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SECTION 1. HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended-- (1) in the title heading, by striking ``AND THE NATIONAL RESEARCH AND EDUCATION NETWORK'' and inserting ``RESEARCH AND DEVELOPMENT''; (2) in section 101(a)-- (A) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following: ``(A) provide for long-term basic and applied research on high-performance computing; ``(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-performance computing and networking systems; ``(C) provide for sustained access by the research community in the United States to high-performance computing systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, including provision for technical support for users of such systems; ``(D) provide for efforts to increase software availability, productivity, capability, security, portability, and reliability; ``(E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and demonstration of, advanced applications enabled by such networks; ``(F) provide for computational science and engineering research on mathematical modeling and algorithms for applications in all fields of science and engineering; ``(G) provide for the technical support of, and research and development on, high-performance computing systems and software required to address Grand Challenges; ``(H) provide for educating and training additional undergraduate and graduate students in software engineering, computer science, computer and network security, applied mathematics, library and information science, and computational science; and ``(I) provide for improving the security of computing and networking systems, including Federal systems, including research required to establish security standards and practices for these systems.''; (B) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as so redesignated by subparagraph (B) of this paragraph-- (i) by striking subparagraph (B); (ii) by redesignating subparagraphs (A) and (C) as subparagraphs (D) and (F), respectively; (iii) by inserting before subparagraph (D), as so redesignated by clause (ii) of this subparagraph, the following new subparagraphs: ``(A) establish the goals and priorities for Federal high- performance computing research, development, networking, and other activities; ``(B) establish Program Component Areas that implement the goals established under subparagraph (A), and identify the Grand Challenges that the Program should address; ``(C) provide for interagency coordination of Federal high- performance computing research, development, networking, and other activities undertaken pursuant to the Program;''; and (iv) by inserting after subparagraph (D), as so redesignated by clause (ii) of this subparagraph, the following new subparagraph: ``(E) develop and maintain a research, development, and deployment roadmap for the provision of high-performance computing systems under paragraph (1)(C); and''; and (D) in paragraph (3), as so redesignated by subparagraph (B) of this paragraph-- (i) by striking ``paragraph (3)(A)'' and inserting ``paragraph (2)(D)''; (ii) by amending subparagraph (A) to read as follows: ``(A) provide a detailed description of the Program Component Areas, including a description of any changes in the definition of or activities under the Program Component Areas from the preceding report, and the reasons for such changes, and a description of Grand Challenges supported under the Program;''; (iii) in subparagraph (C), by striking ``specific activities'' and all that follows through ``the Network'' and inserting ``each Program Component Area''; (iv) in subparagraph (D), by inserting ``and for each Program Component Area'' after ``participating in the Program''; (v) in subparagraph (D), by striking ``applies;'' and inserting ``applies; and''; (vi) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); and (vii) in subparagraph (E), as so redesignated by clause (vi) of this subparagraph, by inserting ``and the extent to which the Program incorporates the recommendations of the advisory committee established under subsection (b)'' after ``for the Program''; (3) by striking subsection (b) of section 101 and inserting the following: ``(b) Advisory Committee.--(1) The President shall establish an advisory committee on high-performance computing consisting of non- Federal members, including representatives of the research, education, and library communities, network providers, and industry, who are specially qualified to provide the Director with advice and information on high-performance computing. The recommendations of the advisory committee shall be considered in reviewing and revising the Program. The advisory committee shall provide the Director with an independent assessment of-- ``(A) progress made in implementing the Program; ``(B) the need to revise the Program; ``(C) the balance between the components of the Program, including funding levels for the Program Component Areas; ``(D) whether the research and development undertaken pursuant to the Program is helping to maintain United States leadership in high-performance computing and networking technology; and ``(E) other issues identified by the Director. ``(2) In addition to the duties outlined in paragraph (1), the advisory committee shall conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and shall report not less frequently than once every two fiscal years to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on its findings and recommendations. The first report shall be due within one year after the date of enactment of this paragraph. ``(3) Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established by this subsection.''; and (4) in section 101(c)(1)(A), by striking ``Program or'' and inserting ``Program Component Areas or''. SEC. 2. DEFINITIONS. Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended-- (1) in paragraph (2), by inserting ``and multidisciplinary teams of researchers'' after ``high-performance computing resources''; (2) in paragraph (3)-- (A) by striking ``scientific workstations,''; (B) by striking ``(including vector supercomputers and large scale parallel systems)''; (C) by striking ``and applications'' and inserting ``applications''; and (D) by inserting ``, and the management of large data sets'' after ``systems software''; (3) in paragraph (4), by striking ``packet switched''; (4) by striking ``and'' at the end of paragraph (5); (5) by striking the period at the end of paragraph (6) and inserting ``; and''; and (6) by adding at the end the following new paragraph: ``(7) `Program Component Areas' means the major subject areas under which are grouped related individual projects and activities carried out under the Program.''. Passed the House of Representatives March 12, 2007. Attest: LORRAINE C. MILLER, Clerk.

Amends the High-Performance Computing Act of 1991 to revise program requirements for the National High-Performance Computing Program. Requires the Director of the Office of Science and Technology Policy to: (1) establish the goals and priorities for federal high-performance computing research, development, networking, and other activities; (2) establish Program Component Areas that implement such goals and identify the Grand Challenges (i.e., fundamental problems in science or engineering, with broad economic and scientific impact, whose solutions will require the application of high-performance computing resources) that the Program should address; and (3) develop and maintain a research, development, and deployment road map for the provision of high-performance computing systems. Revises requirements for annual reports by requiring that such reports: (1) describe Program Component Areas, including any changes in the definition of or activities under such Areas and the reasons for such changes, and describe Grand Challenges supported under the Program; (2) describe the levels of Federal funding and the levels proposed for each Program Component Area; (3) describe the levels of Federal funding for each agency and department participating in the Program for each such Area; and (4) include an analysis of the extent to which the Program incorporates the recommendations of the advisory committee on high-performance computing. Eliminates the requirement for inclusion of reports on Department of Energy activities taken to carry out the National High-performance Computing Program. Requires the advisory committee on high-performance computing to conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and to report at least once every two fiscal years to specified congressional committees. Prohibits applying provisions for the termination, renewal, and continuation of federal advisory committees under the Federal Advisory Committee Act to such advisory committee.

To amend the High-Performance Computing Act of 1991.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) In general.--Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. ``(B) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). ``(C) Rule of construction.--Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(D) Definitions.--In this paragraph: ``(i) Control.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who-- ``(I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); ``(II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or ``(III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. ``(ii) Eligible privately held company.-- The term `eligible privately held company' means a company that meets both of the following conditions: ``(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) The gross revenues of the company are less than $250,000,000. ``(iii) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner's equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. ``(E) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015, and every 5 years thereafter, each dollar amount in subparagraph (D)(ii)(II) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. SEC. 3. EFFECTIVE DATE. This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

. Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition brokers and associated persons. A merger and acquisition broker shall not be exempt from registration, however, if the broker: (1) receives, holds, transmits, or has custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engages on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Nothing in this Act shall be construed to limit any other authority of the Securities and Exchange Commission to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Veterans Health Care Enhancement Act''. SEC. 2. LIABILITY FOR PAYMENT. Section 222 of the Indian Health Care Improvement Act (25 U.S.C. 1621u) is amended by adding at the end the following: ``(d) Veterans Affairs Copayments.--The Service may pay, in accordance with section 412, the cost of a copayment assessed by the Department of Veterans Affairs to an eligible Indian veteran (as defined in section 412) for covered medical care (as defined in such section).''. SEC. 3. COPAYMENTS FOR TRIBAL VETERANS RECEIVING CERTAIN MEDICAL SERVICES. Title IV of the Indian Health Care Improvement Act (25 U.S.C. 1641 et seq.) is amended by adding at the end the following: ``SEC. 412. PAYMENTS FOR ELIGIBLE INDIAN VETERANS RECEIVING COVERED MEDICAL CARE AT VA FACILITIES. ``(a) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(A) in the Senate-- ``(i) the Committee on Veterans' Affairs; and ``(ii) the Committee on Indian Affairs; and ``(B) in the House of Representatives-- ``(i) the Committee on Veterans' Affairs; and ``(ii) the Committee on Natural Resources. ``(2) Covered medical care.--The term `covered medical care' means any medical care or service that is-- ``(A) authorized for an eligible Indian veteran under the contract health service and referred by the Service; and ``(B) administered at a facility of the Department of Veterans Affairs, including any services rendered under a contract with a non-Department of Veterans Affairs health care provider. ``(3) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian or Alaska Native veteran who is eligible for assistance from the Service. ``(b) Memorandum of Understanding.-- ``(1) In general.--Notwithstanding any other provision of law, except as provided in paragraph (3), the Secretary (or a designee, including the director of any area office of the Service), the Secretary of Veterans Affairs (or a designee) and any tribal health program, as applicable, shall enter into a memorandum of understanding, in consultation with Indian tribes to be impacted by the memorandum of understanding (on a national or regional basis), that authorizes the Secretary or tribal health program, as applicable, to pay to the Secretary of Veterans Affairs any copayments owed to the Department of Veterans Affairs by eligible Indian veterans for covered medical care. ``(2) Factors for consideration.--In entering into a memorandum of understanding under paragraph (1), the Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, shall take into consideration any findings contained in the report under subsection (e). ``(3) Exception.--The Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, shall not be required to enter into a memorandum of understanding under paragraph (1) if the Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, jointly certify to the appropriate committees of Congress that such a memorandum of understanding would-- ``(A) decrease the quality of health care provided to eligible Indian veterans; ``(B) impede the access of those veterans to health care; or ``(C) substantially decrease the quality of, or access to, health care by individuals receiving health care from the Department of Veterans Affairs or beneficiaries of the Service. ``(c) Payment by Service.--Notwithstanding any other provision of law and in accordance with the relevant memorandum of understanding described in subsection (b), the Service may cover the cost of any copayment assessed by the Department of Veterans Affairs to an eligible Indian veteran receiving covered medical care. ``(d) Authorization To Accept Funds.--Notwithstanding section 407(c), section 2901(b) of the Patient Protection and Affordable Care Act (25 U.S.C. 1623(b)), or any other provision of law, and in accordance with the relevant memorandum of understanding described in subsection (b), the Secretary of Veterans Affairs may accept a payment from the Service under subsection (c). ``(e) Report.--Not later than 90 days after the date of enactment of this section, the Secretary and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report that describes-- ``(1) the number of veterans, disaggregated by State, who-- ``(A) are eligible for assistance from the Service; and ``(B) have received health care at a medical facility of the Department of Veterans Affairs; ``(2) the number of veterans, disaggregated by State and calendar year, who-- ``(A) are eligible for assistance from the Service; and ``(B) were referred to a medical facility of the Department of Veterans Affairs from a facility of the Service during the period-- ``(i) beginning on January 1, 2011; and ``(ii) ending on December 31, 2016; and ``(3) an update regarding efforts of the Secretary and the Secretary of Veterans Affairs to streamline health care for veterans who are eligible for assistance from the Service and have received health care at a medical facility of the Department of Veterans Affairs and at a facility of the Service, including a description of-- ``(A) any changes to the provision of health care required under this Act; and ``(B) any barriers to efficiently streamline the provision of health care to veterans who are eligible for assistance from the Service.''.

. Tribal Veterans Health Care Enhancement Act (Sec. 2) This bill amends the Indian Health Care Improvement Act to permit the Indian Health Service (IHS) to pay copayments owed to the Department of Veterans Affairs (VA) by Indian veterans for medical services authorized under the Purchased/Referred Care program and administered at a VA facility. (Sec. 3) The IHS, the VA, and tribal health programs, in consultation with impacted tribes, must enter into a memorandum of understanding that authorizes the IHS or a tribal health program to pay such copayments unless it would decrease the quality of, or access to, health care for individuals receiving care from the IHS or the VA. The IHS and the VA must report on veterans who are eligible for IHS assistance and have received care from the VA.

Tribal Veterans Health Care Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Incentive Act of 1993''. SEC. 2. EXEMPTED SECURITIES. Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended-- (1) in paragraph (1), by inserting after the first sentence the following new sentence: ``Such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''; (2) in paragraph (1)(A)-- (A) by inserting after ``issuer'' the first place it appears ``and the company is or (but for the exceptions set forth in this paragraph and paragraph (7)) would be an investment company''; and (B) by striking ``unless as of the date'' and all that follows through the end of subparagraph (A) and inserting a period; and (3) by amending paragraph (7) to read as follows: ``(7) Any issuer whose outstanding securities are owned exclusively by persons who, at the time of acquisition of such securities, are qualified purchasers, except that such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''. SEC. 4. DEFINITION OF QUALIFIED PURCHASER. Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 2(a)) is amended by adding at the end the following new paragraph: ``(51) `Qualified purchaser' means-- ``(A) any natural person who owns at least $10,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; ``(B) any person, acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis, not less than $100,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; or ``(C) any person, who may own or invest a lesser amount in securities than specified in subparagraphs (A) and (B), that the Commission, by rule or regulation, has determined does not need the protections of this title, after consideration of factors such as-- ``(i) a high degree of financial sophistication, including extensive knowledge of and experience in financial matters; ``(ii) sizable net worth; ``(iii) a substantial amount of assets owned or under management; ``(iv) relationship with an issuer; or ``(v) such other factors as the Commission may determine to be consistent with the purpose of this paragraph. The Commission also may adopt such rules and regulations governing the persons specified in subparagraphs (A) and (B) as it determines are necessary or appropriate in the public interest and for the protection of investors.''. SEC. 5. DEFINITION OF INVESTMENT SECURITIES. Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(a)) is amended in the last sentence by striking subparagraph (C) and inserting the following: ``(C) securities issued by any majority-owned subsidiary of the owner, unless such subsidiary is an investment company or is excluded from the definition of an investment company solely by virtue of paragraph (1) or (7) of subsection (c).''. SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT COMPANIES. Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 6(a)) is amended by adding at the end the following new paragraph: ``(5)(A) Any company that is not engaged in the business of issuing redeemable securities, the operations of which are subject to regulation by the State in which the company is organized under a statute governing entities that provide financial or managerial assistance to enterprises doing business, or proposing to do business, in that State if-- ``(i) the organizational documents of the company state that the activities of the company are limited to the promotion of economic, business, or industrial development in the State through the provision of financial or managerial assistance to enterprises doing business, or proposing to do business, in that State, and such other activities that are incidental or necessary to carry out that purpose; ``(ii) immediately following each sale of the securities of the company by the company or any underwriter for the company, not less than 80 percent of the securities of the company being offered in such sale, on a class-by-class basis, are held by persons who reside or have a substantial business presence in that State; ``(iii) the securities of the company are sold, or proposed to be sold, by the company or any underwriter for the company, solely to accredited investors, as defined in section 2(15) of the Securities Act of 1933, or to such other persons that the Commission, as necessary or appropriate in the public interest and consistent with the protection of investors, may permit by rule, regulation, or order; and ``(iv) the company does not purchase any security issued by an investment company, as defined in section 3, or by any company that would be an investment company except for the exclusions from the definition of investment company in section 3(c), other than-- ``(I) any security that is rated investment grade by at least 1 nationally recognized statistical rating organization; or ``(II) any security issued by a registered open-end investment company that is required by its investment policies to invest not less than 65 percent of its total assets in securities described in subclause (I) or securities that are determined by such registered open-end investment company to be comparable in quality to securities described in subclause (I). ``(B) Notwithstanding the exemption provided by this paragraph, the provisions of section 9 (and, to the extent necessary to enforce such provisions, sections 38 through 51) of this title shall apply to a company described in this paragraph as if the company were an investment company registered under this title. ``(C) Any company proposing to rely on the exemption provided by this paragraph shall file with the Commission a notification stating that the company intends to do so, in such form and manner as the Commission may prescribe by rule. ``(D) Any company meeting the requirements of this paragraph may rely on the exemption provided by this paragraph upon filing with the Commission the notification required by subparagraph (C), until such time as the Commission determines by order that such reliance is not in the public interest or consistent with the protection of investors. ``(E) The exemption provided by this paragraph may be subject to such additional terms and conditions as the Commission may by rule, regulation, or order determine are necessary or appropriate in the public interest or for the protection of investors.''. SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION. Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(d)(1)) is amended by striking ``$100,000'' and inserting ``$10,000,000, or such other amount as the Commission may set by rule, regulation, or order''. SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY. Section 2(a)(46)(C) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(46)(C)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: ``(iii) it has total assets of not more than $4,000,000, and capital and surplus (shareholders' equity less retained earnings) of not more than $2,000,000, except that the Commission may adjust such amounts by rule, regulation, or order to reflect changes in 1 or more generally accepted indices or other indicators for small businesses; or''. SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY. Section 2(a)(48)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at the end the following: ``, and provided further that a business development company need not make available significant managerial assistance with respect to any company described in section 2(a)(46)(C)(iii), or with respect to any other company that meets such criteria as the Commission may by rule, regulation, or order permit, as consistent with the public interest, the protection of investors, and the purposes fairly intended by the policy and provisions of this title''. SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES. Section 55(a)(1)(A) of the Investment Company Act of 1940 (15 U.S.C. 80a-54(a)(1)(A)) is amended-- (1) by striking ``or from any person'' and inserting ``from any person''; and (2) by inserting before the semicolon ``, or from any other person, subject to such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors''. SEC. 11. FILING OF WRITTEN STATEMENTS. Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-63(b)(1)) is amended by inserting ``and capital structure'' after ``portfolio''.

Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act. Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers." Sets forth conditions under which certain business and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act. Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act. Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million. Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria. Permits a business development company to acquire the securities of an eligible portfolio company from persons other than such portfolio company itself. Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure.

