B) is domiciled in the District; ``(C) has resided and been domiciled in the District for at least one year immediately preceding the day on which the general or special election for such office is to be held; ``(D) holds no other public office for which he or she is compensated in an amount in excess of his or her actual expenses in connection therewith, except that nothing in this clause shall prohibit any such individual, while District Attorney, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a Reserve component of an armed force of the United States, other than a person serving on active duty under a call for more than thirty days; and ``(E) is admitted to the practice of law in the District, is registered with the District of Columbia Bar as an active practitioner, and has not been and is currently not disbarred or suspended from practice in any jurisdiction.. ``(2) Restrictions on private practice.--The District Attorney shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law. ``(3) Forfeiture of office.--The District Attorney shall forfeit the office upon failure to maintain the qualifications required by this subsection ``(d) Elections; Filling Vacancies; Initial Appointment.-- ``(1) Elections.--The District Attorney shall be elected on a partisan basis by the registered qualified electors of the District. The term of office of the District Attorney shall be four years, except as provided in paragraph (3), and shall begin at noon on January 2 of the year following the election. The District Attorney's term of office shall coincide with the term of the Mayor. The first election for the District Attorney shall take place in 2004. ``(2) Vacancies.--To fill a vacancy for the position of District Attorney, the Board of Elections and Ethics shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this subsection. The person shall take office on the day in which the Board of Elections and Ethics certifies his or her election and shall serve as District Attorney only for the remainder of the term during which such vacancy occurred. ``(3) Initial appointment.--Not later than 30 days after the date of the enactment of the District of Columbia District Attorney Establishment Act of 2003, the Mayor, by resolution, shall appoint a District Attorney who shall serve until succeeded by an elected District Attorney. The proposed resolution shall be submitted to the Council for a 30-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed resolution within the 30-day review period, the resolution shall be deemed approved.''. (b) Clerical Amendment.--The table of sections of part F of title IV of the District of Columbia Home Rule Act is amended by adding at the end the following new item: ``Sec. 496. Office of the District Attorney for the District of Columbia.''. SEC. 3. RESPONSIBILITY OF DISTRICT ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR CONDUCT OF ALL PROSECUTIONS. (a) In General.--Section 23-101, D.C. Official Code, is amended by striking subsections (a) through (f) and inserting the following: ``(a) Prosecutions for violations of all police or municipal ordinances or regulations of the District of Columbia and for violations of all penal statutes of the District of Columbia in the nature of police or municipal regulations shall be conducted in the name of the District of Columbia by the District Attorney for the District of Columbia or the District Attorney's assistants, except as may otherwise be provided in any such ordinance, regulation, or statute. ``(b) An indictment or information brought in the name of the United States in the United States District Court for the District of Columbia may include charges of offenses prosecutable by the District of Columbia if the District Attorney for the District of Columbia consents to the inclusion of such charges in writing. ``(c) An indictment or information brought in the name of the District of Columbia in the Superior Court of the District of Columbia may be joined for trial in the United States District Court for the District of Columbia with an indictment or information brought in that court if the offenses charged therein could have been joined in the same indictment or information and if the District Attorney for the District of Columbia consents to such joinder. ``(d) Nothing in this section shall affect the authority of the Attorney General of the United States or the United States Attorney for the District of Columbia to exercise jurisdiction concerning violations of the laws of the United States.''. (b) Conforming Amendments.-- (1) Appeals.--Section 23-104, D.C. Official Code, is amended by striking ``Corporation Counsel'' each place it appears in subsections (a)(1), (b), and (d), and inserting ``District Attorney for the District of Columbia''. (2) Proceedings to establish previous convictions.--Section 23-111(a)(1), D.C. Official Code, is amended by striking ``Corporation Counsel'' and inserting ``District Attorney for the District of Columbia''. (3) Definition of prosecutor.--Section 23-501, D.C. Official Code, is amended by striking ``Corporation Counsel of the District of Columbia'' and inserting ``District Attorney for the District of Columbia''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations of District of Columbia ordinances, regulations, and statutes which occur after the expiration of the 6- month period which begins on the date of the enactment of this Act.