Small Business Incentive Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``True American Heroes Act of 2003''. TITLE I--MEDALS FOR RESPONDERS AND RESISTERS SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead), the Speaker of the House 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 for each such officer, emergency worker, employee, or other individual to the next of kin or other personal representative of each such officer, emergency worker, employee, or other individual. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions to be determined by the Secretary to be emblematic of the valor and heroism of the men and women honored. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (d) Duplicative Gold Medals for Departments and Duty Stations.-- (1) In general.--The Secretary of the Treasury shall strike duplicates in gold of the gold medals struck pursuant to subsection (a) for presentation to each of the following, for permanent display in the respective offices, houses, stations, or places of employment: (A) The Governor of the State of New York. (B) The Mayor of the City of New York. (C) The Commissioner of the New York Police Department, the Commissioner of the New York Fire Department, the head of emergency medical services for the City of New York, and the Chairman of the Board of Directors of the Port Authority of New York and New Jersey. (D) Each precinct house, fire house, emergency response station, or other duty station or place of employment to which each person referred to in subsection (a) was assigned on September 11, 2001, for display in each such place in a manner befitting the memory of such persons. (e) Duplicate Bronze Medals.--Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under subsection (a) at a price sufficient to cover the costs of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. (f) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the medals authorized under this section should be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE PLANE TO CRASH. (a) Congressional Findings.--The Congress finds as follows: (1) On September 11, 2001, United Airlines Flight 93, piloted by Captain James Dahl, departed from Newark International Airport at 8:01 a.m. on its scheduled route to San Francisco, California, with 7 crew members and 38 passengers on board. (2) Shortly after departure, United Airlines Flight 93 was hijacked by terrorists. (3) At 10:37 a.m. United Airlines Flight 93 crashed near Shanksville, Pennsylvania. (4) Evidence indicates that people aboard United Airlines Flight 93 learned that other hijacked planes had been used to attack the World Trade Center in New York City and resisted the actions of the hijackers on board. (5) The effort to resist the hijackers aboard United Airlines Flight 93 appears to have caused the plane to crash prematurely, potentially saving hundreds or thousands of lives and preventing the destruction of the White House, the Capitol, or another important symbol of freedom and democracy. (6) The leaders of the resistance aboard United Airlines Flight 93 demonstrated exceptional bravery, valor, and patriotism, and are worthy of the appreciation of the people of the United States. (b) Presentation of Congressional Gold Medals Authorized.--In recognition of heroic service to the Nation, the Speaker of the House 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 for each passenger or crew member on board United Airlines Flight 93 who is identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane to the next of kin or other personal representative of each such individual. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (b), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (d) Duplicate Medals.--Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under subsection (b) at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of the United States Government, who responded to the attacks on the Pentagon Washington, D.C. and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead) the Speaker of the House 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 for each such officer, emergency worker, or employee to the next of kin or other personal representative of each such officer, emergency worker, or employee. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with the Secretary of Defense and any other appropriate representative of Federal, State, and local officers and agencies. SEC. 104. NATIONAL MEDALS. The medals struck under this title are national medals for purposes of chapter 51 of title 31, United States Code. TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS SEC. 201. FINDINGS. The Congress finds as follows: (1) On September 11, 2001, the United States suffered the worst act of terrorism in its history. (2) The more than 6,000 people who lost their lives as a result of the terrorist attacks that occurred in New York City, at the Pentagon, and in Pennsylvania on September 11, 2001, will not be forgotten. (3) Hundreds of emergency personnel responded heroically to the crisis and lost their lives as a result. (4) People from everywhere in the United States responded to the crisis with an outpouring of support for the victims of the terrorist attacks and their families. (5) The civilized world stands with strength and fortitude in opposition to the cowardly terrorist attacks against the United States that occurred on September 11, 2001. (6) It is essential to remember not only the tragedy of the attacks, but also the strength and resolve demonstrated by the people of the United States in the aftermath of the attacks. (7) The minting of coins in commemoration of the Spirit of America will pay tribute to the countless heroes who risked their lives during the terrorist attacks and in their aftermath so that others may live and to a united people whose belief in freedom, justice, and democracy has never swayed. SEC. 202. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the Spirit of America, the Secretary of the Treasury (hereafter in this title referred to as the ``Secretary'') shall mint and issue the following coins: (1) $50 gold coins.--Such number of 50 dollar coins as the Secretary determines 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 dollar 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 title shall equal the sum of 25,000 and the number determined under paragraph (2). (2) Determination of number.--The Secretary, in consultation with the Attorney General of the United States and the Governors of New York, Pennsylvania, and Virginia shall determine the number of innocent individuals confirmed or presumed to have been killed as a result of the terrorist attacks against the United States that occurred on September 11, 2001, and shall identify such individuals. The Secretary, under subsection (a)(1), shall mint and issue a number of 50 dollar coins equal to the number of such individuals. (c) Legal Tender.--The coins minted under this title 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 title shall be considered to be numismatic items. (e) Sources of Bullion.--For the purpose of minting coins under this title, 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 showing the Spirit of America and participating in the raising of funds for the victims of the crimes committed on that date, 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 title 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 title. SEC. 203. DESIGN OF COINS. (a) In General.--The design of the coins minted under this title shall be emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. (b) Designation and Inscriptions.--On each coin minted under this title there shall be-- (1) a designation of the value of the coin; (2) an inscription of the date ``September 11, 2001'' (and such coin shall bear no other date); and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this title shall be selected-- (1) by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. SEC. 204. STRIKING AND ISSUANCE OF COINS. (a) Quality of Coins.-- (1) In general.--Except as provided under paragraph (2), coins minted under this title shall be issued in uncirculated quality. (2) Gold coins.--50 dollar coins minted under section 202(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 title. (2) Clad coins.--Any number of facilities of the United States Mint may be used to strike the half dollar coins minted under section 202(a)(3). (c) Period for Issuance.--The Secretary-- (1) shall commence issuing coins minted under this title 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. 205. SALE OF COINS. (a) Sale Price.--The coins issued under section 202(a) (other than the 50 dollar 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 206(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). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under section 202(a) at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before the issuance of the coins minted under section 202(a). The sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary shall issue a 50 dollar coin minted under section 202(a)(1) for presentation free of charge to the next of kin or personal representative of each individual identified under section 202(b). 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. 206. SURCHARGES ON SALE OF COINS. (a) Assessment.--Any sale by the Secretary of a coin minted under this title shall include a surcharge of an amount determined by the Secretary to be sufficient to cover the cost of the gold coins minted under section 202(a)(1) (including labor, materials, dies, use of machinery, overhead expenses, and shipping) for presentment in accordance with section 205(d), which charge may not be less than-- (1) $100 per coin for the 50 dollar gold coins; (2) $10 per coin for the 1 dollar coin; and (3) $5 per coin for the half dollar coin. (b) Distribution of Excess Proceeds.--Any proceeds from the surcharges received by the Secretary from the sale of coins issued under this title in excess of the cost of producing all coins issued under this title (including coins issued for individuals identified pursuant to section 202(b)(2)) shall be-- (1) used to cover the costs incurred in the production of gold medals under title I that have not been recovered from the sale of duplicate bronze medals under such title; and (2) with respect to any amount remaining after the costs described in paragraph (1) are covered, transferred to any fund for victims of the tragedies of September 11, 2001, that the Secretary of the Treasury and the Attorney General jointly determine to be appropriate. Passed the House of Representatives September 11, 2003. Attest: JEFF TRANDAHL, Clerk.

True American Heroes Act of 2003 - Title I: Medals for Responders and Resisters - Directs the Speaker of the House and the President pro tempore of the Senate to make arrangements for the posthumous award of congressional gold medals to: (1) the emergency workers, government employees, and others who responded to the attacks on the World Trade Center in New York City and perished in the tragic events of September 11, 2001; (2) each passenger and crew member on board United Airlines Flight 93 who is identified by the Attorney General as having helped resist the hijackers before the crash; and (3) officers, emergency workers, and other Federal employees who responded to the attacks on the Pentagon and perished that day. Requires the Secretary of the Treasury to strike such medals and to strike gold duplicates of the first medal for presentation to the Governor of New York, the Mayor of New York City, and other specified police, fire, medical, and Port Authority officials and stations in New York and New Jersey. Authorizes the Secretary to strike and sell duplicate bronze medals. Title II: Spirit of America Commemorative Coins - Directs the Secretary to mint and issue $50-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. Sets forth surcharges for the coins minted under this title (not less than $100 per $50 coin, ten dollars per dollar coin, and five dollars per half-dollar coin), with the proceeds in excess of the cost of producing the gold coins to be used to cover the costs of producing the gold medals under title I not recovered from the sale of duplicate bronze medals, with any amount remaining to be transferred to a victims fund determined to be appropriate.

To posthumously award congressional gold medals to government workers and others who responded to the attacks on the World Trade Center and the Pentagon and perished and to people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash, to require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America, recognizing the tragic events of September 11, 2001, and for other purposes.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established the National Commission on Presidential War Powers and Civil Liberties (hereinafter in this Act referred to as the ``Commission'') to investigate the broad range of executive branch national security policies undertaken since the terrorist attacks of September 11, 2001, including detention by the United States Armed Forces and the intelligence community, the use by the United States Armed Forces or the intelligence community of enhanced interrogation techniques or interrogation techniques not authorized by the Uniform Code of Military Justice, ``ghosting'' or other policies intended to conceal the fact that an individual has been captured or detained, extraordinary rendition, domestic warrantless electronic surveillance, targeted killings away from conventional battlefields, the use of the state secrets or other litigation tactics or privileges to avoid judicial review of executive branch national security actions, and any other policies that the Commission may determine to be relevant to its investigation (hereinafter in this Act referred to as ``the activities''). SEC. 2. DUTIES. (a) In General.--The Commission shall-- (1) investigate relevant facts, circumstances and law surrounding the activities; and (2) report to the President and Congress the findings and conclusions of the Commission and any recommendations the Commission considers appropriate. (b) Consideration and Use of Other Investigations.--In carrying out its duties, the Commission shall consider and use, to the extent it deems appropriate, the investigations that have been conducted by other entities so as to avoid unnecessary duplication. (c) Protection of National Security.--The Commission shall carry out its duties in a manner consistent with the need to protect national security. SEC. 3. COMPOSITION OF THE COMMISSION. (a) Members.--Subject to the requirements of subsection (b), the Commission shall be composed of 9 members, of whom-- (1) 1 member shall be appointed by the President of the United States; (2) 2 members shall be appointed by the majority leader of the Senate; (3) 2 members shall be appointed by the minority leader of the Senate; (4) 2 members shall be appointed by the majority leader of the House of Representatives; and (5) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--No member of the Commission shall be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, constitutional law, civil liberties, intelligence gathering, national security, and foreign affairs. (4) Deadline for appointment.--All members of the Commission should be appointed within 120 days after the date of enactment of this Act. (5) Initial meeting.--If, 60 days after the date of enactment of this Act, six or more members of the Commission have been appointed, those members who have been appointed may meet and, if necessary, select a temporary Chairperson and Vice Chairperson, who may begin the operations of the Commission, including the hiring of staff. (6) Quorum; vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. Five members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (c) Chairperson; Vice Chairperson.-- (1) In general.--Subject to the requirement of paragraph (2), the Chairperson shall be appointed by the President and the Vice Chairperson of the Commission shall be appointed by the Senate minority leader. (2) Political party affiliation.--The Chairperson and Vice Chairperson shall not be from the same political party. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Issuance.-- (A) In general.--The Commission may, by a majority vote, issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the Commission is empowered to investigate under this section. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Signature.--Subpoenas issued under this paragraph may be issued under the signature of the Chair of the Commission, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission and may be served by any person designated by such Chair, subcommittee chair, or member. (2) Enforcement.-- (A) In general.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (B) Jurisdiction.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (C) Additional enforcement.--In the case of the failure of a witness to comply with any subpoena or to testify when summoned under authority of paragraph (1), the Commission, by majority vote, may certify a statement of fact attesting to such failure to the appropriate United States attorney, who shall bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (c) Closed Meetings.--Notwithstanding any other provision of law which would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the President determines that such portion is likely to disclose matters that could endanger national security. (d) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (h) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. SEC. 5. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson and the Vice Chairperson, acting jointly. (b) Staff.--The Chairperson, in consultation with the Vice Chairperson, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under subsection (a) or (b) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 6. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate executive departments and agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 8. REPORTS OF THE COMMISSION; TERMINATION. (a) Initial Report.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 6 months after the submission of the initial report of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission to carry out this Act $3,000,000, to remain available until expended or the Commission is terminated.

Establishes the National Commission on Presidential War Powers and Civil Liberties to investigate, and report to the President and Congress on, the broad range of executive branch national security policies undertaken since the terrorist attacks of September 11, 2001, including: (1) detention by the Armed Forces and the intelligence community; (2) the use by such entities of enhanced interrogation techniques or techniques not authorized by the Uniform Code of Military Justice; (3) "ghosting" or other policies intended to conceal an individual's capture or detention; (4) extraordinary rendition; (5) domestic warrantless electronic surveillance; (6) targeted killings away from conventional battlefields; and (7) the use of state secrets or other litigation tactics or privileges to avoid judicial review of national security actions.

To establish a national commission on presidential war powers and civil liberties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Delaware Wild and Scenic Rivers Act''. SEC. 2. FINDINGS. The Congress finds that the following: (1) Public Law 102-460 directed the Secretary of the Interior to conduct a study of the eligibility and suitability of the lower Delaware River in cooperation and consultation with appropriate Federal, State, regional, and local agencies, including, but not limited to, the Pennsylvania Department of Conservation and Natural Resources, the New Jersey Department of Environmental Protection, the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission, and the Delaware and Raritan Canal Commission. (2) During the study, the Lower Delaware Wild and Scenic River Study Task Force and the National Park Service prepared a river management plan for the study area, entitled ``Lower Delaware River Management Plan'', dated August 1997, which establishes goals and actions that will ensure long-term protection of the river's outstanding values and compatible management of their land and water resources. Twenty-four municipalities along segments of the Delaware River eligible for designation passed resolutions supporting the Lower Delaware River Management Plan, agreeing to take action as appropriate to implement the goals of the plan, and endorsing designation of the river. (3) Segments of the lower Delaware River and its tributaries, the Paulinskill River, Cook's Creek, Tinicum Creek, Tohickon Creek, and Paunacussing Creek are eligible for inclusion into the National Wild and Scenic Rivers System-- (A) Segment a.--The segment from the Delaware Water Gap to the toll bridge connecting Columbia, New Jersey, and Portland, Pennsylvania (approximately 9.2 miles, 14.8 kilometers)--Recreational. (B) Segment b.--The segment from Erie Lackawann railroad bridge to the southern tip of Dildine Island (approximately 3.6 miles, 5.8 kilometers)-- Recreational. (C) Segment c.--The segment from the southern tip of Mack Island to the northern border of the town of Belvidere, New Jersey (approximately 2 miles, 3.2 kilometers)--Recreational. (D) Segment d.--The segment from the southern border of the town of Belvidere, New Jersey, to the northern border of the city of Easton, Pennsylvania, excluding river mile 196.0 to 193.8 (approximately 12.5 miles, 20.1 kilometers)--Recreational. (E) Segment e.--The segment from the southern border of the town of Phillipsburg, New Jersey, to a point just north of Gilbert generating station (approximately 9.5 miles, 15.2 kilometers)-- Recreational. (F) Segment f.--The segment point just south of the Gilbert generating station to a point just north of the Point Pleasant pumping station (approximately 14.2 miles, 22.8 kilometers)--Recreational. (G) Segment g.--The segment from the point just south of the Point Pleasant pumping station to a point 1,000 feet north of the Route 202 bridge (approximately 6.3 miles, 10.1 kilometers)--Recreational. (H) Segment h.--The segment from a point 1,750 feet south of the Route 202 bridge to the southern border of the town of New Hope, Pennsylvania (approximately 1.9 miles, 3.0 kilometers)--Recreational. (I) Segment i.--The segment from the southern boundary of the town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania (approximately 6 miles, 9.7 kilometers)--Recreational. (J) Segment j.--Paulinskill River in Knowlton Township (approximately 2.4 miles, 3.8 kilometers)-- Recreational. (K) Segment k.--Cook's Creek (approximately 3.5 miles, 5.6 kilometers)--Scenic. (L) Segment l.--Tinicum Creek (approximately 15.9 miles, 25.6 kilometers)--Scenic. (M) Segment m.--Tohickon Creek (approximately 25.6 miles, 41.2 kilometers)--Scenic. (N) Segment n.--Paunacussing Creek in Solebury Township (approximately 3 miles, 4.8 kilometers)-- Recreational. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraphs: ``( ) Lower delaware river and associated tributaries, new jersey and pennsylvania.-- ``(A) The 65.6 miles of river segments in New Jersey and Pennsylvania consisting of: ``(i) The segment from river mile 193.8 to the northern border of the city of Easton, Pennsylvania (approximately 10.5 miles, 16.9 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(ii) The segment from a point just south of the Gilbert generating station to a point just north of the Point Pleasant pumping station (approximately 14.2 miles, 22.8 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(iii) The segment from a point just south of the Point Pleasant pumping station to a point 1,000 feet north of the Route 202 bridge (approximately 6.3 miles, 10.1 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(iv) The segment from a point 1,750 feet south of the Route 202 bridge to the southern border of the town of New Hope, Pennsylvania (approximately 1.9 miles, 3.0 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(v) The segment from the southern boundary of the town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania (approximately 6 miles, 9.7 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(vi) Tinicum Creek (approximately 14.7 miles, 23.7 kilometers), to be administered by the Secretary of the Interior as a scenic river. ``(vii) Tohickon Creek from the Lake Nockamixon Dam to the Delaware River (approximately 10.7 miles, 17.2 kilometers), to be administered by the Secretary of the Interior as a scenic river. ``(viii) Paunacussing Creek in Solebury Township (approximately 3 miles, 4.8 kilometers), to be administered by the Secretary of the Interior as a recreational river. ``(B) The segments designated by this paragraph shall be administered by the Secretary of the Interior as components of the National Park System in cooperation with appropriate Federal, State, regional, and local agencies, including the New Jersey Department of Environmental Protection, the Pennsylvania Department of Conservation and Natural Resources, the Delaware and Lehigh Navigation Canal Heritage Corridor Commission, the Delaware and Raritan Canal Commission, and the Delaware River Greenway Partnership. The segments shall be managed in accordance with the plan entitled `Lower Delaware River Management Plan'. Such plan shall be deemed to satisfy the requirements for a comprehensive management plan under section 3(d).''. SEC. 4. MANAGEMENT. (a) Federal Role.--(1) The Secretary of the Interior acting through the Director of the National Park Service, shall carry out the Lower Delaware River Management Plan and the provisions of this Act and the Wild and Scenic Rivers Act with respect to each of the segments designated by section 3, including the review of proposed federally assisted water resources projects that could have a direct and adverse effect on the values for which the segment is established, as authorized under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)). In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segments are designated were included in the National Wild and Scenic Rivers System, the Secretary, acting through the Director, shall specifically consider the extent to which the project is consistent with the Lower Delaware River Management Plan. (2) Pursuant to sections 10(e) and 11(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Secretary of the Interior, acting through the Director of the National Park Service, may enter into cooperative agreements with the States of New Jersey and Pennsylvania and other organizations as appropriate. Such cooperative agreements shall be consistent with the Lower Delaware River Management Plan and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of each of the segments designated by section 3 of this Act. (3) The Secretary of the Interior, acting through the Director, may provide technical assistance, staff support, and funding to assist in the implementation of the Lower Delaware River Management Plan. (b) Land Management.--The Secretary of the Interior, acting through the Director of the National Park Service, may provide planning, financial, and technical assistance to municipalities through which designated river segments flow to assist in their implementation of actions to protect the natural, economic, and historic resources of the Lower Delaware River corridor. After adoption of recommendations made in section III of the management plan, the zoning ordinances of the municipalities bordering the segments shall be considered to satisfy the standards and requirements under section 6(c) prohibiting the Secretary from acquiring lands through condemnation for the purposes of including the lands in the designated segments of the river area where such lands are located within any incorporated municipality which has in force and applicable to such lands duly adopted, valid zoning ordinances that conform with the purposes of the Wild and Scenic Rivers Act (16 U.S.C. 1221 and following). (c) Segment Additions.--The Secretary of the Interior, acting through the Director of the National Park Service, is encouraged to continue to work with the local municipalities to negotiate agreement and support for designating those segments of the Delaware River and its tributaries which were found eligible for designation pursuant to Public Law 102-460 and were not designated pursuant to this Act. If within 3 years of enactment of this Act, 1 or more of such additional river segments are certified by the Secretary of the Interior as suitable for designation into the National Wild and Scenic Rivers System, the Secretary shall publish in the Federal Register a notice of the designation of the segment, and upon such publication the segment shall thereby be designated as a recreational river or scenic river, as the case may be, under section 3(a) of the Wild and Scenic River Act (16 U.S.C. 1274(a)). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Requires the Secretary of the Interior to carry out the Lower Delaware River management plan to bring such portions into compliance with such Act. Authorizes the Secretary to provide planning, financial, and technical assistance to municipalities through which such portions flow to protect the natural, economic, and historic resources of the Lower Delaware River corridor. Authorizes the Secretary to continue to work with appropriate municipalities in order to add to the System additional River segments not designated under this Act. Authorizes appropriations.

Lower Delaware Wild and Scenic Rivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyers' Tax Credit Act of 2003''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Maximum dollar amount.-- ``(A) In general.--The credit allowed under subsection (a) shall not exceed the excess (if any) of-- ``(i) $3,000 ($6,000 in the case of a joint return), over ``(ii) the credit transfer amount determined under subsection (c) with respect to the purchase to which subsection (a) applies. ``(B) Inflation adjustment.--In the case of any taxable year beginning after December 31, 2003-- ``(i) the $3,000 amount under subparagraph (A) shall be increased by an amount equal to $3,000, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `2002' for `1992' in subparagraph (B) thereof, and ``(ii) the $6,000 amount under subparagraph (A) shall be increased to twice the $3,000 amount, as adjusted under clause (i) for the taxable year. If the $3,000 amount as adjusted under clause (i) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Taxable income limitation.-- ``(A) In general.--If the taxable income of the taxpayer for any taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amounts in effect under paragraph (1)(A)(i) for such taxpayer for the following taxable year shall be reduced (but not below zero) by the amount of the excess. ``(B) Change in return status.--In the case of married individuals filing a joint return for any taxable year who did not file such a joint return for the preceding taxable year, subparagraph (A) shall be applied by reference to the highest taxable income of either such individual for the preceding taxable year. ``(c) Transfer of Credit.-- ``(1) In general.--A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of-- ``(A) the downpayment of any portion of the purchase price of the principal residence, and ``(B) closing costs in connection with the purchase (including any points or other fees incurred in financing the purchase). ``(2) Credit transfer mechanism.-- ``(A) In general.--Not less than 180 days after the date of the enactment of this Act, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to-- ``(i) certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, ``(ii) certify that the taxpayer has not received the credit provided by this section with respect to the purchase of any other principal residence, ``(iii) certify the credit transfer amount which will be paid to the transferee, and ``(iv) require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. ``(B) Timely receipt.--The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. ``(3) Payment of interest.-- ``(A) In general.--Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). ``(B) Amount of interest.--Interest under subparagraph (A) shall be allowed and paid-- ``(i) from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and ``(ii) at the overpayment rate established under section 6621. ``(C) Exception.--This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. ``(4) Effect on legal rights and obligations.--Nothing in this subsection shall be construed to-- ``(A) require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or ``(B) prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' has the same meaning as when used in section 72(t)(8)(D)(i). ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time homebuyers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and ``(ii) 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 the amount in effect under subsection (b)(1)(A) for individuals filing joint returns. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. Except as provided in regulations, an interest in a partnership, S corporation, or trust which owns an interest in a residence shall not be treated as an interest in a residence for purposes of this paragraph. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of acquisition (within the meaning of section 72(t)(8)(D)(iii)). ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) 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. ``(g) Property to Which Section Applies.-- ``(1) In general.--The provisions of this section apply to a principal residence if-- ``(A) the taxpayer purchases the residence on or after January 1, 2003, and before January 1, 2010, or ``(B) the taxpayer enters into, on or after January 1, 2003, and before January 1, 2010, a binding contract to purchase the residence, and purchases and occupies the residence before July 1, 2011.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (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 36, to the extent provided in section 36(f).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 36 of such Code''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Purchase of principal residence by first-time homebuyer. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

First-Time Homebuyers' Tax Credit Act of 2003 - Amends the Internal Revenue Code to: (1) allow an income-based, one-time tax credit for first-time homebuyers of ten percent of a principal residence's purchase price ($3,000 maximum credit, $6,000 maximum credit for joint filers); (2) allow transfer of such credit (within 30 days of transfer application) as payment towards related downpayment and closing costs; and (3) apply the credit to purchases made on or after January 1, 2003, and before January 1, 2010, and to binding contracts made between such dates, and in which the residence is occupied before July 1, 2011.

A bill to amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for the purchase of a principal residence by a first-time homebuyer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Work Act of 2003''. SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Credit Made Permanent.-- (1) Subsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) (relating to termination). (2) Section 51A of such Code is amended by striking subsection (f). (b) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (c) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended by striking ``25'' and inserting ``40''. (d) Increase in Maximum Age for Designated Community Residents.-- (1) In general.--Paragraph (5) of section 51(d) of such Code is amended to read as follows: ``(5) Designated community residents.-- ``(A) In general.--The term `designated community resident' means any individual who is certified by the designated local agency-- ``(i) as having attained age 18 but not age 40 on the hiring date, and ``(ii) as having his principal place of abode within an empowerment zone, enterprise community, or renewal community. ``(B) Individual must continue to reside in zone or community.--In the case of a designated community resident, the term `qualified wages' shall not include wages paid or incurred for services performed while the individual's principal place of abode is outside an empowerment zone, enterprise community, or renewal community.'' (2) Conforming amendment.--Subparagraph (D) of section 51(d)(1) is amended to read as follows: ``(D) a designated community resident,''. (e) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.'' (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2003. SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.'' (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18- month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.'' (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 of such Code is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long-Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 50 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.''. (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A of such Code is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2003.

Encouraging Work Act of 2003 - Amends the Internal Revenue Code to make the work opportunity credit permanent.Modifies such credit by: (1) repealing the requirement that a "qualified ex-felon" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 40 years; (3) redefining the term "vocational rehabilitation referral"; (4) adding "long-term family assistance recipients" (as defined) to the definition of "targeted groups"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit.

To amend the Internal Revenue Code of 1986 to modify the work opportunity credit and the welfare-to-work credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Reorganization Act of 1995''. SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter before the table, by striking out ``thirteen'' and inserting in lieu thereof ``fourteen''; (2) in the table, by striking out the item relating to the ninth circuit and inserting in lieu thereof the following new item: ``Ninth........................ Arizona, California, Hawaii, Nevada, Guam, Northern Mariana Islands.''; and (3) between the last 2 items of the table, by inserting the following new item: ``Twelfth...................... Alaska, Idaho, Montana, Oregon, Washington.''. SEC. 3. NUMBER OF CIRCUIT JUDGES. The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking out the item relating to the ninth circuit and inserting in lieu thereof the following new item: ``Ninth..................................................... 19''; and (2) by inserting between the last 2 items at the end thereof the following new item: ``Twelfth................................................... 7''. SEC. 4. PLACES OF CIRCUIT COURT. The table in section 48 of title 28, United States Code, is amended-- (1) by striking out the item relating to the ninth circuit and inserting in lieu thereof the following new item: ``Ninth........................ San Francisco, Los Angeles.''; and (2) by inserting between the last 2 items at the end thereof the following new item: ``Twelfth...................... Portland, Seattle.''. SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge in regular active service of the former ninth circuit whose official station on the day before the effective date of this Act-- (1) is in Arizona, California, Hawaii, Nevada, Guam, or the Northern Mariana Islands is assigned as a circuit judge of the new ninth circuit; and (2) is in Alaska, Idaho, Montana, Oregon, or Washington is assigned as a circuit judge of the twelfth circuit. SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 7. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 8. APPLICATION TO CASES. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 9. DEFINITIONS. For purposes of this Act, the term-- (1) ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 2(2) of this Act; and (3) ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 2(3) of this Act. SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act. Such court shall cease to exist for administrative purposes on July 1, 1997. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on October 1, 1995.

Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.

Ninth Circuit Court of Appeals Reorganization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Nurses Appreciation Act of 1999''. SEC. 2. REVISED AUTHORITY FOR ADJUSTMENT OF BASIC PAY FOR NURSES AND CERTAIN OTHER HEALTH-CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Revision of Covered Positions.--Effective October 1, 1999, section 7451 of title 38, United States Code, is amended in subsection (a)(2) by striking ``are the following:'' and all that follows and inserting ``are registered nurses and each additional position referred to in paragraphs (1), (2), and (3) of section 7401 of this title (other than the positions of physician and dentist).''. (b) Annual Adjustments Under Title 5.--Effective October 1, 1999, such section is further amended by striking subsections (d), (e), (f), and (g) and inserting the following: ``(d) The rates of basic pay for each grade in a covered position shall (notwithstanding subsection (a)(3)(A)) be adjusted in accordance with sections 5303 and 5304 of title 5.''. (c) Revised Title 38 Locality Pay Authority.--Effective October 1, 2002, such section is further amended by inserting after subsection (d), as added by subsection (b) of this section, the following new subsection: ``(e)(1) Whenever the Secretary determines that the rates of basic pay in effect for any grade of a covered position, as most recently adjusted under subsection (d), are inadequate in any area to recruit or retain high quality personnel at a Department health-care facility in that area for service in that position, the Secretary shall in accordance with this subsection adjust the rates of pay for employees at that facility in that grade of that position. ``(2) An adjustment in rates of basic pay under this subsection for a grade shall be carried out by adjusting the minimum rate of basic pay for that grade in accordance with paragraph (3) and then adjusting the other rates for that grade to conform to the requirements of subsection (c). Such an adjustment in the minimum rate of basic pay for a grade shall be made by the Secretary for employees of a Department health- care facility so as to achieve consistency with the rate of compensation for corresponding health-care professionals with respect to that grade in the Bureau of Labor Statistics labor-market area of that facility. ``(3)(A) In the case of a Department health-care facility located in an area for which there is current information, based upon appropriate Bureau of Labor Statistics data for that survey area, on rates of compensation for corresponding health-care professionals for the Bureau of Labor Statistics survey or data area of that facility, the Secretary shall use that information as the basis for making adjustments in rates of pay under this subsection for that facility. Whenever the Bureau of Labor Statistics releases the results of a new appropriate wage survey for that labor market that includes information on rates of compensation for corresponding health-care professionals, the Secretary shall determine, not later than 30 days after the results of the survey are released, the amount of an adjustment in rates of pay for employees at that facility for any covered position necessary in order to meet the purposes of this section. ``(B) If the Secretary determines under subparagraph (A) that an adjustment described in that subparagraph is necessary, such adjustment, based upon the information determined in the survey under that subparagraph, shall take effect on the first day of the first pay period beginning after that determination. ``(4) An adjustment under this subsection may not reduce any rate of pay. ``(5) The Secretary shall prescribe regulations providing for the adjustment of the rates of basic pay for Regional and Central Office employees in covered positions in order to assure that those rates are sufficient and competitive. ``(6) In this subsection-- ``(A) The term `rate of compensation', with respect to health-care personnel positions in non-Department health-care facilities corresponding to a grade of a covered position, means the sum of-- ``(i) the rate of pay established for personnel in such positions who have education, training, and experience equivalent or similar to the education, training, and experience required for health-care personnel employed in the same category of Department covered positions; and ``(ii) other employees benefits for those positions to the extent that those benefits are reasonably quantifiable. ``(B) The term `corresponding', with respect to health care personnel in a specified grade of a covered position in a Department health-care facility, means health-care personnel positions in non-Department health-care facilities for which the education, training, and experience requirements are equivalent or similar to the education, training, and experience requirements for Department health care personnel in that grade of that covered position.''. SEC. 3. SAVINGS PROVISION. In the case of an employee of the Veterans Health Administration who on the day before the effective date for the amendment made by section 2(b) is receiving a rate of pay by reason of the second sentence of section 7451(e) of title 38, United States Code, as in effect on that day, the provisions of the second and third sentences of that section, as in effect on that day, shall continue to apply to that employee, notwithstanding the amendment made by section 2(b).

Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to provide that, effective October 1, 1999, pay adjustments for registered nurses and certain other positions within the VHA shall be made in the same manner as those generally applicable to Federal employees. Provides that, effective October 1, 2002, whenever the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health care personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics labor market area of that facility.

Department of Veterans Affairs Nurses Appreciation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborns' and Mothers' Health Protection Act of 1996''. SEC. 2. FINDING. Congress finds that-- (1) the length of post-delivery inpatient care should be based on the unique characteristics of each mother and her newborn child, taking into consideration the health of the mother, the health and stability of the infant, the ability and confidence of the mother to care for her infant, the adequacy of support systems at home, and the access of the mother and infant to appropriate follow-up health care; and (2) the timing of the discharge of a mother and her newborn child from the hospital should be made by the attending provider in consultation with the mother. SEC. 3. NEWBORNS' AND MOTHERS' HEALTH PROTECTION. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subtitle K--Newborns' and Mothers' Health Protection ``CHAPTER 100--NEWBORNS' AND MOTHERS' HEALTH PROTECTION ``Sec. 9801. Imposition of tax for failure to meet newborns' and mothers' health protection requirements. ``Sec. 9802. Required coverage for minimum inpatient stay following birth. ``Sec. 9803. Definitions; general provisions. ``SEC. 9801. IMPOSITION OF TAX FOR FAILURE TO MEET NEWBORNS' AND MOTHERS' HEALTH PROTECTION REQUIREMENTS. ``(a) Health Insurance Coverage.-- ``(1) In general.--There is hereby imposed a tax on an insurer or health maintenance organization that offers health insurance coverage which the Secretary of Health and Human Services certifies to the Secretary fails to meet an applicable requirement specified in section 9802 at any time during a calendar year. ``(2) Amount of tax.--The amount of tax imposed by paragraph (1) shall be equal to 25 percent of the premiums received under such coverage during the calendar year. ``(3) Premium.--For purposes of this subsection, the term `premium' means the gross amount of premiums and other consideration (including advance premiums, deposits, fees, and assessments) arising from health insurance coverage issued by an insurer or health maintenance organization, adjusted for any return or additional premiums paid as a result of endorsements, cancellations, audits, or retrospective rating. ``(4) Exemption if state regulation.--No tax shall be imposed under paragraph (1) for a failure of an insurer or organization to meet a requirement if the insurer or organization is regulated by a State, unless the Secretary of Health and Human Services has determined that such State has not provided for enforcement of State laws which govern the same matters as are governed by such requirement and which assure substantial compliance by insurers or organizations with such a requirement. ``(b) Group Health Plans.-- ``(1) In general.--There is hereby imposed a tax on a plan sponsor (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of a group health plan which the Secretary of Labor certifies to the Secretary fails to meet an applicable requirement of section 9802 at any time during a calendar year. ``(2) Amount of tax.--The amount of tax imposed by paragraph (1) shall be equal to 25 percent of the group health plan coverage expenditures for such calendar year under such plan. ``(3) Group health plan coverage expenditures.--For purposes of this subsection, the group health plan coverage expenditures of any self-insured group health plan for any calendar year are the aggregate expenditures for such year for health benefits provided under such plan to the extent that health benefits are provided other than through health insurance coverage. ``(c) Waiver.--If the Secretary of Health and Human Services finds, with respect to an insurer or health maintenance organization, or the Secretary of Labor finds, with respect to a group health plan, that a failure of such insurer, organization, or plan is due to reasonable cause and not to willful neglect and certifies such fact to the Secretary of the Treasury, the Secretary of the Treasury may waive part or all of the tax imposed by this section to the extent that the Secretary of Health and Human Services or the Secretary of Labor (as the case may be) finds that payment of such tax would be excessive relative to the failure involved. ``SEC. 9802. REQUIRED MINIMUM CHILDBIRTH BENEFITS. ``(a) Minimum Childbirth Benefits.--If an insurer or health maintenance organization provides health insurance coverage that includes any benefits for inpatient care for childbirth for a mother or newborn child or if a group health plan includes any such benefits, the insurer, organization, or plan shall meet the following requirements: ``(1) Minimum length of stay for inpatient care benefits.-- The coverage or plan shall provide benefits for inpatient care for childbirth for a minimum length of stay of 48 hours following a vaginal delivery and a minimum length of stay of 96 hours following a caesarean section. ``(2) Coverage of post-delivery follow-up care.--If an attending provider, in consultation with the mother, decides to discharge a covered mother or newborn child from an inpatient setting before the expiration of the minimum length of stay period described in paragraph (1), the coverage or plan shall include benefits for timely post-delivery care by a registered nurse, physician, nurse practitioner, nurse midwife or physician assistant experienced in maternal and child health in the home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, a State health department maternity clinic, or another setting (such as a birthing center or an intermediate care facility) determined appropriate under regulations promulgated by the Secretary of Health and Human Services. ``(3) Notice.--The insurer, organization, or plan shall provide notice to each enrollee eligible for childbirth benefits under this subsection regarding the requirements of this section. (b) Prohibitions.--In implementing the requirements of subsection (a), an insurer, organization, or plan may not-- ``(1) require or condition the provision of benefits under subsection (a) on any authorization or approval of an attending or other provider; ``(2) deny enrollment, renewal, or continued coverage to a mother and her newborn child who are otherwise eligible to be so covered based on compliance with this section; ``(3) provide monetary incentives to mothers to encourage such mothers to request less than the minimum coverage required under subsection (a); ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide treatment in a manner inconsistent with this section; or ``(5) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided treatment in accordance with this section. ``(c) Additional Terms and Conditions.-- ``(1) Attending provider.--As used in this section, the term `attending provider' means, with respect to a mother and her newborn child, an obstetrician-gynecologist, pediatrician, family physician, or other physician, or any other health care provider (such as a nurse midwife or nurse practitioner), who, acting in accordance with applicable State law, is primarily responsible for the care of the mother and child. (2) Timely care defined.--As used in subsection (a)(2), the term `timely post-delivery care' means health care that is provided-- ``(A) following the discharge of a mother and her newborn child from the inpatient setting following childbirth; and ``(B) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within the 72-hour period immediately following discharge. ``(3) Regulations regarding appropriate post-care delivery settings.--The Secretary of Health and Human Services, with respect to regulations promulgated under subsection (a)(2) concerning appropriate post-delivery care settings-- ``(A) shall ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws, ``(B) shall consider telemedicine and other innovative means to provide follow-up care, and ``(C) shall consider both urban and rural settings. ``(4) Rule of construction.--Nothing in this section shall be construed to require that a mother-- ``(A) give birth in a hospital; or ``(B) stay in the hospital for a fixed period of time following the birth of her child. ``(5) Requirements.--The notice required under subsection (a)(3) shall be in accordance with regulations promulgated by the Secretary of Health and Human Services. Such regulations shall provide that the notice shall be in writing, shall be conspicuous and prominently positioned, and shall be required to be provided as follows: ``(A) Health insurance coverage.--By an insurer or health maintenance organization-- ``(i) to enrollees described in subsection (a) who are enrolled on the effective date of this chapter within 120 days after such effective date and annually thereafter, and ``(ii) to other enrollees at the time of enrollment and annually thereafter. ``(B) Group health plans.--By a group health plan-- ``(i) to enrollees described in subsection (a) who are enrolled on the effective date of this chapter within 120 days after such effective date, and ``(ii) for plan years beginning on or after such effective date, as part of its summary plan description. ``SEC. 9803. DEFINITIONS; GENERAL PROVISIONS. ``(a) Group Health Plan Defined.--For purposes of this chapter-- ``(1) In general.--The term `group health plan' means an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974) to the extent that the plan provides medical care directly or through insurance, reimbursement, or otherwise, and includes a group health plan within the meaning of section 5000(b)(1). ``(2) Exclusion of plans with limited coverage.--An employee welfare benefit plan shall be treated as a group health plan under this chapter only with respect to medical care which is provided under the plan and which does not consist of coverage excluded from the definition of health insurance coverage under subsection (b)(1)(B). ``(3) Exclusion of church plans.--The requirements of this chapter insofar as they apply to group health plans shall not apply to church plans (as defined in section 3(33) of the Employee Retirement Income Security Act of 1974). ``(4) Treatment of governmental plans.--If the plan sponsor of a governmental plan (as such terms are defined in section 3 of the Employee Retirement Income Security Act of 1974) which is a group health plan to which the provisions of this chapter otherwise apply makes an election under this paragraph for any specified period (in such form and manner as the Secretary of Health and Human Services may by regulations prescribe), then the requirements of this chapter insofar as they apply to group health plans shall not apply to such governmental plans for such period. ``(b) Definitions Relating to Health Insurance Coverage.--As used in this chapter-- ``(1) Health insurance coverage.-- ``(A) In general.--Except as provided in subparagraph (B), the term `health insurance coverage' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization group contract offered by an insurer or a health maintenance organization. ``(B) Exception.--Such term does not include coverage under any separate policy, certificate, or contract only for one or more of any of the following: ``(i) Coverage only for accident, or disability income insurance, or any combination thereof. ``(ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). ``(iii) Coverage issued as a supplement to liability insurance. ``(iv) Liability insurance, including general liability insurance and automobile liability insurance. ``(v) Workers compensation or similar insurance. ``(vi) Automobile medical payment insurance. ``(vii) Coverage for a specified disease or illness. ``(viii) Hospital or fixed indemnity insurance. ``(ix) Short-term limited duration insurance. ``(x) Credit-only, dental-only, or vision- only insurance. ``(xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. ``(2) Health maintenance organization.--The term `health maintenance organization' means-- ``(A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a))), ``(B) an organization recognized under State law as a health maintenance organization, or ``(C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization, if the organization is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974). ``(3) Insurer.--The term `insurer' means an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2)(A) of the Employee Retirement Income Security Act of 1974). ``(c) Other Definitions.--As used in this chapter-- ``(1) Medical care.--The term `medical care' means-- ``(A) amounts paid for, or items or services in the form of, the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for, or items or services provided for, the purpose of affecting any structure or function of the body, ``(B) amounts paid for, or services in the form of, transportation primarily for and essential to medical care referred to in subparagraph (A), and ``(C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B). ``(2) State.--The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ``(d) Nonpreemption.-- ``(1) In general.--The provisions of this chapter shall not preempt those provisions of State law that provide protections that are not less than the protections provided under this chapter, including any-- ``(A) requirement that health insurance coverage provide for maternity and pediatric care that is in accordance with guidelines established by the American College of Obstetricians and Gynecologists and the American Academy of Pediatrics, and ``(B) leaving decisions regarding the appropriate length of inpatient care for a mother and her newborn child entirely to the attending provider in consultation with the mother. ``(2) No override of erisa preemption.--Nothing in this chapter shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). ``(e) Regulations.--Regulations promulgated by the Secretary to carry out this chapter shall be promulgated in consultation with the Secretary of Health and Human Services.''. (b) Effective Date.--The amendments made by this section shall apply-- (1) to health insurance coverage for contract years beginning on or after January 1, 1997; and (2) to group health plans as of the first day of the first plan year beginning on or after January 1, 1997. (c) Clerical Amendment.--The table of contents for the Internal Revenue Code of 1986 is amended by adding after the item relating to subtitle J the following new item: ``Subtitle K. Newborns' and Mothers' Health Protection.''