District of Columbia District Attorney Establishment Act of 2003 - Amends the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, to be headed by the District Attorney (DA) for the District. Makes the DA the chief legal officer for the District to: (1) prosecute the District's local criminal laws, including violations committed by both adult and juvenile offenders, and perform any related functions; and (2) perform civil enforcement and other legal functions as provided by local law. Specifies the qualifications for DA, including residence and domicile in the District. Prohibits the DA from engaging directly or indirectly in private practice. Requires the District Attorney to be elected to a four-year term on a partisan basis by the registered qualified electors of the District; except that within 30 days after the enactment of this Act, the Mayor, by resolution, shall appoint a District Attorney to serve until succeeded by an elected District Attorney. States that nothing in this Act shall affect the authority of the Attorney General or the U.S. Attorney for the District to exercise jurisdiction concerning violations of Federal laws.

To amend the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, headed by a locally elected and independent District Attorney, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nicaragua Human Rights and Anticorruption Act of 2018''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress on advancing a negotiated solution to Nicaragua's crisis. Sec. 3. Statement of policy. Sec. 4. Restrictions on international financial institutions relating to Nicaragua. Sec. 5. Imposition of targeted sanctions with respect to Nicaragua. Sec. 6. Annual certification and waiver. Sec. 7. Report on human rights violations and corruption in Nicaragua. Sec. 8. Civil society engagement strategy. Sec. 9. Reform of Western Hemisphere Drug Policy Commission. Sec. 10. Termination. Sec. 11. Definitions. SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA'S CRISIS. It is the sense of Congress that-- (1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes-- (A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation; (B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and (C) independent investigations into the killings of protesters; and (2) negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act because the Government of Nicaragua has failed to credibly participate in the process. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support-- (1) the rule of law and an independent judiciary and electoral council in Nicaragua; (2) democratic governance in Nicaragua; (3) free and fair elections overseen by credible domestic and international observers in Nicaragua; and (4) anti-corruption and transparency efforts in Nicaragua. SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA. (a) Restrictions.--The Secretary of the Treasury shall-- (1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; (2) instruct the United States Executive Director of the Inter- American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and (3) instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights. (b) Exceptions for Basic Human Needs and Democracy Promotion.--The restrictions under paragraphs (1) and (2) of subsection (a) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua. (c) Briefing by the Secretary of the Treasury.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall brief the appropriate congressional committees on the effectiveness of international financial institutions in enforcing applicable program safeguards in Nicaragua. SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA. (a) In General.--The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines-- (1) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b); (2) to be a leader of-- (A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or (B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader; (3) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of-- (A) an activity described in subsection (b); or (B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or (4) to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A). (b) Activities Described.--An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018: (1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018. (2) Significant actions or policies that undermine democratic processes or institutions. (3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including-- (A) the expropriation of private or public assets for personal gain or political purposes; (B) corruption related to government contracts; (C) bribery; or (D) the facilitation or transfer of the proceeds of corruption. (4) The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press. (c) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the united states and revocation of visa or other documentation.--In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception relating to importation of goods.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (4) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (d) Implementation; Regulatory Authority.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Regulatory authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 6. ANNUAL CERTIFICATION AND WAIVER. (a) Certification.