Newborns' and Mothers' Health Protection Act of 1996 - Amends the Internal Revenue Code to impose a tax on an insurer, health maintenance organization (HMO), or group health plan sponsor that (if it provides any inpatient childbirth benefits for a mother or newborn) fails to provide: (1) inpatient benefits for a minimum period after delivery; and (2) if the mother or newborn are discharged before the end of that period, certain post-delivery follow-up care. Prohibits an insurer, HMO, or plan from using certain types of penalties or inducements regarding mothers or providers. Declares that the provisions of this Act do not preempt provisions of State law that provide protections that are not less than the protections under this Act.

Newborns' and Mothers' Health Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Reclamation Transparency Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2) as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000; (3) the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4) the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the ``Asset Management Plan''; and (5) actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. SEC. 3. DEFINITIONS. In this Act: (1) Asset.-- (A) In general.--The term ``asset'' means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters. (ii) Capitalized and noncapitalized heavy equipment and other installed equipment. (B) Inclusions.--The term ``asset'' includes assets described in subparagraph (A) that are considered to be mission critical. (2) Asset management report.--The term ``Asset Management Report'' means-- (A) the annual plan prepared by the Bureau of Reclamation known as the ``Asset Management Plan''; and (B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3) Major repair and rehabilitation need.--The term ``major repair and rehabilitation need'' means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance. (4) Reclamation facility.--The term ``Reclamation facility'' means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project. (5) Reclamation project.--The term ``Reclamation project'' means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation. (6) Reserved works.--The term ``reserved works'' means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Transferred works.--The term ``transferred works'' means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation. SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that-- (1) describes the efforts of the Bureau of Reclamation-- (A) to maintain in a reliable manner all reserved works at Reclamation facilities; and (B) to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2) expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b). (b) Infrastructure Maintenance Needs Assessment.-- (1) In general.--The Asset Management Report submitted under subsection (a) shall include-- (A) a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and (B) to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2) Inclusions.--To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include-- (A) a budget level cost estimate of the appropriations needed to complete each item; and (B) an assignment of a categorical rating for each item, consistent with paragraph (3). (3) Rating requirements.-- (A) In general.--The system for assigning ratings under paragraph (2)(B) shall be-- (i) consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and (ii) subject to the guidance and instructions issued under subparagraph (B). (B) Guidance.--As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities. (4) Public availability.--Except as provided in paragraph (5), the Secretary shall make publicly available, including on the Internet, the Asset Management Report required under subsection (a). (5) Confidentiality.--The Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information. (c) Updates.--Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d) Consultation.--To the extent that such consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with-- (1) the Secretary of the Army (acting through the Chief of Engineers); and (2) water and power contractors. SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS. (a) In General.--The Secretary shall coordinate with the non- Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 4(b). (b) Guidance.-- (1) In general.--After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 4(b)(3). (2) Updates.--The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c). SEC. 6. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $2,000,000. Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

Bureau of Reclamation Transparency Act (Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by Reclamation for which operations and maintenance are performed by its employees or through a contract with Reclamation) at Reclamation facilities, and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Such report shall include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. (Sec. 5) Interior shall: (1) coordinate with the nonfederal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a nonfederal entity under a formal agreement with Reclamation) in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for such works, and (2) develop and implement a categorical rating system for transferred works. (Sec. 6) The bill reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this bill by $2 million.

Bureau of Reclamation Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attorney-Client Privilege Protection Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Justice is served when all parties to litigation are represented by experienced diligent counsel. (2) Protecting attorney-client privileged communications from compelled disclosure fosters voluntary compliance with the law. (3) To serve the purpose of the attorney-client privilege, attorneys and clients must have a degree of confidence that they will not be required to disclose privileged communications. (4) The ability of an organization to have effective compliance programs and to conduct comprehensive internal investigations is enhanced when there is clarity and consistency regarding the attorney-client privilege. (5) Prosecutors, investigators, enforcement officials, and other officers or employees of Government agencies have been able to, and can continue to, conduct their work while respecting attorney-client and work product protections and the rights of individuals, including seeking and discovering facts crucial to the investigation and prosecution of organizations. (6) Congress recognized that law enforcement can effectively investigate without attorney-client privileged information when it banned demands by the Attorney General for privileged materials in the Racketeer Influenced and Corrupt Organizations Act. See section 1968(c)(2) of title 18, United States Code. (7) Despite the existence of numerous investigative tools that do not impact the attorney-client relationship, the Department of Justice and other agencies have increasingly created and implemented policies that tend to undermine the adversarial system of justice, such as encouraging organizations to waive attorney-client privilege and work product protections to avoid indictment or other sanctions. (8) An indictment can have devastating consequences on an organization, potentially eliminating the ability of the organization to survive post-indictment or to dispute the charges against it at trial. (9) Waiver demands and related policies of Government agencies are encroaching on the constitutional rights and other legal protections of employees. (10) As recognized throughout the common law, and specifically in the crime-fraud exception, the attorney-client privilege, work product doctrine, and payment of counsel fees cannot and shall not be used as devices to conceal wrongdoing or to cloak advice on evading the law. (b) Purpose.--It is the purpose of this Act to place on each agency clear and practical limits designed to preserve the attorney-client privilege and work product protections available to an organization and preserve the constitutional rights and other legal protections available to employees of such an organization. SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF COUNSEL FEES AS ELEMENTS OF COOPERATION. (a) In General.--Chapter 201 of title 18, United States Code, is amended by inserting after section 3013 the following: ``Sec. 3014. Preservation of fundamental legal protections and rights in the context of investigations and enforcement matters regarding organizations ``(a) Definitions.--In this section: ``(1) Attorney-client privilege.--The term `attorney-client privilege' means the attorney-client privilege as governed by the principles of the common law, as they may be interpreted by the courts of the United States in the light of reason and experience, and the principles of article V of the Federal Rules of Evidence. ``(2) Attorney work product.--The term `attorney work product' means materials prepared by or at the direction of an attorney in anticipation of litigation, particularly any such materials that contain a mental impression, conclusion, opinion, or legal theory of that attorney. ``(3) Organization.--The term `organization' does not include-- ``(A) a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act (21 U.S.C. 848); ``(B) any group of individuals whose primary purpose is to obtain money through illegal acts; or ``(C) any terrorist organization, as defined in section 2339B. ``(b) Attorney-Client Privilege and Attorney Work Product.-- ``(1) In general.--In any Federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, an agent or attorney of the United States shall not-- ``(A) demand or request that an organization, or a current or former employee or agent of such organization, waive the protections of the attorney- client privilege or the attorney work product doctrine; ``(B) offer to reward or actually reward an organization, or current or former employee or agent of such organization, for waiving the protections of the attorney-client privilege or the attorney work product doctrine; or ``(C) threaten adverse treatment or penalize an organization, or current or former employee or agent of such organization, for declining to waive the protections of the attorney-client privilege or the attorney work product doctrine. ``(2) Charging decisions.-- ``(A) In general.--In any Federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, an agent or attorney of the United States shall not consider any conduct described in subparagraph (B) in-- ``(i) making a civil or criminal charging or enforcement decision relating to an organization, or a current or former employee or agent of such organization; or ``(ii) determining whether an organization, or a current or former employee or agent of such organization, is cooperating with the Government. ``(B) Conduct.--The conduct described in this subparagraph is-- ``(i) the valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; ``(ii) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee or agent of an organization; ``(iii) the entry into, or existence of, a valid joint defense, information sharing, or common interest agreement between an organization and a current or former employee or agent of such organization, or among its current or former employees; ``(iv) except as provided in subsection (f), the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or agent of such organization, or among its current or former employees; or ``(v) the failure to terminate the employment or affiliation of or otherwise sanction any employee or agent of that organization because of the decision by that employee or agent to exercise personal constitutional rights or other legal protections in response to a Government request. ``(3) Demands and requests.--In any Federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, an agent or attorney of the United States shall not demand or request an organization, or a current or former employee or agent of such organization, to refrain from the conduct described in paragraph (2)(B). ``(c) Inapplicability.--Nothing in this section shall be construed to prohibit an agent or attorney of the United States from requesting or seeking any communication or material that-- ``(1) an agent or attorney of ordinary sense and understanding would not know is subject to a claim of attorney- client privilege or attorney work product; ``(2) an agent or attorney of ordinary sense and understanding would reasonably believe is not entitled to protection under the attorney-client privilege or attorney work product doctrine; or ``(3) would not be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation. ``(d) Voluntary Disclosures.-- ``(1) In general.--Nothing in this section may be construed to prohibit an organization from making, or an agent or attorney of the United States from accepting, a voluntary and unsolicited offer to waive the protections of the attorney- client privilege or attorney work product doctrine. ``(2) Consideration in charging decisions.--An agent or attorney of the United States shall not consider the fact that material provided as described in paragraph (1), or any material redacted therefrom, had been subject to a nonfrivolous claim of attorney-client privilege or work-product protection in-- ``(A) making a civil or criminal charging or enforcement decision relating to an organization, or a current or former employee or agent of such organization; or ``(B) determining whether an organization, or a current or former employee or agent of such organization, is cooperating with the Government. ``(3) Other consideration.--Subject to the limitations under subsection (b), an agent or attorney of the United States may consider a voluntary disclosure described in paragraph (1) for any other purpose that is otherwise lawful. ``(e) Not To Affect Examination or Inspection Access Otherwise Permitted.--This section does not affect any other Federal statute that authorizes, in the course of an examination or inspection, an agent or attorney of the United States to require or compel the production of attorney-client privileged material or attorney work product. ``(f) Charging Decisions Not To Include Decisions To Charge Under Independent Prohibitions.--Subsection (b)(2) shall not be construed to prohibit charging an organization, or a current or former employee or agent of such organization, for conduct described in clause (ii), (iii), or (iv) of subparagraph (B) of that subsection under a Federal law which makes that conduct in itself an offense.''. (b) Conforming Amendment.--The table of sections for chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3014. Preservation of fundamental legal protections and rights in the context of investigations and enforcement matters regarding organizations.''.

Attorney-Client Privilege Protection Act of 2008 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee or agent, for declining to waive those protections. Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee or agent, is cooperating with the government. Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee or agent of the organization because of the employee's or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request. Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.

A bill to provide appropriate protection to attorney-client privileged communications and attorney work product.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian and Alaska Native Foster Care and Adoption Services Amendments of 2005''. SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE. (a) Children Placed in Tribal Custody Eligible for Foster Care Funding.--Section 472(a) of the Social Security Act (42 U.S.C. 672(a)(2)) is amended by striking paragraph (2) and inserting the following: ``(2) the placement and care of a child under this section shall be the responsibility of-- ``(A) the State agency administering the State plan approved under section 471; ``(B) any other public agency with which the State agency administering or supervising the administration of the State plan approved under section 471 has made an agreement that is in effect; or ``(C) an Indian tribe (as defined in section 479B(e)) or an intertribal consortium, if the Indian tribe or intertribal consortium-- ``(i) does not operate a program under section 479B; and ``(ii)(I) has a cooperative agreement with a State under section 479B(c); or ``(II) submits to the Secretary a description of the arrangements (jointly developed or developed in consultation with the State) made by the Indian tribe or intertribal consortium for the payment of funds and the provision of the child welfare services and protections required under this title;''. (b) Programs Operated by Indian Tribal Organizations.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following: ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. ``(a) Definitions of Indian Tribe; Tribal Organization.--In this section, the terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(b) Application.--Except as provided in subsection (b), this part shall apply to an Indian tribe that elects to operate a program under this part in the same manner as this part applies to a State. ``(c) Modification of Plan Requirements.-- ``(1) In general.--In the case of an Indian tribe submitting a plan for approval under section 471, the plan shall-- ``(A) in lieu of the requirement of section 471(a)(3), identify any service area and population to be served by the Indian tribe; and ``(B) in lieu of the requirement of section 471(a)(10), provide for the approval of foster homes in accordance with tribal standards and in a manner that ensures the safety of, and accountability for, children placed in foster care. ``(2) Determination of Federal share.-- ``(A) Per capita income.-- ``(i) In general.--For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe under paragraphs (1) and (2) of section 474(a), the calculation of the per capita income of an Indian tribe shall be based on the service population of the Indian tribe as defined in the plan of the tribe, in accordance with paragraph (1)(A). ``(ii) Consideration of other information.--Before making a calculation under clause (i), the Secretary shall consider any information submitted by an Indian tribe that the Indian tribe considers relevant to the calculation of the per capita income of the Indian tribe. ``(B) Administrative expenditures.--The Secretary shall, by regulation, determine the proportions to be paid to Indian tribes pursuant to section 474(a)(3), except that in no case shall an Indian tribe receive a lesser proportion than the corresponding amount specified for a State under that section. ``(C) Sources of non-federal share.--An Indian tribe may use Federal or State funds to match payments for which the Indian tribe is eligible under section 474. ``(3) Modification of other requirements.--On the request of an Indian tribe, the Secretary may modify any requirement under this part if, after consulting with the Indian tribe, the Secretary determines that modification of the requirement would advance the best interests and the safety of children served by the Indian tribe. ``(4) Consortium.--The participating Indian tribes of an intertribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. ``(d) Cooperative Agreements.-- ``(1) In general.--An Indian tribe or intertribal consortium and a State may enter into a cooperative agreement for the administration or payment of funds under this part. ``(2) Effect of section on agreements.--If an Indian tribe or intertribal consortium and a State enter into a cooperative agreement that incorporates any of the provisions of this section, those provisions shall be valid and enforceable. ``(3) Prior existing agreements.--A cooperative agreement under paragraph (1) that is in effect as of the date of enactment of this section shall remain in full force and effect, subject to the right of either party to the agreement to revoke or modify the agreement pursuant to the terms of the agreement. ``(e) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with Indian tribes and tribal organizations, shall promulgate regulations to carry out this section.''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act, regardless of the date on which regulations are promulgated to carry out the amendments.

Indian and Alaska Native Foster Care and Adoption Services Amendments of 2005 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize an Indian tribe or intertribal consortium operating a foster care program to receive Federal foster care maintenance payments for children placed in its custody. Requires the State to make such payments if the tribe or consortium does not operate such a program but does have a cooperative agreement with the State for such purpose.

A bill to amend part E of title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Immigration Moratorium Act of 1994''. (b) References in Act.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act. SEC. 2. IMMIGRATION MORATORIUM DEFINED. As used in this Act, the term ``immigration moratorium'' means the 5-year period beginning on October 1, 1994, and ending on September 30, 1999. SEC. 3. WORLDWIDE LEVELS OF IMMIGRATION. Notwithstanding section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), during the immigration moratorium in lieu of the worldwide levels of immigration under section 201 (c), (d) and (e)-- (1) the worldwide level of family-sponsored immigrants for a fiscal year under section 201(c) is 325,000, minus the sum of-- (A) the number of refugees admitted under section 207; (B) the number of spouses and children of a citizen of the United States admitted under section 201(b)(2)(A); and (C) the number of employment-based immigrants described in sections 203(b) (1) or (2) who were issued immigrant visas, or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence. (2) the worldwide level of employment-based immigrants for a fiscal year under section 201(d) is 50,000; and (3) the worldwide level of diversity immigrants for a fiscal year under section 201(e) is zero. SEC. 4. ALLOTMENT OF VISAS. (a) Notwithstanding section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), during the immigration moratorium, visas may be allotted in any fiscal year under section 203 only as follows-- (1) spouses and unmarried children of permanent resident aliens who qualify under section 203(a)(2)(A) and who were holding priority dates as of the effective date of this Act shall be allotted visas in a number equal to 40 percent of the worldwide level of immigration of family-sponsored immigrants under section 3(1) of this Act; (2) in lieu of the number of visas that otherwise would be available to parents of a citizen of the United States under section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153), the number of visas that shall be allotted in any fiscal year to such parents of a citizen of the United States shall, notwithstanding section 201(b), be a number equal to 60 percent of the worldwide level of immigration of family- sponsored immigrants for that fiscal year under section 3(1) of this Act; (3) qualified immigrants holding priority dates as of the effective date of this Act who are sons and daughters of United States citizens shall be allocated visas in a number equal to 75 percent of the maximum number of visas available but not issued under paragraphs (1) and (2); (4) qualified immigrants holding priority dates as of the effective date of this Act who are the sons and daughters of permanent resident aliens shall be allocated visas in a number equal to 25 percent of the maximum number of visas available but not issued under paragraphs (1) and (2); (5) qualified immigrants holding priority dates as of the effective date of this Act who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number equal to the number of visas available but not issued for the classes specified in paragraphs (3) and (4); (6) employment-based immigrants who qualify under sections 203(b) (1) or (2) shall be allotted not more than 50,000 visas; (7) the number of visas that shall be allotted to other aliens subject to the worldwide level of employment-based immigrants shall be zero; and (8) the number of visas that shall be allotted to diversity immigrants under section 203(c) shall be zero. (b) Nothing in this Act shall limit the number of visas that otherwise are available to spouses and children of a citizen of the United States under section 201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)). SEC. 5. GRANTING IMMIGRANT STATUS. During the immigration moratorium, the Attorney General may not accept or approve any petition for classification under section 204 of the Immigration and Nationality Act except for classification by reason of being-- (1) a spouse or child of a citizen of the United States as described in section 201(b)(2)(A); (2) a spouse or child of a permanent resident alien as described in section 203(a)(2)(A); (3) a parent of a citizen of the United States as described in section 201(b)(2)(A) to the extent allowed by section 4(a)(2) of this Act; (4) qualified immigrants holding priority dates as of the effective date of this Act who are sons and daughters of United States citizens or of permanent resident aliens or brothers or sisters as specified in paragraphs (3), (4) and (5) of section 4 of this Act; or (5) by reason of employment-based immigrant status under sections 203(b) (1) or (2) of the Immigration and Nationality Act. Petitions submitted during the moratorium that may not be accepted or approved shall be returned to the persons who filed the petitions. SEC. 6. ANNUAL ADMISSION OF REFUGEES. Notwithstanding any other provision of law, during the immigration moratorium, the number of refugees who may be admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), including the number of admissions made available to adjust to the status of permanent residence the status of aliens granted asylum under section 209(b) of the Immigration and Nationality Act, shall not exceed 50,000 in any fiscal year. SEC. 7. IMMEDIATE RELATIVES DEFINED. During the immigration moratorium, the term ``immediate relatives'' for purposes of section 201(b) means the children and spouse of a citizen of the United States who shall have acquired citizenship under chapter 1 of title III of the Immigration and Nationality Act. SEC. 8. EFFECTIVE DATE. This Act shall take effect upon enactment.

Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate family members.

Immigration Moratorium Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boutique Fuels Elimination Act of 2005''. SEC. 2. REDUCING THE PROLIFERATION OF BOUTIQUE FUELS. (a) Temporary Waivers During Supply Emergencies.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by inserting ``(i)'' after ``(C)'' and by adding the following new clauses at the end thereof: ``(ii) The Administrator may temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required or regulated by the Administrator pursuant to subsection (c), (h), (i), (k), or (m) of this section or prescribed in an applicable implementation plan under section 110 approved by the Administrator under clause (i) of this subparagraph if, after consultation with, and concurrence by, the Secretary of Energy, the Administrator determines that-- ``(I) extreme and unusual fuel or fuel additive supply circumstances exist in a State or region of the Nation which prevent the distribution of an adequate supply of the fuel or fuel additive to consumers; ``(II) such extreme and unusual fuel and fuel additive supply circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not the lack of prudent planning on the part of the suppliers of the fuel or fuel additive to such State or region; and ``(III) it is in the public interest to grant the waiver (for example, when a waiver is necessary to meet projected temporary shortfalls in the supply of the fuel or fuel additive in a State or region of the Nation which cannot otherwise be compensated for). ``(iii) If the Administrator makes the determinations required under clause (ii), such a temporary extreme and unusual fuel and fuel additive supply circumstances waiver shall be permitted only if-- ``(I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel and fuel additive supply circumstances; ``(II) the waiver is effective for a period of 20 calendar days or, if the Administrator determines that a shorter waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel and fuel additive supply circumstances and to mitigate impact on air quality; ``(III) the waiver permits a transitional period, the exact duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down their wholesale and retail inventory; ``(IV) the waiver applies to all persons in the motor fuel distribution system; and ``(V) the Administrator has given public notice to all parties in the motor fuel distribution system, local and State regulators, public interest groups, and consumers in the State or region to be covered by the waiver. The term `motor fuel distribution system' as used in this clause shall be defined by the Administrator through rulemaking. ``(iv) Within 180 days of the date of enactment of this clause, the Administrator shall promulgate regulations to implement clauses (ii) and (iii). ``(v) Nothing in this subparagraph shall-- ``(I) limit or otherwise affect the application of any other waiver authority of the Administrator pursuant to this section or pursuant to a regulation promulgated pursuant to this section; and ``(II) subject any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this subparagraph.''. (b) Limit on Number of Boutique Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)), as amended by subsection (a), is further amended by adding at the end the following: ``(v)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of September 1, 2004 in all State implementation plans; ``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans and shall publish a list of such fuels, including the states and Petroleum Administration for Defense District in which they are used, in the Federal Register for public review and comment no later than 90 days after enactment. ``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II). ``(IV) Subclause (I) shall not limit the Administrator's authority to approve a control or prohibition respecting any new fuel under this paragraph in a State implementation plan or revision to a State implementation plan if such new fuel: ``(aa) completely replaces a fuel on the list published under subclause (II); or ``(bb) does not increase the total number of fuels on the list published under paragraph (II) as of September 1, 2004. In the event that the total number of fuels on the list published under subclause (II) at the time of the Administrator's consideration of a control or prohibition respecting a new fuel is lower than the total number of fuels on such list as of September 1, 2004, the Administrator may approve a control or prohibition respecting a new fuel under this subclause if the Administrator, after consultation with the Secretary of Energy, publishes in the Federal Register, after notice and comment, a finding that, in the Administrator's judgment, such control or prohibition respecting a new fuel will not cause fuel supply or distribution interruptions or have a significant adverse impact on fuel producibility in the affected area or contiguous areas. ``(V) Except for a fuel with a summertime Reid Vapor Pressure of 7.0 pounds per square inch, the Administrator shall have no authority under this paragraph, when considering any particular State's implementation plan or a revision to that State's implementation plan, to approve any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District. ``(VI) Nothing in this clause shall be construed to prohibit a State from requiring the use of an alcohol or bio-diesel fuel additive registered in accordance with subsection (b), including any alcohol or bio- diesel fuel additive registered after the enactment of this subclause; however, this clause shall be construed to prohibit a State from requiring the use of any other fuel additive registered in accordance with subsection (b), including any other fuel additive registered after the enactment of this subclause.''. (c) Sense of the Congress.--It is the sense of the Congress that States should seek to maximize the environmental benefits available from the fuels authorized under subsection (b). (d) Study and Report to Congress on Boutique Fuels.-- (1) Joint study.--The Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). (2) Focus of study.--The primary focus of the study required under paragraph (1) shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to Congress such legislative changes as are necessary to implement such a system. The study should include the impacts on overall energy supply, distribution, and use as a result of the legislative changes recommended. In addition, the study shall examine the need for additional, cleaner motor fuel reformulations to assist states in complying with the ozone National Ambient Air Quality Standard. (3) Responsibility of administrator.--In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study. The Administrator shall use sound and objective science practices, shall consider the best available science, and shall consider and include a description of the weight of the scientific evidence. (4) Responsibility of secretary.--In carrying out the study required by this section, the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility and fuel costs portion of the study. (5) Public participation.--The Administrator and the Secretary shall appoint a task force of interested parties, including but not limited to representatives of Federal, State and local governments, fuel manufacturers, suppliers, and marketers and public interest groups, to provide information to the Administrator and the Secretary and to assist in the development of the recommendations to be included in the report to Congress under paragraph (5). (6) Report to congress.--The Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (7) Authorization of appropriations.--There is authorized to be appropriated jointly to the Administrator and the Secretary $500,000 for the completion of the study required under this subsection. (e) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Secretary'' means the Secretary of Energy. (3) The term ``fuel'' means gasoline, diesel fuel, and any other liquid petroleum product commercially known as gasoline and diesel fuel for use in highway and non-road motor vehicles. (4) The term ``a control or prohibition respecting a new fuel'' means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel.

Boutique Fuels Elimination Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met. States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure). Requires the Administrator to: (1) determine the total number of fuels approved as of September 1, 2004, in all SIPs; (2) publish a list of such fuels for public review and comment; and (3) remove fuels from such list in specified circumstances (but the total number of authorized fuels shall not be reduced). Expresses the sense of Congress that States should seek to maximize the environmental benefits available from approved fuels. Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives.

To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. Congress finds and declares that: (a) Findings and Declarations.-- (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims. (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas, established friendly relations with the tribes, expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence, and endeavored to protect their lands and rights. (3) The United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of tribes, including the Alabama-Coushatta Tribe of Texas (``Alabama-Coushatta Tribe''), to free and undisturbed use and occupancy of its aboriginal lands, including the right to compensation when those rights are violated. (4) The Alabama-Coushatta Tribe holds aboriginal title to land in southeastern Texas that has been subject to illegal trespass and use, depriving the Alabama-Coushatta Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing. (5) In June 2000, the United States Court of Federal Claims ruled that the Alabama-Coushatta Tribe retained aboriginal title to 5.5 million acres of land in southeastern Texas. In its decision, the Court also ruled that the United States is responsible for the Tribe's loss of use of more than 2.85 million acres. (6) In October 2002, the United States Court of Federal Claims adopted the sum of Two Hundred Seventy Million Six Hundred Thousand Dollars ($270,600,000) as the jointly stipulated amount of economic damages to be recovered by the Alabama-Coushatta Tribe from the United States. (7) There is pending before the United States District Court for the Eastern District of Texas a lawsuit by the Alabama-Coushatta Tribe, seeking declaratory and injunctive relief based on the United States failure to discharge its fiduciary duty to the Tribe. (8) Despite the Alabama-Coushatta Tribe's strongly held beliefs about the rights it possesses regarding its aboriginal lands, the Tribe has decided to forego, relinquish, waive, and otherwise disclaim any such rights, on the condition that Congress authorize a restoration of its Federal status, as hereinafter described. (9) The Congress shares with the State of Texas and the parties to this litigation a desire to empower the Alabama- Coushatta Tribe to govern its own economic future and appreciates the Tribe's willingness to forego its aboriginal rights in exchange for improved economic self-sufficiency. (10) This legislation represents a good faith effort on the part of Congress to provide the Alabama-Coushatta Tribe with an economic development opportunity under the same terms and conditions as other federally recognized Indian tribes, in exchange for the Tribe's agreement to relinquish its rights as described above. (11) In the absence of Congressional action, these land claims and related claims will be pursued through the courts, a process which in all likelihood will consume many years and thereby promote hostility and uncertainty in the State of Texas, to the ultimate detriment of the Alabama-Coushatta Tribe, its members, and all other citizens of the State of Texas. (b) Purposes.-- It is the purpose of this subchapter-- (1) to recognize the Alabama-Coushatta Tribe's loss of its aboriginal lands and the resulting loss of any economically productive use of those lands for decades; (2) to restore an economic development opportunity to the Alabama-Coushatta Tribe on terms that are equal and fair; (3) to resolve questions about the rights and obligations of those landowners in Texas that hold title subject to the Tribe's aboriginal title; and (4) to insulate the Federal Government and taxpayers from potentially greater and ongoing liability from these claims. SEC. 3. RESTORATION ACT AMENDMENT. For the purpose of restoring an economic development opportunity on terms that are equal and fair, Section 207 of the Alabama-Coushatta Tribes of Texas Restoration Act, Public Law 100-89 (25 U.S.C. 737) is hereby deleted. SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION. Not later than six months after the date of enactment, the United States and the Alabama-Coushatta Tribe of Texas shall execute and file with the United States District Court for the Eastern District of Texas in the pending litigation a motion for entry of final judgment in accordance with the terms of this subchapter. SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND ABORIGINAL TITLE. (a) Approval and Ratification of Prior Transfers.-- Any invalid transfer before the date of the introduction of this legislation of land or natural resources located within the State of Texas, including but not limited to transfers pursuant to a statute or treaty of, or with, any State or the United States, from, by, or on behalf of the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, shall be deemed to have been made in compliance with the Constitution and all laws of the United States. Congress hereby does approve and ratify any such invalid transfer effective as of the date of said transfer. (b) Extinguishment of Aboriginal Title.-- By virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a) of this section, any aboriginal title held by the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, to any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section shall be regarded as extinguished as of the date of such transfer. (c) Extinguishment of Claims.-- By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected hereby, any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, against the United States or the State of Texas which is based on-- (1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section, or (2) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b) of this section, shall be regarded as extinguished as of the date of any such transfer. (d) Savings Provisions.-- (1) Nothing in this section shall be construed to affect or eliminate the personal claim of an individual Indian (except for a Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians. (2) Nothing in this subchapter is intended to alter the status of lands held in trust by the United States on behalf of the Alabama-Coushatta Tribe of Texas.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act - Amends the Alabama-Coushatta Tribes of Texas Restoration Act to delete a provision prohibiting the Alabama-Coushatta Tribe of Texas from conducting gaming activities on its lands if those gaming activities are prohibited by Texas. Approves and ratifies any prior invalid transfer of land or natural resources within Texas from, by, or on behalf of the Tribe or any predecessor in interest or any of its members. Extinguishes any aboriginal title held by the Tribe, or any predecessor in interest or any of its members, to the land or natural resources the transfer of which is approved and ratified by this Act. Extinguishes any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against Texas or the United States regarding the transferred or aboriginal lands or natural resources. Requires the United States and the Tribe to execute and file with the U.S. District Court for the Eastern District of Texas a motion for entry of final judgment in accordance with the terms of this Act of pending litigation regarding the government's failure to discharge its fiduciary duty to the Tribe.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Women's Lives through International Family Planning Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) International family planning funds provide assistance that saves the lives of women by providing vital reproductive health care, including family planning and maternal health programs that include prenatal, postpartum, HIV/AIDS, and other sexually transmitted disease education that results in safe pregnancies and safe motherhood. (2) Each year more than 585,000 women die from complications with pregnancy and childbirth. In addition, each year at least 7,000,000 women suffer serious health problems, and as many as 50,000,000 women suffer some adverse health consequences, after childbirth, many of which could be prevented with safe motherhood practices used in reproductive health programs. (3) More than 5,800,000 people were infected with HIV/AIDS in 1998. Without funding from international family planning programs for education and prevention, most governments would not have the resources to combat the physical, social, and economic devastation inflicted by that disease. (4) The health of the planet is connected to the health of women and their families. Rapid population growth exacerbates many environmental problems, including air and water pollution, loss of wildlife habitat, fisheries depletion, and climate change--global problems that transcend national boundaries. Family planning programs give women the option to choose the number and spacing of their children, which contributes to slowing global population growth. International family planning improves the ability of families worldwide to manage their lives and their natural resources more sustainably. (5) When families have access to family planning resources and are able to space their children, delay the timing of their first child, and have longer intervals between each child, there is a decrease in the risk of mortality in both women and children. (6) Voluntary family planning services allow women and men to exercise their fundamental human right to plan the size of their families and ensure that every pregnancy is planned and every child is wanted. Data from around the world provide conclusive evidence that increased access to family planning reduces the incidence of abortion. (7) At the International Conference on Population and Development in 1994, it was estimated that making quality family planning and related health services available to all in need of such planning and services would cost $17,000,000,000 in the year 2000. The United States and other donor countries agreed to provide \1/3\ of those funds. Based on the size of its economy, the United States share of the total donor population assistance should be almost $1,900,000,000 for fiscal year 2001. While falling short of that funding goal, restoring funding for population assistance to fiscal year 1995 levels would be a significant step toward ensuring access to family planning and reproductive health care for couples around the world. (8) With world population exceeding 6,000,000,000 people, international family planning providers and related nongovernmental organizations play a critical role in meeting the physical, social, environmental, and economic needs in their societies and in expanding participation in the democratic process. Those organizations should be provided with adequate funding to fully and actively offer the best and most informative care to the citizens involved without restrictions on free speech. United States assistance should be provided to those organizations under the same terms as to the governments involved. SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $366,000,000 to carry out the provisions of section 301 of the Foreign Assistance Act of 1961 and section 2 of the United Nations Environment Program Participation Act of 1973. (b) Availability of Amounts for UNFPA.--Of the amount appropriated for fiscal year 2001 to carry out the provisions of law described in subsection (a), $35,000,000 shall be made available for the United Nations Population Fund (UNFPA). SEC. 4. POPULATION PLANNING ASSISTANCE. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $541,600,000 for population planning activities and other population assistance under part I of the Foreign Assistance Act of 1961. (b) Eligibility of Nongovernmental and Multilateral Organizations for Population Planning Assistance.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 130. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE. ``In determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under this part, the Administrator of the United States Agency for International Development may not apply requirements to such organizations that are more restrictive than requirements applicable to foreign governments for such assistance.''.

Amends the Foreign Assistance Act of 1961 to prohibit the Administrator of the U.S. Agency for International Development (AID), in determining the eligibility of nongovernmental and multilateral organizations for population planning or other population assistance, from applying to them requirements more restrictive than those applicable to foreign governments for such assistance.