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps-- (1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council; (2) to combat corruption, including by investigating and prosecuting cases of public corruption; (3) to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists; (4) to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018; and (5) to hold free and fair elections overseen by credible domestic and international observers (b) Waiver.-- (1) Temporary general waiver.--If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification. (2) National interest waiver.--The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) submits to the appropriate congressional committees a notice of and justification for the waiver. (3) Sense of congress.--It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection. (c) Consultation.--In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees. (d) Annual Briefing.--The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a). SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on-- (1) the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and (2) persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua. (b) Form.--The report required by subsection (a) may be classified. SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy-- (1) for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti- corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and (2) setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua. SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. Section 603(f)(1) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1938) is amended by striking ``Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement'' and inserting ``At the initial meeting of the Commission, the Commission shall develop and implement''. SEC. 10. TERMINATION. The provisions of this Act (other than section 9) shall terminate on December 31, 2023. SEC. 11. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. (2) Good.--The term ``good'' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Nicaraguan Investment Conditionality Act (NICA) of 2017 (Sec. 4) This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: hold free elections overseen by credible domestic and international electoral observers; promote democracy and an independent judicial system and electoral council; strengthen the rule of law; respect the right to freedom of association and expression; combat corruption, including investigating and prosecuting corrupt government officials; and protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference. The Department of the Treasury shall submit to Congress a report assessing: (1) the effectiveness of the international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified constitutional and election concerns in Nicaragua on long-term prospects for positive development outcomes there. The President may waive such requirements in the U.S. national interest. (Sec. 5) The bill requires: (1) the President to direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2017, and (2) the State Department to report on the involvement of senior Nicaraguan government officials in acts of public corruption or human rights violations.

Nicaraguan Investment Conditionality Act (NICA) of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Punitive Damage Awards Act''. SEC. 2. FINDINGS. Congress finds that-- (1) punitive damage awards in jury verdicts in financial injury cases are a serious and growing problem, and according to a Rand Institute for Civil Justice study in 1997 of punitive damage verdicts from calendar years 1985 through 1994 in States that represent 25 percent of the United States population-- (A) nearly 50 percent of all punitive damage awards are made in financial injury cases (those in which the plaintiff is alleging a financial injury only and is not alleging injuries to either person or property); (B) punitive damages are awarded in 1 in every 7 financial injury verdicts overall and 1 in every 5 financial injury cases in the State of California; (C) between calendar years 1985 through 1989 and calendar years 1990 through 1994, the average punitive damage verdict in financial injury cases increased from $3,400,000 to $7,600,000; (D) between calendar years 1985 through 1989 and calendar years 1990 through 1994, the award of such damages at the 90th percentile increased from $3,900,000 to $12,100,000; (E) between calendar years 1985 through 1989 and calendar years 1990 through 1994, the total amount of punitive damages awarded increased from $1,200,000,000 to $2,300,000,000, for a 10-year total of $3,500,000,000; (F) punitive damages represent a very large percentage of total damages awarded in all financial injury verdicts, increasing from 44 percent to 59 percent during the period analyzed; and (G) in the State of Alabama, punitive damages represent 82 percent of all damages awarded in financial injury cases; (2) excessive, unpredictable, and often arbitrary punitive damage awards have a direct and undesirable effect on interstate commerce by increasing the cost and decreasing the availability of goods and services; (3) as a result of excessive, unpredictable, and often arbitrary punitive damage awards, consumers have been adversely affected through the withdrawal of products, producers, services, and service providers from the marketplace, and from