Saving Women's Lives through International Family Planning Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Restoration Enhancement Act of 2007''. SEC. 2. DEFINITIONS. Section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a)) is amended-- (1) in paragraph (3) by striking ``and its''; and (2) by adding at the end the following: ``(7) Chesapeake bay watershed.--The term `Chesapeake Bay watershed' means the Chesapeake Bay and the area consisting of 36 tributary basins, within the States of Maryland, Virginia, West Virginia, Pennsylvania, Delaware, and New York and the District of Columbia, through which precipitation drains into the Chesapeake Bay. ``(8) Local government advisory committee.--The term `Local Government Advisory Committee' means the committee of the same name formed through the 1987 Chesapeake Bay Agreement. The committee may include representative members from all jurisdictions within the Chesapeake Bay watershed. ``(9) Tributary strategy.--The term `tributary strategy' means one of 36 strategies in the Chesapeake Bay watershed that is a State approved, river-specific, cleanup plan that provides best management practice implementation actions that, when taken together, will meet the Chesapeake Bay Agreement goal of removing nutrient and sediment impairments from the Chesapeake Bay and its tidal tributaries. ``(10) Tributary basin.--The term `tributary basin' means an area of land or body of water that drains into any one of 36 Chesapeake Bay tributaries or tributary segments and that is managed through tributary strategies under this Act.''. SEC. 3. IMPLEMENTATION AND MONITORING GRANTS. (a) In General.--Section 117(e)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1267(e)(1)) is amended by striking ``approved and committed to implement all or substantially all aspects'' and inserting ``signed all or the water quality portion''. (b) Reporting.--Section 117(e)(7) of such Act (33 U.S.C. 1267(e)(7)) is amended to read as follows: ``(7) Reporting.--The Administrator shall make available to the public on or before March 31 of each year, a document that lists and describes, in the greatest practicable degree of detail all projects completed or underway, and accomplishments of the previous fiscal year, funded by the Federal Government or by a State government in the Chesapeake Bay watershed that contribute to Chesapeake Bay Agreement goals.''. SEC. 4. FEDERAL FACILITIES AND BUDGET COORDINATION. Section 117(f) of the Federal Water Pollution Control Act (33 U.S.C. 1267(f)) is amended-- (1) in paragraph (1) by inserting ``or carries out activities'' after ``Administrator)''; (2) in paragraph (2)-- (A) by inserting ``or carries out activities'' after ``real property''; and (B) by striking ``and actions taken by the agency with respect to the property,'' and inserting ``actions taken by the agency with respect to the property, and the activities of the agency''; and (3) by striking paragraph (3) and inserting the following: ``(3) Annual budget plan.--The President, as part of the annual budget of the United States Government, shall submit information regarding each Federal agency involved in Chesapeake Bay restoration, including-- ``(A) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Chesapeake Bay for the following fiscal year; ``(B) a detailed accounting of all funds received and obligated by Federal agencies to achieve the goals of the Chesapeake Bay Agreement during the preceding fiscal year; and ``(C) a description of the Federal role in the Chesapeake Bay Program and the specific role of each agency involved in Chesapeake Bay restoration.''. SEC. 5. ACHIEVING AND MAINTAINING NUTRIENT AND SEDIMENT REDUCTION GOALS. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended-- (1) by striking subsection (i); (2) by redesignating subsections (g), (h), and (j) as subsections (i), (j), and (k), respectively; and (3) by inserting after subsection (f) the following: ``(g) Achieving and Maintaining Nutrient and Sediment Reduction Goals.-- ``(1) Evaluation.--In transmitting State reports under section 305(b)(2), the Administrator shall include a report evaluating activities carried out during the preceding fiscal year (including any practice implemented during the fiscal year), and the overall progress made, in achieving and maintaining nutrient and sediment reduction goals for each tributary basin based on monitoring and modeling data. ``(2) Baseline.--The baseline for the report (in this subsection referred to as the `baseline') shall be the tributary load allocation agreement numbered EPA 903-R-03-007, dated December 2003 and entitled `Setting and Allocating the Chesapeake Bay Basin Nutrient and Sediment Loads: The Collaborative Process, Technical Tools and Innovative Approaches'. ``(3) Inclusions.--The report shall include, for each tributary basin-- ``(A) an identification of the total allocation of nutrients and sediment under the baseline; ``(B) an identification of any reduction or increase in the monitored and modeled quantities of nutrients and sediment during the preceding fiscal year, expressed numerically and as a percentage of the reduction or increase; ``(C) a list (organized from least to most progress made) that ranks the comparative progress made, based on the percentage of the reduction or increase under subparagraph (B), in each tributary basin toward meeting the annual allocation goal of that tributary basin for nutrients and sediment; and ``(D) to the maximum extent practicable, an identification of the principal sources of pollutants in the tributary basins, including airborne sources of pollutants. ``(4) Use of data; effects of drought and wet weather conditions.--In preparing the evaluation, the Administrator shall-- ``(A) use monitoring and modeled data and information submitted under subsection (h)(1); and ``(B) describe the effects of drought and wet weather conditions on the condition of water quality parameters. ``(5) Distribution.--The Administrator shall-- ``(A) submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and ``(B) make the report available to the public, including distribution in an electronic format.''. SEC. 6. ACTIONS BY STATES. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) (as amended by section 5 of this Act) is further amended by inserting after subsection (g) the following: ``(h) Actions by States.-- ``(1) Submission of information.--Not later than January 31 of each year, each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia shall submit to the Administrator information describing, for each tributary basin located in the State or District of Columbia, for the preceding fiscal year-- ``(A) the levels of nutrients and sediment contamination in the basin; ``(B) the principal sources of nutrients and sediment in the basin, by category; ``(C) for each category of pollutant source, the technologies and practices used to achieve reductions, including levels of best management practices implementation and sewage treatment plant upgrades; ``(D) any Federal or State funding used to implement a technology or practice described in subparagraph (C); and ``(E) all projects completed or underway, and accomplishments of the previous fiscal year, funded by the Federal Government, the State, or the District of Columbia in the Chesapeake Bay watershed that contribute to Chesapeake Bay Agreement goals. ``(2) Failure to act.--The Administrator may not make a grant to a State under this section if the State fails to submit information in accordance with paragraph (1).''. SEC. 7. CHESAPEAKE BAY PROGRAM. (a) In General.--Section 117(i) of the Federal Water Pollution Control Act (as redesignated by section 5(2) of this Act) is amended-- (1) in paragraph (1)-- (A) by inserting ``tributary strategies and'' after ``ensure that''; (B) by striking ``and implementation is begun'' and inserting ``, approved, and implemented''; and (C) by inserting ``all or the water quality portion of'' after ``signatories to''; (2) in paragraph (1)(A) by striking ``and its''; and (3) by striking paragraph (2) and inserting the following: ``(2) Local government involvement.-- ``(A) Measurable goals.--The Administrator shall request the Local Government Advisory Committee to prepare, in coordination with the Chesapeake Executive Council, and submit to the Administrator, within one year of the date of enactment of the Chesapeake Bay Restoration Enhancement Act of 2007, a report describing measurable goals for local governments to achieve by 2010 toward Chesapeake Bay Agreement nutrient and sediment reduction goals and associated funding needs. ``(B) Consideration of priorities.--In preparing information for the annual budget under subsection (f), the President, in consultation with the States, shall consider priorities for funding needs recommended by the Local Government Advisory Committee. ``(3) Implementation assistance program.-- ``(A) Establishment.--The Administrator, in cooperation with the Chesapeake Executive Council, shall establish an implementation assistance program to support tributary strategies and other projects toward achievement of Chesapeake Bay Agreement goals. ``(B) Small watershed grants.-- ``(i) In general.--In carrying out the program, the Administrator shall provide technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations, including academic institutions, to implement tributary strategies and other cooperative, locally based protection and restoration programs or projects within a tributary basin that complement the tributary strategy for such basin, including-- ``(I) measures to improve water quality for the purpose of making progress toward Chesapeake Bay Agreement goals; and ``(II) measures for the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. ``(ii) Priority.--In selecting projects to receive grants under clause (i), the Administrator shall give priority to projects led by or partnered with local governments. ``(C) Capacity building program.--In carrying out the program, the Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall provide capacity building assistance, including technical and financial assistance, to enhance the technical and environmental planning capabilities of local governments to carry out protection and restoration programs or projects within a tributary basin. ``(D) Targeted watershed grants.--In carrying out the program, the Administrator shall provide technical assistance and assistance grants to implement tributary strategies that accelerate the quantifiable reduction of nonpoint source nutrient and sediment pollution through innovative, sustainable, and cost-effective strategies. ``(4) Permit limitations.--Until such time that an applicable total maximum daily load is established under section 303(d), the applicable load allocation in the tributary strategy for any discharge for which a permit is required by section 301 and issued under section 402 in the Chesapeake Bay watershed shall be incorporated into the permit for the discharge so that the applicable load allocation for the discharge is attained and maintained.''. (b) Conforming Amendments.--Section 117 of such Act (33 U.S.C. 1267) is amended-- (1) in subsection (d)(2)(B)-- (A) by striking ``Small watershed grants program'' and inserting ``Implementation assistance program''; (B) by striking ``implementing''; and (C) by striking ``(g)(2)'' and inserting ``(i)(3)''; and (2) in subsection (e)(2)(B)(i) by striking ``and its''. SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM. Section 117(j) of the Federal Water Pollution Control Act (as redesignated by section 5(2) of this Act) is amended-- (1) in paragraph (2)(B) by striking ``and 1995'' and inserting ``1995, and 2005''; and (2) in paragraph (2)(C)-- (A) by inserting ``tributary strategies and'' before ``management strategies''; and (B) by striking ``on the date of enactment of this section''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 117(k) of the Federal Water Pollution Control Act (as redesignated by section 5(2) of this Act) is amended to read as follows: ``(k) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $30,000,000 for each of fiscal years 2008 through 2012 to carry out this section (other than subsection (i)(3)). ``(2) Implementation assistance program.-- ``(A) Small watershed grants; capacity building program.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012 to carry out subsections (i)(3)(B) and (i)(3)(C). Of such funds-- ``(i) 30 percent per fiscal year shall be used to carry out subsection (i)(3)(B); and ``(ii) 70 percent per fiscal year shall be used to carry out subsection (i)(3)(C). ``(B) Targeted watershed grants.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012 to carry out subsection (i)(3)(D). ``(3) Period of availability.--Funds appropriated to carry out this section shall remain available until expended.''.

Chesapeake Bay Restoration Enhancement Act of 2007 - Amends the Federal Water Pollution Control Act to revise requirements for implementation and monitoring grants under the Chesapeake Bay Agreement and for reporting on federally-funded projects under such Agreement. Requires federal agencies that carry out activities within the watershed to: (1) participate in planning and restoration programs; and (2) ensure that such activities comply with the Chesapeake Bay Agreement and the Federal Agencies Chesapeake Ecosystem Unified Plan. Requires the President to submit as part of the annual federal budget information regarding each federal agency involved in Chesapeake Bay restoration. Requires the Administrator of the Environmental Protection Agency (EPA) to report on progress in achieving and maintaining nutrient and sediment reduction goals for each tributary basin. Sets forth the baseline for the report and reporting requirements. Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit to the Administrator information relating to nutrient and sediment reduction for each Chesapeake Bay tributary basin. Prohibits the Administrator from making a grant to any state which fails to provide required information. Requires the Administrator to request the Local Government Advisory Committee to report to EPA on measurable goals for local governments for nutrient and sediment reduction. Requires the Administrator: (1) to establish an implementation assistance program to support tributary strategies and other projects toward achievement of Chesapeake Bay Agreement goals; (2) to assist local governments and nonprofit organizations to implement tributary strategies and other complementary cooperative, locally based protection and restoration programs or projects under the technical assistance and assistance grants program; (3) in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, to provide capacity building assistance to enhance local governments' capabilities to carry out protection and restoration programs or projects within a tributary basin; and (4) to provide grants to implement tributary strategies that accelerate the reduction of nonpoint source nutrient and sediment pollution. Requires specified load allocations to be incorporated into discharge permits until applicable total maximum daily loads are established. Updates reporting deadlines for the study of the Chesapeake Bay Program. Authorizes appropriations through FY2012.

To amend the Federal Water Pollution Control Act to improve and reauthorize the Chesapeake Bay program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Access to Vision Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) Good vision is essential for proper physical development and educational progress in growing children. (2) Many serious ocular conditions are treatable if identified in the preschool and early school-aged years. (3) Early detection of ocular conditions provides the best opportunity for effective, inexpensive treatment and can have far reaching implications for vision. (4) Vision screening programs will identify children needing comprehensive eye examinations, and these children should have access to these eye examinations, as well as to subsequent treatment or services necessary to correct vision problems. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established review process for the purpose of-- (1) providing comprehensive eye examinations for children who have been identified by a licensed health care provider or certified vision screener as needing such services, with priority given to children who are under the age of 9; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Limitation on Grant Expenditures.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Definitions.--For purposes of this section: (1) The term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (2) The term ``subsequent treatment or services necessary to correct vision problems'' does not include vision training or vision therapy services. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2007.

Children's Access to Vision Act of 2003 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to States for: (1) comprehensive eye examinations for children needing such services, with priority for children under nine years old; (2) subsequent vision treatment or services; and (3) educational materials on recognizing signs of visual impairment in children. Directs the Secretary to coordinate the grant program with appropriate Federal and State child services programs. Requires an annual State program evaluation.

To establish a grant program to provide comprehensive eye examinations to children, and for other purposes.

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

Prevention of Escapement of Genetically Altered Salmon in the United States Act This bill prohibits a person from: shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce; having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce; engaging in net-pen aquaculture (pens of fish contained by nets) of those fish; releasing those fish into a natural environment; or having custody, control, or possession of those fish with the intent to release them into a natural environment. Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Black Colleges and Universities Historic Building Restoration and Preservation Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``historically black colleges and universities'' has the same meaning given the term ``part B institution'' in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); and (2) the term ``historic building and structures'' means a building or structure that is listed on the National Register of Historic Places or is designated as a National Historic Landmark. SEC. 3. FINDINGS. Congress finds that-- (1) the Nation's historically black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for African-American, low-income, and educationally disadvantaged Americans; (2) over the course of our Nation's history, the Federal Government and the States have discriminated in the allocation of land and financial resources to support the institutions, forcing them to rely on the generous support of private individuals and other charitable organizations; (3) the development of private and charitable financial support for historically black colleges and universities has resulted in structures and buildings of historic importance and architecturally unique design on the campuses of these institutions; and (4) many of the structures and buildings at historically black colleges and universities are national treasures worthy of preservation and restoration for future generations of all Americans and for the students and faculty of the institutions. SEC. 4. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES. (a) Authority To Make Grants.--In fiscal years 1995 through 1998, the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall make grants in accordance with this section to historically black colleges and universities for the preservation and restoration of historic buildings and structures on the campus of the institutions. (b) Grant Conditions.--Grants made pursuant to this section shall be subject to the condition that the grantee covenants, for a period of time specified by the Secretary that-- (1) no alteration shall be made to the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property with respect to which the grant is made shall be permitted by the grantee for interpretive and educational purposes. (c) Matching Requirement For Buildings and Structures Listed on The National Register of Historic Places.-- (1) In general.--Except as provided in paragraph (2), the Federal share of a grant under this section for a building or structure listed on the National Register of Historic Places shall be not more than 50 percent of the cost of the grant project. (2) Exception.--The Secretary may waive the cost-share requirement for a grant under this subsection if the Secretary determines that an extreme emergency exists or that a waiver is in the public interest to ensure the preservation of historically significant resources. (d) Funding.-- (1) Source.--The Secretary shall make grants pursuant to this section from amounts made available to carry out the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.). (2) Limitations.-- (A) Fiscal year 1995.--For fiscal year 1995-- (i) not more than $20,000,000 may be made available for a grant under this section; and (ii) of such amounts-- (I) $5,000,000 shall be made available for grants to Fisk University; and (II) $10,000,000 shall be made available for grants to historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative. (B) Subsequent years.--For each of fiscal years 1996, 1997, and 1998, not more than $15,000,000 may be made available for grants under this section. (e) Regulations.--The Secretary shall develop and implement regulations to carry out this Act.

Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to make grants to historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses. Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration shall be made to the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to such property shall be permitted for interpretive and educational purposes. Limits the Federal share of a grant for a building or structure listed on the National Register of Historic Places to 50 percent of the cost of the grant project. Authorizes the Secretary to waive the cost-share requirement if an extreme emergency exists or if such a waiver is in the public interest to assure the preservation of historically significant resources. Directs the Secretary to make such grants from amounts made available to carry out the National Historic Preservation Act of 1966. Limits amounts made available for this Act for FY 1995 through 1998. Earmarks funds for FY 1995 for grants to: (1) Fisk University; and (2) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative.

Historically Black Colleges and Universities Historic Building Restoration and Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Midwifery Care Access and Reimbursement Equity Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Medicare program reimburses certified nurse- midwives for primary care services, as authorized by State law. (2) Since 1988, Congress has authorized reimbursement under the Medicare program to certified nurse-midwives for the provision of maternity-related services to Medicare-eligible women with disabilities who are of childbearing age. (3) Since 1993, Congress authorized reimbursements under the Medicare program to certified nurse-midwives to also provide additional services outside the maternity cycle. (4) In its June 2002 report to Congress, the Medicare Payment Advisory Commission (MedPAC) unanimously recommended that the percentage of part B reimbursement for certified nurse-midwife services to be increased by Congress. MedPAC also highlighted the high quality of care provided by certified nurse-midwives. (5) Certified nurse-midwives and certified midwives are highly educated health professionals. To practice in the United States as either a certified nurse-midwife or a certified midwife, an individual must complete a post-baccalaureate educational program and State licensure as well as pass a national certification examination. (6) While most State Medicaid programs reimburse certified nurse-midwives and other obstetrical and gynecological providers at the same payment rate, the Medicare program reimburses such midwives at a payment rate that is 35 percent lower than such other providers. (7) This disparity is a barrier to women's access to obstetrical and gynecological providers of their choice within the Medicare program. (8) Health disparities in the United States continue to be a critical problem. Midwives have historically cared for those populations most at risk for health disparities in areas of high infant mortality, preterm birth, low birth weight, sudden infant death syndrome, maternal mortality, breast and cervical cancer, and HIV/AIDS infection among women. (9) Providing more equitable reimbursement for the high quality primary care services of certified nurse-midwives and certified midwives will aid in ensuring their services are available to women in need. SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE SERVICES. (a) Certified Midwife, Certified Midwife Services Defined.--(1) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following new paragraphs: ``(3) The term `certified midwife services' means such services furnished by a certified midwife (as defined in paragraph (4)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(4) The term `certified midwife' means an individual who has successfully completed a bachelor's degree from an accredited educational institution and a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary.''. (2) The heading in section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended to read as follows: ``Certified Nurse-Midwife Services; Certified Midwife Services''. (b) Certified Midwife Service Benefit.-- (1) Medical and other services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon. (2) Permitting hospitals to provide for patients receiving certified nurse-midwife services or certified midwife services to be under the care of a certified nurse-midwife or certified midwife.--Section 1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4)) is amended-- (A) by inserting ``(i)'' after ``except that''; and (B) by inserting before the semicolon the following: ``and (ii) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife with respect to such services to the extent permitted under State law''. (3) Benefit under part b.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''. (4) Amount of payment.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended-- (A) by inserting ``and certified midwife services'' after ``certified nurse-midwife services''; and (B) by striking ``65 percent'' and inserting ``100 percent'' each place it appears. SEC. 4. INTERIM, FINAL REGULATIONS. In order to carry out the amendments made by this Act in a timely manner, not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations, that take effect on an interim basis, after notice and pending opportunity for public comment.

Midwifery Care Access and Reimbursement Equity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services. (Currently only certified nurse-midwife services are covered.)

A bill to amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport and Airway Extension Act of 2011, Part IV''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``July 22, 2011'' and inserting ``September 16, 2011''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``July 22, 2011'' and inserting ``September 16, 2011''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``July 22, 2011'' and inserting ``September 16, 2011''. (c) Effective Date.--The amendments made by this section shall take effect on July 23, 2011. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``July 23, 2011'' and inserting ``September 17, 2011''; and (2) by inserting ``or the Airport and Airway Extension Act of 2011, Part IV'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``July 23, 2011'' and inserting ``September 17, 2011''. (c) Effective Date.--The amendments made by this section shall take effect on July 23, 2011. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103 of title 49, United States Code, is amended by striking paragraph (8) and inserting the following: ``(8) $3,380,178,082 for the period beginning on October 1, 2010, and ending on September 16, 2011.''. (2) Obligation of amounts.--Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2011, and shall remain available until expended. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``July 22, 2011,'' and inserting ``September 16, 2011,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``July 23, 2011.'' and inserting ``September 17, 2011.''. (b) Section 44302(f)(1) of such title is amended-- (1) by striking ``July 22, 2011,'' and inserting ``September 16, 2011,''; and (2) by striking ``October 31, 2011,'' and inserting ``December 31, 2011,''. (c) Section 44303(b) of such title is amended by striking ``October 31, 2011,'' and inserting ``December 31, 2011,''. (d) Section 47107(s)(3) of such title is amended by striking ``July 23, 2011.'' and inserting ``September 17, 2011.''. (e) Section 47115(j) of such title is amended by striking ``July 23, 2011,'' and inserting ``September 17, 2011,''. (f) Section 47141(f) of such title is amended by striking ``July 22, 2011.'' and inserting ``September 16, 2011.''. (g) Section 49108 of such title is amended by striking ``July 22, 2011,'' and inserting ``September 16, 2011,''. (h) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``July 23, 2011,'' and inserting ``September 17, 2011,''. (i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ``July 23, 2011,'' and inserting ``September 17, 2011,''. (j) The amendments made by this section shall take effect on July 23, 2011. SEC. 6. ESSENTIAL AIR SERVICE REFORM. (a) In General.--Section 41731(a)(1) of title 49, United States Code, is amended-- (1) in subparagraph (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in clause (i)(I) (as so redesignated) by inserting ``(A)'' before ``(i)(I)''; (4) in subparagraph (A)(ii) (as so redesignated)-- (A) by striking ``determined'' and inserting ``was determined''; (B) by striking ``Secretary'' and inserting ``Secretary of Transportation''; and (C) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(B) is located not less than 90 miles from the nearest medium or large hub airport; and ``(C) had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary.''. (b) Limitation on Authority To Decide a Place Not an Eligible Place.--Section 41731(b) of such title is amended-- (1) by striking ``Secretary of Transportation'' and inserting ``Secretary''; and (2) by striking ``on the basis of a passenger subsidy at that place or on another basis'' and inserting ``on any basis''. (c) Exceptions and Waivers.--Section 41731 of such title is amended by adding at the end the following: ``(c) Exceptions for Locations in Alaska.--Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska. ``(d) Waivers.--The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Airport and Airway Extension Act of 2011, Part IV - (Sec. 2) Amends the Internal Revenue Code to extend through September 16, 2011, increased excise taxes on aviation fuels, the excise tax on air transportation of persons and property, and the expenditure authority for the Airport and Airway Trust Fund. (Sec. 4) Increases the authorization of appropriations for the period beginning on October 1, 2010, and ending on September 16, 2011, for airport planning and development and noise compatibility planning projects (known as airport improvement projects [AIPs]). Extends through September 16, 2011, the authority of the Secretary of Transportation to make new AIP grants. (Sec. 5) Extends until September 17, 2011: (1) the pilot program for passenger facility fee authorizations at non-hub airports, and (2) disclosure requirements for large and medium hub airports applying for AIP grants. Directs the Secretary to extend through September 16, 2011, the termination date of insurance coverage for domestic or foreign-flag aircraft. Grants the Secretary discretionary authority to further extend such coverage through December 31, 2011. Extends through December 31, 2011, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism. Extends through September 16, 2011: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility AIPs; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development grant or for permission to impose a passenger facility fee. Amends the Vision 100 - Century of Aviation Reauthorization Act to extend through September 16, 2011: (1) the temporary increase to 95% of the federal government's share of certain AIP costs, and (2) funding for airport development at Midway Island Airport. (Sec. 6) Revises essential air service (EAS) program eligibility requirements to limit such service to airports (except those in Alaska) that: (1) are located at least 90 miles from the nearest medium or large hub airport, and (2) had an average subisdy per passenger of less than $1,000. Authorizes the Secretary of Transportation to waive such requirements for a particular location if its geographic characteristics result in undue difficulty in accessing the nearest medium or large hub airport.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Programs Extension Act of 1994''. SEC. 2. HOUSING ASSISTANCE. (a) Expiring Section 8 Contracts.-- (1) Requirement.--Subject only to the availability of budget authority to carry out this section, not later than October 1, 1995, the Secretary of Housing and Urban Development shall make an offer to the owner of each housing project assisted under an expiring contract to extend the term of the expiring contract for 24 months beyond the date of the expiration of the contract. (2) Terms of extension.--Except for terms or conditions relating to the duration of the contract, the terms and conditions under the extension provided pursuant to this subsection of any expiring contract shall be identical to the terms and conditions under the expiring contract. (3) Definition of expiring contract.--For purposes of this subsection, the term ``expiring contract'' means a contract for assistance pursuant to section 8(b)(2) of the United States Housing Act of 1937 (as such section existed before October 1, 1983), including a contract for assistance referred to in section 209(b) of the Housing and Urban-Rural Recovery Act of 1983, having a term that expires before October 1, 1996. (4) Displacement assistance.--The Secretary of Housing and Urban Development may make available to tenants residing in units covered by an expiring contract that is not extended pursuant to this subsection either-- (A) tenant-based assistance under section 8 of the United States Housing Act of 1937; or (B) a unit with respect to which project-based assistance is provided under section 8 of the United States Housing Act of 1937. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Low-Income Housing Preservation and Resident Homeownership Act.-- (1) Acquisition grants.--Section 234(b) of the Housing and Community Development Act of 1987 (12 U.S.C. 4124(b)) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (2) Technical assistance and capacity building.--Section 257 of the Housing and Community Development Act of 1987 (12 U.S.C. 4147) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (c) Use of Section 236 Rental Assistance Fund Amounts for Flexible Subsidies.--Section 236(f)(3) of the National Housing Act (12 U.S.C. 1715z-1(f)(3)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (d) Housing Counseling.-- (1) Emergency homeownership counseling.--Section 106(c)(9) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (2) Prepurchase and foreclosure prevention counseling demonstration.--Section 106(d)(13) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(d)(13)) is amended by striking ``fiscal year 1994'' and inserting ``fiscal year 1995''. (e) Major Reconstruction of Public Housing for Disabled Families.-- Section 5(j)(2)(G)(i) of the United States Housing Act of 1937 (42 U.S.C. 1437e(j)(2)(G)(i)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. SEC. 3. RURAL HOUSING. (a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended-- (1) in the first sentence, by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''; and (2) in the second sentence, by striking ``each''. (b) Rural Multifamily Rental Housing.--Section 515(b) of the Housing Act of 1949 (42 U.S.C. 1485(b)) is amended-- (1) by striking paragraph (4); and (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (c) Rural Rental Housing Funds for Nonprofit Entities.--The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. SEC. 4. MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET PROGRAMS. (a) Multifamily Housing Finance.--Section 542(b)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by striking ``and 1994'' and inserting ``, 1994, and 1995''. (b) Assessment Collection Dates for Office of Federal Housing Enterprise Oversight.--Section 1316(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Timing of payment.--The annual assessment shall be payable in installments on October 1 and April 1 of each fiscal year.''. SEC. 5. COMMUNITY DEVELOPMENT. Section 916(f) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note) is amended by striking ``Act shall apply only with respect to fiscal years 1991, 1992, 1993, and 1994'' and inserting ``section shall not apply to fiscal years after fiscal year 1995''.