excessive liability costs passed on to consumers through higher prices; (4) excessive, unpredictable, and often arbitrary punitive damage awards jeopardize the financial well-being of many individuals and companies, particularly the Nation's small businesses, and adversely affect government and taxpayers; (5) individual State legislatures, 5 of whom have banned punitive damages and 14 others of whom have place limitations on the amount of such awards, can create only a partial remedy to address these problems because each State lacks the power to control the imposition of punitive damages in other States; (6) it is the constitutional role of the national Government to remove barriers to interstate commerce and to protect due process rights; (7) there is a need to restore rationality, certainty, and fairness to the award of punitive damages in order to protect against excessive, arbitrary, and uncertain awards; (8) establishing a rule of proportionality, in cases that primarily involve financial injury, between the amount of punitive damages awarded and the amount of economic damages would-- (A) be fair to both plaintiffs and defendants; and (B) address the constitutional objection of the United States Supreme Court in BMW of North America v. Gore 116 S. Ct. 1589 (1996) to punitive damages that are grossly excessive in relation to the harm suffered; and (9) based upon the powers contained in Article I, section 8, clause 3 and section 5 of the 14th amendment of the United States Constitution, this Act will-- (A) promote the free flow of goods and services and lessen the burdens on interstate commerce; and (B) uphold constitutionally protected due process rights by placing reasonable limits on damages over and above the actual damages suffered by a claimant. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Act of terrorism.--The term ``act of terrorism'' means any activity that-- (A)(i) is a violation of the criminal laws of the United States or any State; or (ii) would be a criminal violation if committed within the jurisdiction of the United States or any State; and (B) appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by assassination or kidnaping. (2) Claimant.--The term ``claimant''-- (A) means any person who brings a civil action that is subject to this Act and any person on whose behalf such an action is brought; and (B) includes-- (i) a claimant's decedent if such action is brought through or on behalf of an estate; and (ii) a claimant's legal guardian if such action is brought through or on behalf of a minor or incompetent. (3) Compensatory damages.--The term ``compensatory damages'' means damages awarded for economic and non-economic loss. (4) Economic loss.--The term ``economic loss'' means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities, to the extent such recovery is allowed under applicable Federal or State law. (5) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (6) Interstate commerce.--The term ``interstate commerce'' means commerce among the several States or with foreign nations, or in any territory of the United States or in the District of Columbia, or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia and any State or territory or foreign nation. (7) Person.--The term ``person'' includes any governmental entity. (8) Punitive damages.--The term ``punitive damages'' means damage awarded against any person to punish or deter such person, or others, from engaging in similar behavior in the future. SEC. 4. APPLICABILITY. (a) General Rule.-- (1) Civil actions covered.--Except as provided in subsection (b), this Act applies to any civil action brought in any Federal or State court where such action affects interstate commerce or implicates rights or interests that may be protected by Congress under section 5 of the 14th amendment of the United States Constitution and where the claimant seeks to recover punitive damages under any theory for harm. Punitive damages may, to the extent permitted by applicable State law, be awarded against a person in such an action only if the claimant establishes by clear and convincing evidence that conduct of such person was carried out with a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. (b) Exceptions.-- (1) In general.--The provisions of this Act shall not apply to any person in a civil action described in subsection (a)(1) if the misconduct for which punitive damages are awarded against that person-- (A) caused harm that resulted in death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function; (B) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) for which the defendant has been convicted in any court; (C) constitutes an act of terrorism for which the defendant has been convicted in any court; (D) constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C 534 note) for which the defendant has been convicted in any court; (E) occurred at a time when the defendant was under the influence (as determined pursuant to applicable State law) of-- (i) intoxicating alcohol, or (ii) any drug that may not lawfully be sold without a prescription or had been taken by the defendant other than in accordance with the terms of a lawful prescription, and if the defendant so being under the influence caused the harm for which the civil action was brought; or (F) constitutes a felony sexual offense, as defined by applicable Federal or State law, for which the defendant has been convicted in any court. (2) Question of law.