Housing Programs Extension Act of 1994 - Authorizes section 8 housing contract extensions and related displaced tenant assistance. Authorizes appropriations. Amends the Housing and Community Development Act of 1987 to extend funding for the low-income housing preservation and ownership program. Amends the National Housing Act to extend authority to use rental assistance amounts for flexible subsidies. Amends the Housing and Urban Development Act of 1968 to extend authority for housing counseling programs. Amends the United States Housing Act of 1937 to extend set-asides for reconstruction of public housing for disabled families. Amends the Housing Act of 1949 to extend rural housing set asides for: (1) underserved areas; and (2) rental housing funds for nonprofit entities. Makes rural multifamily rental housing loan authority permanent. Amends the Housing and Community Development Act of 1992 to extend authority for the multifamily mortgage risk-sharing pilot program. Amends the Cranston-Gonzalez National Affordable Housing Act to extend community development block grant set-asides for colonias.

Housing Programs Extension Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Liability Protection Act''. SEC. 2. TEACHER LIABILITY PROTECTION. The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.) is amended by adding at the end the following: ``TITLE XV--TEACHER LIABILITY PROTECTION ``SEC. 15001. SHORT TITLE. ``This title may be cited as the `Teacher Liability Protection Act of 1999'. ``SEC. 15002. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) The ability of teachers, principals and other school professionals to teach, inspire and shape the intellect of our Nation's elementary and secondary school students is deterred and hindered by frivolous lawsuits and litigation. ``(2) Each year more and more teachers, principals and other school professionals face lawsuits for actions undertaken as part of their duties to provide millions of school children quality educational opportunities. ``(3) Too many teachers, principals and other school professionals face increasingly severe and random acts of violence in the classroom and in schools. ``(4) Providing teachers, principals and other school professionals a safe and secure environment is an important part of the effort to improve and expand educational opportunities. ``(5) Clarifying and limiting the liability of teachers, principals and other school professionals who undertake reasonable actions to maintain order, discipline and an appropriate educational environment is an appropriate subject of Federal legislation because-- ``(A) the scope of the problems created by the legitimate fears of teachers, principals and other school professionals about frivolous, arbitrary or capricious lawsuits against teachers is of national importance; and ``(B) millions of children and their families across the Nation depend on teachers, principals and other school professionals for the intellectual development of children. ``(b) Purpose.--The purpose of this title is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(a) Preemption.--This title preempts the laws of any State to the extent that such laws are inconsistent with this title, except that this title shall not preempt any State law that provides additional protection from liability relating to teachers. ``(b) Election of State Regarding Nonapplicability.--This title shall not apply to any civil action in a State court against a teacher in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation-- ``(1) citing the authority of this subsection; ``(2) declaring the election of such State that this title shall not apply, as of a date certain, to such civil action in the State; and ``(3) containing no other provisions. ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS. ``(a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- ``(1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; ``(2) the actions of the teacher were carried out in conformity with local, State, and Federal laws, rules and regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; ``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; ``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and ``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- ``(A) possess an operator's license; or ``(B) maintain insurance. ``(b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. ``(c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: ``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ``(d) Limitation on Punitive Damages Based on the Actions of Teachers.-- ``(1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. ``(2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. ``(e) Exceptions to Limitations on Liability.-- ``(1) In general.--The limitations on the liability of a teacher under this title shall not apply to any misconduct that-- ``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; ``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; ``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or ``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. ``(2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (d). ``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS. ``(a) General Rule.--In any civil action against a teacher, based on an action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b). ``(b) Amount of Liability.-- ``(1) In general.--Each defendant who is a teacher, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. ``(2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. ``SEC. 15006. DEFINITIONS. ``For purposes of this title: ``(1) Economic loss.--The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101, or a home school. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. ``(6) Teacher.--The term `teacher' means a teacher, instructor, principal, administrator, or other educational professional that works in a school, a local school board and any member of such board, and a local educational agency and any employee of such agency. ``SEC. 15007. EFFECTIVE DATE. ``(a) In General.--This title shall take effect 90 days after the date of the enactment of the Teacher Liability Protection Act. ``(b) Application.--This title applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the Teacher Liability Protection Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.''.

Preempts State law, except where such law provides additional protection of teachers from liability. Makes title XV inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that title XV not apply. Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss.

Teacher Liability Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural and Urban Health Care Act of 2005''. SEC. 2. REQUIREMENTS FOR ADMISSION OF H-1C NONIMMIGRANT NURSES. (a) In General.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States or Canada; ``(B) has passed the examination given by the Commission on Graduates of Foreign Nursing Schools or another appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility, except that, in the case of an alien who is otherwise eligible to take the State licensure examination after entering into the United States, but who has not passed such examination before entering-- ``(i) the alien may take such examination not more than twice after entering, but the alien's status as a nonimmigrant under section 101(a)(15)(H)(i)(c) shall terminate, and the alien shall be required to depart the United States, if the alien does not pass such examination either the first or second time; and ``(ii) the failure of the alien to have obtained a social security account number shall not be deemed a ground of ineligibility to take such examination. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed by the facility. ``(ii) The alien will be paid the wage rate for registered nurses similarly employed by the facility. ``(iii) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered staff nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(iv) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(v) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. ``(vi) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c), require the alien to pay a penalty (as determined under State law) for ceasing employment prior to a date agreed to by the alien and the facility. ``(B) A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(C) The Secretary shall review the attestation only for completeness and obvious inaccuracies. Unless the Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(i)(c) within 7 days of the date of the filing of the attestation. ``(D) Subject to subparagraph (F), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the 3-year period beginning on the date of its filing with the Secretary; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the 3-year period beginning on the date of its filing with the Secretary if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(E) A facility may meet the requirements of this paragraph with respect to more than one registered nurse in a single attestation. ``(F)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities that have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility willfully failed to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has willfully failed to meet a condition attested to or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(ii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(G)(i) The Secretary shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be for an initial period not to exceed 3 years, and may be extended if the extension does not cause the total period of authorized admission as such a nonimmigrant to exceed 6 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 195,000. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; and ``(B) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c): ``(A) The term `facility' includes a hospital, nursing home, skilled nursing facility, registry, clinic, assisted- living center, and an employer who employs any registered nurse in a home setting. ``(B)(i) The term `lay off' with respect to a worker (for purposes of paragraph (2)(A)(iii))-- ``(I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(II) does not include any situation in which the worker's offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. ``(ii) Nothing in this subparagraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract. ``(C) The term `Secretary' means the Secretary of Labor.''. (b) Regulations; Effective Date.--Not later than 90 days after the date of the enactment of this Act, regulations to carry out subsection (a) shall be promulgated by the Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Attorney General. Notwithstanding the preceding sentence, the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act, regardless of whether such regulations are in effect on such date. SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT UPON REQUESTS BY STATE AGENCIES. Section 214(l)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(B)) is amended by striking ``30;'' and inserting ``40;''.

Rural and Urban Health Care Act of 2005 - Amends the Immigration and Nationality Act to revise admission requirements for H-1C nonimmigrant nurses by, among other things: (1) allowing aliens who received a nursing education in Canada to claim licensure equivalency; (2) requiring aliens who twice fail to pass a State licensure examination to depart the United States; (3) substantially increasing the total number of available H-1C visas; and (4) increasing the type of qualifying employer-facilities. Increases the number of annual two-year foreign residency requirement waivers available to interested State agencies for aliens receiving graduate medical education or training in the United States.

To modify the requirements applicable to the admission into the United States of H-1C nonimmigrant registered nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FFSCC Charter Act of 2011''. 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 shall-- (1) under such regulations as the Comptroller of the Currency may prescribe, 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''); and (2) have the responsibility to ensure that credit alternatives are available to the underbanked. (b) Eligibility.--The Comptroller of the Currency may not issue an FFSCC charter to a company unless the company satisfies the following requirements, as reasonably determined by the Comptroller of the Currency: (1) The company has a demonstrated history of experience in providing underbanked persons with a financial product from within the following services: (A) Credit extended to consumers or, in an amount less than $10,000, to small businesses. (B) The issuing of reloadable stored value cards to consumers or small businesses. (C) 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. (D) Such other short-term consumer credit services as the Comptroller of the Currency determines appropriate. (2)(A) No person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the company-- (i) has been convicted of a felony within ten years of the charter application date; or (ii) is associated with any person who has been convicted of a felony within ten years of the charter application date. (B) For purposes of subparagraph (A)-- (i) the term ``controlling person'' means a person owning or controlling 10 percent or more of the total outstanding ownership of the company; and (ii) with respect to two people, the term ``associated with'' means one person-- (I) is a partner, officer, or director (or any person occupying a similar status or performing similar functions) of the other person; or (II) directly or indirectly controls, is controlled by, or is under common control with the other person. (3) The company submits a business plan or operating plan that adequately addresses the appropriate statutory and policy considerations. Such plan shall-- (A) 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; (B) 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 (C) demonstrate that the company is aware of, and understands, Federal and State consumer credit laws and sound consumer credit operations and practices in the context of serving the needs of the underbanked and unbanked populations. (4) The company has senior management officials who are familiar with applicable Federal and State consumer credit laws and regulations, and the credit needs of underbanked and unbanked consumers. (5) 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. (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) Financial products offered.--Each FFSCC shall provide to underbanked persons at least three financial products from within the services listed under the subparagraphs of subsection (b)(1). (5) 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 unbanked or underbanked consumers. (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 authority to provide any financial products authorized by the Comptroller of the Currency under section 4(2). (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. The Comptroller of the Currency may authorize any State attorney general to enforce violations of this Act, or regulations issued pursuant to this Act. (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 shall be preempted if the application of such law would have a discriminatory effect on a company because such company is chartered as an FFSCC. (h) Model Forms.--The Comptroller of the Currency shall draft approved, model product and disclosure forms that may be utilized by FFSCCs with any approved credit products or services offered by 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) contain transparent and full disclosure of all fees and terms related to such products; and (B) be economically viable for FFSCCs to offer to consumers. SEC. 5. DEFINITIONS. For purposes of this Act: (1) 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. (2) 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)). (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) Insured depository institution.--The term ``insured depository institution'' shall have the meaning given such term under section 3(c) of the Federal Deposit Insurance Act. (5) Long-term credit.--The term ``long-term credit'' means an extension of credit with an initial term of one year or more. (6) Short-term credit.--The term ``short-term credit'' means an extension of credit with an initial term of less than one year. (7) Small business.--The term ``small business'' means a company with no more than 500 employees. (8) 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 non- depository services from insured depository institutions or insured credit unions, as reasonably determined by the Comptroller of the Currency. (9) Underbanked person.--The term ``underbanked person'' means a natural person or a small business that is underbanked, unbanked, or has a low credit score. (10) 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 Charter Act of 2011 - Directs the Comptroller of the Currency to: (1) provide for the establishment and chartering of Federal Financial Services and Credit Companies (FFSCCs); and (2) ensure that credit alternatives are available to the underbanked. Prescribes eligibility criteria for an FFSCC charter. Subjects FFSCCs to specified requirements, including: (1) credit disclosures; (2) account access; (3) financial literacy programs; (4) a comprehensive array of financial services to the underbanked, unbanked, and consumers with low credit scores; and (5) grant of access to credit products predominately to unbanked or underbanked consumers. Subjects FFSCCs to an annual fee to offset the cost of implementing this Act. Directs the Comptroller to: (1) draft approved, model product and disclosure forms that may be utilized by FFSCCs with any approved credit products or services; (2) study rates and terms used in the extension of credit; and (3) develop a suite of FSCC financial products for underbanked persons which contain transparent and full disclosure of all related fees and terms, and are economically viable for FFSCCs to offer.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Paperwork Relief Act of 2002''. SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS. (a) Requirements Applicable to the Director of OMB.--Section 3504(c) of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(6) publish in the Federal Register and make available on the Internet (in consultation with the Small Business Administration) on an annual basis a list of the compliance assistance resources available to small businesses, with the first such publication occurring not later than 1 year after the date of enactment of the Small Business Paperwork Relief Act of 2002.''. (b) Establishment of Agency Point of Contact.--Section 3506 of title 44, United States Code, is amended by adding at the end the following: ``(i)(1) In addition to the requirements described in subsection (c), each agency shall, with respect to the collection of information and the control of paperwork, establish 1 point of contact in the agency to act as a liaison between the agency and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)). ``(2) Each point of contact described under paragraph (1) shall be established not later than 1 year after the date of enactment of the Small Business Paperwork Relief Act of 2002.''. (c) Additional Reduction of Paperwork for Certain Small Businesses.--Section 3506(c) of title 44, United States Code, is amended-- (1) in paragraph (2)(B), by striking ``; and'' and inserting a semicolon; (2) in paragraph (3)(J), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) in addition to the requirements of this chapter regarding the reduction of information collection burdens for small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), make efforts to further reduce the information collection burden for small business concerns with fewer than 25 employees.''. SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION AND DISSEMINATION. (a) In General.--Chapter 35 of title 44, United States Code, is amended-- (1) by redesignating section 3520 as section 3521; and (2) by inserting after section 3519 the following: ``Sec. 3520. Establishment of task force on information collection and dissemination ``(a) There is established a task force to study the feasibility of streamlining requirements with respect to small business concerns regarding collection of information and strengthening dissemination of information (in this section referred to as the `task force'). ``(b)(1) The Director shall determine-- ``(A) subject to the minimum requirements under paragraph (2), the number of representatives to be designated under each subparagraph of that paragraph; and ``(B) the agencies to be represented under paragraph (2)(K). ``(2) After all determinations are made under paragraph (1), the members of the task force shall be designated by the head of each applicable department or agency, and include-- ``(A) 1 representative of the Director, who shall convene and chair the task force; ``(B) not less than 2 representatives of the Department of Labor, including 1 representative of the Bureau of Labor Statistics and 1 representative of the Occupational Safety and Health Administration; ``(C) not less than 1 representative of the Environmental Protection Agency; ``(D) not less than 1 representative of the Department of Transportation; ``(E) not less than 1 representative of the Office of Advocacy of the Small Business Administration; ``(F) not less than 1 representative of the Internal Revenue Service; ``(G) not less than 2 representatives of the Department of Health and Human Services, including 1 representative of the Centers for Medicare and Medicaid Services; ``(H) not less than 1 representative of the Department of Agriculture; ``(I) not less than 1 representative of the Department of the Interior; ``(J) not less than 1 representative of the General Services Administration; and ``(K) not less than 1 representative of each of 2 agencies not represented by representatives described under subparagraphs (A) through (J). ``(c) The task force shall-- ``(1) identify ways to integrate the collection of information across Federal agencies and programs and examine the feasibility and desirability of requiring each agency to consolidate requirements regarding collections of information with respect to small business concerns within and across agencies, without negatively impacting the effectiveness of underlying laws and regulations regarding such collections of information, in order that each small business concern may submit all information required by the agency-- ``(A) to 1 point of contact in the agency; ``(B) in a single format, such as a single electronic reporting system, with respect to the agency; and ``(C) with synchronized reporting for information submissions having the same frequency, such as synchronized quarterly, semiannual, and annual reporting dates; ``(2) examine the feasibility and benefits to small businesses of publishing a list by the Director of the collections of information applicable to small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), organized-- ``(A) by North American Industry Classification System code; ``(B) by industrial sector description; or ``(C) in another manner by which small business concerns can more easily identify requirements with which those small business concerns are expected to comply; ``(3) examine the savings, including cost savings, and develop recommendations for implementing-- ``(A) systems for electronic submissions of information to the Federal Government; and ``(B) interactive reporting systems, including components that provide immediate feedback to assure that data being submitted-- ``(i) meet requirements of format; and ``(ii) are within the range of acceptable options for each data field; ``(4) make recommendations to improve the electronic dissemination of information collected under Federal requirements; ``(5) recommend a plan for the development of an interactive Governmentwide system, available through the Internet, to allow each small business to-- ``(A) better understand which Federal requirements regarding collection of information (and, when possible, which other Federal regulatory requirements) apply to that particular business; and ``(B) more easily comply with those Federal requirements; and ``(6) in carrying out this section, consider opportunities for the coordination-- ``(A) of Federal and State reporting requirements; and ``(B) among the points of contact described under section 3506(i), such as to enable agencies to provide small business concerns with contacts for information collection requirements for other agencies. ``(d) The task force shall-- ``(1) by publication in the Federal Register, provide notice and an opportunity for public comment on each report in draft form; and ``(2) make provision in each report for the inclusion of-- ``(A) any additional or dissenting views of task force members; and ``(B) a summary of significant public comments. ``(e) Not later than 1 year after the date of enactment of the Small Business Paperwork Relief Act of 2002, the task force shall submit a report of its findings under subsection (c) (1), (2), and (3) to-- ``(1) the Director; ``(2) the chairpersons and ranking minority members of-- ``(A) the Committee on Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and ``(B) the Committee on Government Reform and the Committee on Small Business of the House of Representatives; and ``(3) the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under section 30(b) of the Small Business Act (15 U.S.C. 657(b)). ``(f) Not later than 2 years after the date of enactment of the Small Business Paperwork Relief Act of 2002, the task force shall submit a report of its findings under subsection (c) (4) and (5) to-- ``(1) the Director; ``(2) the chairpersons and ranking minority members of-- ``(A) the Committee on Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and ``(B) the Committee on Government Reform and the Committee on Small Business of the House of Representatives; and ``(3) the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under section 30(b) of the Small Business Act (15 U.S.C. 657(b)). ``(g) The task force shall terminate after completion of its work. ``(h) In this section, the term `small business concern' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3520 and inserting the following: ``3520. Establishment of task force on information collection and dissemination. ``3521. Authorization of appropriations.''. SEC. 4. REGULATORY ENFORCEMENT REPORTS. (a) Definition.--In this section, the term ``agency'' has the meaning given that term under section 551 of title 5, United States Code. (b) In General.-- (1) Initial report.--Not later than December 31, 2003, each agency shall submit an initial report to-- (A) the chairpersons and ranking minority members of-- (i) the Committee on Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Government Reform and the Committee on Small Business of the House of Representatives; and (B) the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under section 30(b) of the Small Business Act (15 U.S.C. 657(b)). (2) Final report.--Not later than December 31, 2004, each agency shall submit a final report to the members and officer described under paragraph (1) (A) and (B). (3) Content.--The initial report under paragraph (1) shall include information with respect to the 1-year period beginning on October 1, 2002, and the final report under paragraph (2) shall include information with respect to the 1-year period beginning on October 1, 2003, on each of the following: (A) The number of enforcement actions in which a civil penalty is assessed. (B) The number of enforcement actions in which a civil penalty is assessed against a small entity. (C) The number of enforcement actions described under subparagraphs (A) and (B) in which the civil penalty is reduced or waived. (D) The total monetary amount of the reductions or waivers referred to under subparagraph (C). (4) Definitions in reports.--Each report under this subsection shall include definitions selected at the discretion of the reporting agency of the terms ``enforcement actions'', ``reduction or waiver'', and ``small entity'' as used in the report. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Small Business Paperwork Relief Act of 2002 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget, annually, to publish in the Federal Register and make available on the Internet a list of the regulatory compliance assistance resources available to small businesses. Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses.Requires each agency to make efforts to further reduce the information collection burden for small businesses with fewer than 25 employees.Establishes a task force to: (1) identify ways to integrate the collection of information across Federal agencies and programs; (2) examine the feasibility and benefits of publishing a list of the collections of information applicable to small businesses; (3) recommend a plan for the development of an interactive Government-wide system regarding the collection of information as it applies to small business; and (4) report on its findings and recommendations to the Director, specified congressional committees, and the Small Business and Agriculture Regulatory Enforcement Ombudsman.Requires each agency with Federal regulatory authority to submit an initial and final report to the Ombudsman and specified congressional committees on: (1) the number of enforcement actions in which a civil penalty is assessed; (2) the number of such actions against a small entity; (3) the number of actions in which the penalty is reduced or waived; and (4) the total monetary amount of the reductions or waivers.