--The applicability of this subsection and what constitutes death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function shall be a question of law for determination by the court. The liability of any other person in such an action shall be determined in accordance with this Act. SEC. 5. PROPORTIONAL AWARDS. (a) Amount.-- (1) In general.--The amount of punitive damages that may be awarded to a claimant in any civil action that is subject to this Act shall not exceed the greater of-- (A) 3 times the amount awarded to the claimant for economic loss; or (B) $250,000. (2) Special rule for small business and certain individuals.-- (A) In general.--Notwithstanding paragraph (1), in any civil action that is subject to this Act against an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 25 full-time employees, the amount of punitive damages shall not exceed the lesser of-- (i) 3 times the amount awarded to the claimant for economic loss; or (ii) $250,000. (B) Applicability.--For purposes of determining the applicability of this paragraph to a corporation, the number of employees of a subsidiary of a wholly owned corporation shall include all employees of a parent corporation or any subsidiary of that parent corporation. (b) Application of Limitations by the Court.--The limitations in subsection (a) shall be applied by the court and shall not be disclosed to the jury. (c) Bifurcation at Request of Any Party.-- (1) In general.--At the request of any party the trier of fact in any action that is subject to this section shall consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded for the harm that is the subject of the action and the amount of the award. (2) Inadmissibility of evidence relative only to a claim of punitive damages in a proceeding concerning compensatory damages.--If any party requests a separate proceeding under paragraph (1), in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to the claim of punitive damages, as determined by applicable State law, shall be inadmissible. SEC. 6. PREEMPTION. Nothing in this Act shall be construed to-- (1) create a cause of action for punitive damages; (2) supersede or alter any Federal law; (3) preempt or supersede any Federal or State law to the extent such law would further limit the award of punitive damages; or (4) modify or reduce the ability of courts to order remittitur. SEC. 7. FEDERAL CAUSE OF ACTION PRECLUDED. The district courts of the United States shall not have jurisdiction pursuant to this Act based on section 1331 or 1337 of title 28, United States Code. SEC. 8. EFFECTIVE DATE. This Act applies to any civil action described in section 4 that is commenced on or after the date of enactment of this Act, without regard to whether the harm that is the subject of the action or the conduct that caused the harm occurred before such date of enactment.

Fairness in Punitive Damage Awards Act - Limits punitive damage awards in civil actions brought in Federal or State court that affect interstate commerce or implicate rights or interests that may be protected by the Congress under the 14th Amendment where such damages are sought under any theory for harm. Permits punitive damages, to the extent permitted by applicable State law, to be awarded against a person in such an action only if the claimant establishes by clear and convincing evidence that conduct of such person was carried out with a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Makes this Act inapplicable to any person in such action if the misconduct for which punitive damages are awarded: (1) caused harm that resulted in death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function; (2) occurred at a time when the defendant was under the influence of intoxicating alcohol or any drug that may not lawfully be sold without a prescription or had been taken by the defendant other than in accordance with the terms of a lawful prescription, and if the defendant so being under the influence caused the harm for which the civil action was brought; or (3) constitutes a crime of violence, an act of terrorism, a hate crime, or a felony sexual offense, for which the defendant has been convicted in any court. (Sec. 5) Limits the amount of punitive damages that may be awarded to a claimant in any civil action that is subject to this Act: (1) to the greater of three times the amount awarded for economic loss or $250,000; or (2) for an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 25 full-time employees, to the lesser of three times the amount awarded for economic loss or $250,000. Directs that these limitations be applied by the court and not be disclosed to the jury. Directs the trier of fact, at the request of any party in such an action, to consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded and the amount thereof. Specifies that if any party requests a separate proceeding, in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to punitive damages, as determined by applicable State law, shall be inadmissible. (Sec. 7) Denies the U.S. district courts jurisdiction pursuant to this Act based on Federal provisions regarding Federal question jurisdiction, or commerce and antitrust regulations and amount in controversy.

Fairness in Punitive Damage Awards Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``FFSCC Act of 2010''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) According to the Federal Deposit Insurance Corporation, more than 60 million low- and moderate-income consumers in America remain unbanked, underbanked, or underserved. (2) The proportion of United States households that are unbanked varies considerably across racial and ethnic groups with certain racial and ethnic groups being more likely to be unbanked than the population as a whole. Minorities more likely to be unbanked include Blacks (21.7 percent of Black households), Hispanics (19.3 percent), and American Indian/ Alaskans (15.6 percent). Racial groups less likely to be unbanked are Asians (3.5 percent) and Whites (3.3 percent). (3) Certain racial and ethnic minorities are more likely to be underbanked than the population as a whole. Minorities more likely to be underbanked include Blacks (an estimated 31.6 percent), American Indian/Alaskans (28.9 percent), and Hispanics (24.0 percent). Asians and Whites are less likely to be underbanked (7.2 percent and 14.9 percent, respectively). (4) Households with income under $30,000 account for at least 71 percent of unbanked households. As income increases, the share of households that are unbanked declines considerably. Nationally, nearly 20 percent of lower-income United States households--almost 7 million households earning below $30,000 per year--do not currently have a bank account. In contrast, only 4.2 percent of households with annual income between $30,000 and $50,000 and less than 1 percent of households with yearly income of $75,000 or higher are unbanked. (5) Lack of access to affordable banking products and services deters the economic advancement of low- and moderate- income consumers and stunts the economic growth of communities in which they live. (b) Purpose.--The purpose of this Act is to establish a vibrant, safe, and commercially viable market for underbanked and unbanked individuals to gain access to financial services and products. SEC. 3. FEDERAL FINANCIAL SERVICES AND CREDIT COMPANY. (a) In General.--The Comptroller of the Currency is authorized, under such regulations as the Comptroller of the Currency may prescribe, to provide for the organization, incorporation, examination, operation, regulation, and chartering of companies to be known as Federal Financial Services and Credit Companies (hereinafter in this Act referred to as ``FFSCCs''). (b) Eligibility.-- (1) In general.--The Comptroller of the Currency may not issue an FFSCC charter to a company unless the company satisfies the following requirements, as determined by the Comptroller of the Currency: (A) The company has at least 10 years of experience in providing underbanked persons with at least three of the following services: (i) Installment loans extended to consumers or, in an amount less than $10,000, to small businesses. (ii) Open-end credit extended to consumers or, in an amount less than $10,000, to small businesses. (iii) Non-recourse credit extended to consumers and secured by personal property. (iv) The issuing of reloadable stored value cards to consumers or small businesses. (v) Ancillary financial services extended to consumers or small businesses, including issuing money orders, sending and receiving wire transfers, check cashing services, bill payment services, and tax preparation services. (vi) Such other short-term consumer credit services as the Comptroller of the Currency determines appropriate. (B) The company is not a depository institution or a credit union. (C) The company submits a business plan or operating plan that adequately addresses the appropriate statutory and policy considerations. Such plan shall-- (i) reflect sound financial principles and demonstrate realistic assessments of risk in light of economic and competitive conditions in the market for serving underbanked and unbanked populations; (ii) include information sufficient to permit the Comptroller of the Currency to evaluate the overall management ability of the company, especially the ability to provide financial services to the underbanked and unbanked population; and (iii) demonstrate that the company is aware of, and understands, Federal and State banking laws and sound banking operations and practices in the context of serving the needs of the underbanked and unbanked populations. (D) The company has senior management officials who are familiar with applicable Federal and State banking laws and regulations, and the credit and training needs of underbanked and unbanked customers (E) The company has competent management, with ability and experience relevant to the types of services to be provided, especially the ability and experience to design and provide financial services to the underbanked and unbanked consumer population. (2) Company defined.--For purposes of this subsection, the term ``company'' shall include-- (A) the entity applying for an FFSCC charter; (B) any wholly-owned subsidiary of such entity applying for an FFSCC charter; and (C) any other entity that is part of an affiliated control group with such entity applying for an FFSCC charter. (c) Requirements Placed on FFSCCs.-- (1) Credit disclosures.-- (A) Short-term credit.--With respect to an extension of short-term credit by an FFSCC, the FFSCC shall provide the person to whom credit is being extended a clear and prominent statement in the loan agreement that states the true cost of the loan in terms of an actual finance charge per dollar of credit extended to such person instead of the annual percentage rate disclosure required under the Truth in Lending Act. (B) Long-term credit.--With respect to an extension of long-term credit by an FFSCC, the FFSCC shall provide the person to whom credit is being extended a disclosure of the finance charge to be paid by the person, expressed as an ``annual percentage rate'', using that term. (2) Account access.--Each FFSCC shall provide continuous account access to the customers of the FFSCC, either through a toll-free telephone number, the Internet, or both. (3) Financial literacy programs.--Each FFSCC shall implement a financial literacy program, which shall include-- (A) making financial literacy materials available to its customers; and (B) assisting customers in building and improving their credit scores. (4) Additional requirements.--Each FFSCC shall comply with the following: (A) Have a primary mission of providing a comprehensive array of financial services to the underbanked, unbanked, and consumers with low credit scores. (B) Serve as a vehicle for providing access to credit products predominately to consumers who are consider unbanked or underbanked. (C) File articles of association, articles of incorporation, or other appropriate organizational documents with the Comptroller of the Currency. (D) Submit to the Comptroller of the Currency for approval a business plan which, among other things, provides in reasonable detail evidence of the knowledge, understanding, and experience of the institution and senior management of the unique challenges that unbanked and underbanked individuals face with respect to access to financial credit. (d) FFSCC Powers.--Subject to such regulations as the Comptroller of the Currency may issue, in addition to general corporate powers, an FFSCC shall have the power to provide the services described under each clause of subsection (b)(1)(A). (e) Penalty.--Whoever knowingly violates any provision of this section, or any regulation issued pursuant to this section, shall be fined not more than $20,000 for each day such violation continues or imprisoned for not more than 3 years, or both. (f) FFSCC Fee.--All FFSCCs shall pay an annual fee to the Comptroller of the Currency in an amount that the Comptroller of the Currency determines is sufficient, in the aggregate, to offset the cost to the Comptroller of the Currency of carrying out the provisions of this section. (g) Preemption of State Law.--A law of a State or political subdivision thereof is preempted if the application of such law would have a discriminatory effect on a company because such company is chartered as an FFSCC. SEC. 4. RATES AND TERMS STUDY; DEVELOPMENT OF FINANCIAL PRODUCTS. The Comptroller of the Currency shall-- (1) conduct a study on rates and terms used in the extension of credit; and (2) develop a suite of financial products that FFSCCs may offer to underbanked persons, that will-- (A) be fair to such persons; and (B) economically viable for FFSCCs to offer. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Consumer.--The term ``consumer'' shall have the meaning given such term under section 103(h) of the Truth in Lending Act (15 U.S.C. 1602(h)). (2) Depository institution definitions.--The terms ``depository institution'' and ``insured depository institution'' shall have the meaning given such terms under section 3(c) of the Federal Deposit Insurance Act. (3) Insured credit union.--The term ``insured credit union'' shall have the meaning given such term under section 101(7) of the Federal Credit Union Act. (4) Long-term credit.--The term ``long-term credit'' means an extension of credit with an initial term of one year or more. (5) Short-term credit.--The term ``short-term credit'' means an extension of credit with an initial term of less than one year. (6) Small business.--The term ``small business'' means a company with no more than 500 employees. (7) Underbanked.--The term ``underbanked'' means a natural person or a small business that-- (A) has a deposit account with an insured depository institution or an insured credit union; and (B) has limited or no ability to access nondepository services from insured depository institutions or insured credit unions. (8) Underbanked person.--The term ``underbanked person'' means a natural person or a small business that is underbanked, unbanked, or has a low credit score. (9) Other terms.--The Comptroller of the Currency may issue regulations to define such other terms as the Comptroller of the Currency determines necessary to carry out this Act.

FFSCC Act of 2010 - Authorizes the Comptroller of the Currency to provide for the organization, incorporation, examination, operation, regulation, and chartering of Federal Financial Services and Credit Companies (FFSCCs) to: (1) extend short-term and long-term credit; and (2) implement financial literacy programs. Imposes an annual fee upon FFSCCs payable to the Comptroller to offset the cost of implementing this Act. Directs the Comptroller to: (1) study rates and terms used in the extension of credit; and (2) develop a suite of FSCC financial products that will be fair to underbanked persons and economically viable for FFSCCs to offer.

To create a charter for Federal Financial Services and Credit Companies.