A bill to amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small business concerns with certain Federal paperwork requirements, to establish a task force to examine information collection and dissemination, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Sludge in Food Production Consumer Notification Act''. SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j)(1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied. ``(2) In this paragraph, the term `sewage sludge' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations).''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4 of the Egg Products Inspection Act (21 U.S.C. 1033) is amended-- (1) in paragraph (a)-- (A) by striking ``or'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; or''; and (C) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following new subsection: ``(aa) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended-- (1) in paragraph (m)-- (A) by striking ``or'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ``; or''; and (C) by adding at the end the following: ``(10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following new paragraph: ``(x) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is amended-- (1) in paragraph (g)-- (A) by striking ``or'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following new paragraph: ``(cc) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (e) Relation to National Organic Program.-- (1) In general.--Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture. (2) Definition.--In this subsection, the term ``sewage sludge'' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations), except that such term includes ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

Sewage Sludge in Food Production Consumer Notification Act - Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to deem as adulterated food that is: (1) produced on land on which sewage sludge was applied; (2) derived from poultry that were raised, or that consumed animal feed produced, on such land; and (3) derived from livestock that grazed, or consumed animal feed produced, on such land. Permits exceptions if: (1) the application of sewage sludge ended more than one year before producing food, raising poultry, producing animal feed, or grazing livestock; (2) the food labeling includes notice that the product was produced on such land; or (3) a sign providing such notice is posted in close proximity to the product for those foods generally offered for sale without labeling. States that nothing in this Act shall be construed to modify the prohibition on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture (USDA).

To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Capital Gains Tax Simplification Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 3. REDUCTION AND SIMPLIFICATION OF CAPITAL GAINS TAX. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. CAPITAL GAINS DEDUCTION. ``If for any taxable year a taxpayer other than a corporation has a net capital gain, 40 percent of such gain shall be a deduction from gross income.'' (b) Deduction Allowable Whether or Not Taxpayer Itemizes Other Deductions.-- (1) Subsection (b) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (2) Subsection (d) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (c) Repeal of Tax Preference for Exclusion on Small Business Stock.-- (1) Subsection (a) of section 57 is amended by striking paragraph (7). (2) Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Technical and Conforming Changes.-- (1) Section 1 is amended by striking subsection (h). (2) Subsection (b) of section 55 is amended by striking paragraph (3). (3) Subparagraph (E) of section 163(d)(4) is amended to read as follows: ``(E) Coordination with capital gains deduction.-- The net capital gain taken into account under section 1203 for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under subparagraph (B)(iii) for such year.'' (4) Paragraph (1) of section 170(e) is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``60 percent (100 percent in the case of a corporation) of the amount of gain''. (5) Subparagraph (B) of section 172(d)(2) is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1203 (whichever is appropriate) shall be taken into account.'' (7)(A) Section 641(d)(2)(A) is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (B) Section 641(d)(2)(C) is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.'' (8) Paragraph (4) of section 642(c) is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any exclusion allowable under section 1202 and any deduction allowable under section 1203 to the estate or trust. In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (9) Section 642 is amended by adding at the end the following new subsection: ``(j) Capital Gains Deduction.--The deduction under section 1203 to an estate or trust shall be computed by excluding the portion (if any) of the gains for the taxable year which is includible by the income beneficiaries under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts) as gain derived from the sale or exchange of capital assets.'' (10) The last sentence of section 643(a)(3) is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (11) Subparagraph (C) of section 643(a)(6) is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to capital gains deduction) shall not be taken into account''. (12) Paragraph (4) of section 691(c) is amended by striking ``1(h),'' and by inserting ``1203,'' after ``1202,''. (13) The second sentence of paragraph (2) of section 871(a) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (14)(A) Paragraph (2) of section 904(b) is amended by striking subparagraphs (A) and (C), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following new subparagraph: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Subparagraph (A) of section 904(b)(2), as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) by striking in clause (i) ``in lieu of applying subparagraph (A),''. (C) Paragraph (3) of section 904(b) is amended by striking subparagraphs (D) and (E) and inserting the following new subparagraph: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).'' (15) Paragraph (1) of section 1402(i) is amended by inserting ``, and the deduction provided by section 1203 shall not apply'' before the period at the end thereof. (16) Paragraph (1) of section 1445(e) is amended by striking ``20 percent'' and inserting ``23.7 percent''. (17)(A) The second sentence of section 7518(g)(6)(A) is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent'' and inserting ``23.7 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent'' and inserting ``23.7 percent''. (e) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1203. Capital gains deduction.'' (f) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Withholding.--The amendments made by subsection (d)(16) shall apply only to amounts paid after December 31, 1998. (3) Repeal of election.--Section 311 of the Taxpayer Relief Act of 1997 is amended by striking subsection (e). (4) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1203 of the Internal Revenue Code of 1986 (as added by this section).

Capital Gains Tax Simplification Act of 1998 - Amends the Internal Revenue Code to provide that, if for any taxable year a non-corporate taxpayer has a net capital gain, 40 percent of such gain shall be a deduction from gross income regardless of whether or not the taxpayer itemizes other deductions. Repeals the tax preference for exclusion for gains on the sale of certain small business stock. Amends the Taxpayer Relief Act of 1997, with respect to maximum capital gains rates for individuals, to repeal the allowance of an election to recognize gain on assets held on January 1, 2001.

Capital Gains Tax Simplification Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Professional Association Free Flow of Information Act of 1997''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``trade and professional associations'' means those organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from tax under section 501(a) of such Code; and (2) the term ``State'' includes the District of Columbia and any commonwealth, territory, or possession of the United States. SEC. 3. QUALIFIED IMMUNITY FROM CIVIL LIABILITY. Acts done for the purpose of transmitting information between and among trade and professional associations and their members regarding product defects, quality, or performance shall be immune from liability in any civil action, except to the extent such acts are proven by clear and convincing evidence to involve factual statements that are fraudulent, knowingly false, or made with a reckless indifference to their truth or falsity. SEC. 4. SPECIAL MOTION TO STRIKE. A trade or professional association may file a special motion to strike any claim in any judicial proceeding on the ground that the claim is based on or relates to an act that is immune from liability under section 3. A party filing such a motion shall have the right to remove the case to Federal court pursuant to section 1331 of title 28, United States Code. SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE. On the filing of any motion under section 4-- (1) the motion shall be treated as one for summary judgment under Rule 56 of the Federal Rules of Civil Procedure or its equivalent under the procedures of applicable State law; (2) the trial court shall hear the motion within a time period appropriate for preferred or expedited motions; (3) the moving party shall have a right to an interlocutory, expedited appeal from a trial court order denying such a motion or from a trial court's failure to rule on such a motion in expedited fashion; (4) discovery shall be suspended, pending decision on the motion and appeal; (5) the responding party shall have the burden of proof of going forward with the evidence and the burden of persuasion on the motion; (6) the court shall make its determination based upon the facts contained in the pleadings and affidavits filed; (7) the court shall grant the motion and dismiss the claim, unless the responding party proves, by clear and convincing evidence, that the acts of the moving party are not immunized from liability under section 3; and (8) the court shall award to a prevailing moving party its costs of litigation, including reasonable attorney and expert witness fees, incurred in connection with the motion. SEC. 6. QUALIFIED IMMUNITY FROM THIRD-PARTY DISCOVERY. Trade and professional associations shall not be required to comply with subpoenas served by a party to a civil action regarding product defects, quality, or performance, to which the association is not a party, unless the party serving the subpoena has established by clear and convincing evidence that-- (1) the materials or information sought by the subpoena are directly relevant to the civil action; and (2) the party serving the subpoena has a compelling need for the materials or information because they are not otherwise available. SEC. 7. SPECIAL MOTION TO QUASH. A trade or professional association may file a special motion to quash a subpoena in order to enforce the provisions of section 6. A party filing such a motion shall have the right to remove the case to Federal court pursuant to section 1331 of title 28, United States Code. SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH. On the filing of any motion under section 7-- (1) the trial court shall hear the motion within a time period appropriate for preferred or expedited motions; (2) the moving party shall have a right to an interlocutory, expedited appeal from a trial court order denying such a motion or from the trial court's failure to rule on such a motion in expedited fashion; (3) compliance with the subpoena shall be suspended, pending decision on the motion and appeal; (4) the responding party shall have the burden of proof of going forward with the evidence and the burden of persuasion on the motion; (5) the court shall make its determination based upon the facts contained in the pleadings and affidavits filed; (6) the court shall grant the motion and quash the subpoena, unless the responding party proves, by clear and convincing evidence, that the materials and information of the moving party are not immunized from third-party discovery under section 6; and (7) the court shall award to a prevailing moving party its costs of litigation, including reasonable attorney and expert witness fees, incurred in connection with the motion. SEC. 9. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE. A member of a trade or professional association shall not be required to disclose materials or information received from the association that-- (1) relate to actual or anticipated litigation involving product defects, quality, or performance, (2) are treated as confidential by the association and its member, and (3) are communicated by the association to the member with the reasonable expectation that the materials or information will be used in connection with actual or anticipated litigation and will be maintained in confidence, unless the party seeking the information has established to the court, by clear and convincing evidence, that the materials or information sought are directly relevant to the litigation, and that the party has a compelling need for the materials or information because they are not otherwise available. SEC. 10. PREEMPTION. This Act supersedes the laws of any State to the extent such State laws apply to matters to which this Act applies.

Trade and Professional Association Free Flow of Information Act of 1997 - Grants immunity from civil liability for acts done for the purpose of transmitting information among trade and professional associations and their members regarding product defects, quality, or performance, except to the extent such acts are proven by clear and convincing evidence to involve factual statements that are fraudulent, knowingly false, or made with reckless indifference to their truth or falsity. Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding on the ground that the claim is based on or relates to an act that is immune from liability under this Act. Grants a party filing such motion the right to remove the case to Federal court. Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified immunity of such associations from third-party discovery; (3) a special motion to quash a subpoena to enforce such immunity; (4) procedures with respect to a special motion to quash; (5) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving product defects, quality, or performance; and (6) preemption of State laws.

Trade and Professional Association Free Flow of Information Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burmese Freedom and Democracy Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. (2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue. (3) According to the State Department's ``Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma'' dated March 28, 2003, the SPDC has become ``more confrontational'' in its exchanges with the NLD. (4) On May 30, 2003, the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. (5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child- soldiers for the use in fighting indigenous ethnic groups. (6) The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. (7) The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. (8) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government- sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. (9) The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system. (10) Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. (11) On April 15, 2003, the American Apparel and Footwear Association expressed its ``strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma'' and called upon the United States Government to ``impose an outright ban on U.S. imports'' of these items until Burma demonstrates respect for basic human and labor rights of its citizens. (12) The policy of the United States, as articulated by the President on April 24, 2003, is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election. SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA. (a) General Ban.-- (1) In general.--Notwithstanding any other provision of law and except as provided in section 9, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), no article may be imported into the United States that is produced, mined, manufactured, grown, or assembled in Burma. (2) Ban on imports from certain companies.--The import restrictions contained in paragraph (1) shall apply to, among other entities-- (A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; (B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; (C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; (D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; (E) the Union Solidarity and Development Association (USDA); and (F) any successor entity for the SPDC, UMEHI, MEC, or USDA. (3) Conditions described.--The conditions described in this paragraph are the following: (A) The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. (B) The SPDC has made measurable and substantial progress toward implementing a democratic government including-- (i) releasing all political prisoners; (ii) allowing freedom of speech and the press; (iii) allowing freedom of association; (iv) permitting the peaceful exercise of religion; and (v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma's ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. (C) Pursuant to the terms of section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), Burma has not failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, and concrete and measurable actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises and to stop the manufacture and export of methamphetamines. (4) Appropriate congressional committees.--In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate and the Committee on International Relations, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (b) Waiver Authorities.-- (1) In general.--The President may waive the prohibitions described in this section for any or all products imported from Burma to the United States if the President determines and notifies the appropriate congressional committees that to do so is in the vital national security interest of the United States. (2) International obligations.--The President may waive any provision of this Act found to be in violation of any international obligations of the United States pursuant to any final ruling relating to Burma under the dispute settlement procedures of the World Trade Organization. SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES. Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury shall direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those assets to the Office of Foreign Assets Control. The Secretary of the Treasury may take such action as may be necessary to secure such assets or funds. SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met. SEC. 6. EXPANSION OF VISA BAN. (a) In General.-- (1) Visa ban.--The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. (2) Updates.--The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to ensure that an individual who is banned from obtaining a visa by the European Union for the reasons described in paragraph (1) is also banned from receiving a visa from the United States. (b) Publication.--The Secretary of State shall post on the Department of State's website the names of individuals whose entry into the United States is banned under subsection (a). SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION. (a) In General.--Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma's democratic movement including the National League for Democracy and Burma's ethnic groups. (b) United States Embassy.--The United States embassy in Rangoon shall take all steps necessary to provide access of information and United States policy decisions to media organs not under the control of the ruling military regime. SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. (a) In General.--The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming. (b) Reports.-- (1) First report.--Not later than 3 months after the date of enactment of this Act, the Secretary of State shall provide the appropriate congressional committees a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming. (2) Report on resources.--Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the appropriate congressional committees a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including-- (A) the formation of democratic institutions; (B) establishing the rule of law; (C) establishing freedom of the press; (D) providing for the successful reintegration of military officers and personnel into Burmese society; and (E) providing health, educational, and economic development. (3) Report on trade sanctions.--Not later than 90 days before the date that the import restrictions contained in section 3(a)(1) are to expire, the Secretary of State, in consultation with the United States Trade Representative and other appropriate agencies, shall submit to the appropriate congressional committees, a report on-- (A) conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities; (B) bilateral and multilateral measures undertaken by the United States Government and other governments to promote human rights and democracy in Burma; and (C) the impact and effectiveness of the provisions of this Act in furthering the policy objectives of the United States toward Burma. SEC. 9. DURATION OF SANCTIONS. (a) Termination by Request From Democratic Burma.--The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met. (b) Continuation of Import Sanctions.-- (1) Expiration.--The import restrictions contained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act unless renewed under paragraph (2) of this section. (2) Resolution by congress.--The import restrictions contained in section 3(a)(1) may be renewed annually for a 1- year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c). (c) Renewal Resolutions.-- (1) In general.--For purposes of this section, the term ``renewal resolution'' means a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ``That Congress approves the renewal of the import restrictions contained in section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003.'' (2) Procedures.-- (A) In general.--A renewal resolution-- (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration.--The provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974. Passed the Senate June 11, 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 1215 _______________________________________________________________________ AN ACT To sanction the ruling Burmese military junta, to strengthen Burma's democratic forces and support and recognize the National League of Democracy as the legitimate representative of the Burmese people, and for other purposes.

Burmese Freedom and Democracy Act of 2003 - (Sec. 3) Prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has met certain conditions, including that: (1) the State Peace and Development Council (SPDC) has made substantial progress to end violations of internationally recognized human rights including rape, and the Secretary of State reports to the appropriate congressional committees that the SPDC no longer violates workers' rights, including the use of forced and child labor, and conscription of child-soldiers; (2) the SPDC has made substantial progress toward implementing a democratic government, including releasing all political prisoners, allowing freedom of speech, the press, and association, permitting the peaceful exercise of religion, and concluding an agreement with the democratic forces led by the National League for Democracy (NLD) and Burma's ethnic nationalities on the transfer of power to a civilian government through democratic elections under the rule of law; and (3) Burma has not failed to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including the arrest and extradition of all individuals under U.S. indictment for narcotics trafficking, and concrete actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises and to stop the manufacture and export of methamphetamines. Authorizes the President to waive such requirements if: (1) it is in the vital national security interest of the United States; and (2) they are found to be in violation of any international obligations of the United States pursuant to any final ruling relating to Burma under the dispute settlement procedures of the World Trade Organization. (Sec. 4) Directs the Secretary of the Treasury to direct any U.S. financial institution holding funds of the SPDC or the assets of individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, to report those assets to the Office of Foreign Assets Control and take such action as may be necessary to secure them. (Sec. 5) Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose any extension by such institution of a loan or financial or technical assistance to Burma until the requirements of this Act are met. (Sec. 6) Authorizes the President to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. Requires the Secretary of State to coordinate on a biannual basis with European Union (EU) representatives to ensure that an individual banned from obtaining a visa by the EU for the reasons contained in this Act is also banned from receiving a visa from the United States. (Sec. 7) Urges the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma's democratic movement, including the National League for Democracy and Burma's ethnic groups. Directs the U.S. embassy in Rangoon to take all steps necessary to provide access of information and U.S. policy decisions to media organs not under the control of the ruling military regime. (Sec. 8) Authorizes the President to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma. Directs the Secretary of State to report to the appropriate congressional committees on: (1) its short-and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming; (2) resources that will be necessary for the reconstruction of Burma after the SPDC is removed from power; and (3) the effectiveness of the import restrictions in promoting human rights and democracy in Burma. (Sec. 9) Authorizes the President to terminate the import restrictions in this Act upon the request of a democratically elected government in Burma, provided all the conditions contained in this Act have been met. States that the import restrictions of this Act shall expire one year after enactment of this Act, unless renewed by Congress with a joint resolution meeting certain requirements. Allows annual renewals of such restrictions by enactment of a similar joint resolution.

A bill to sanction the ruling Burmese military junta, to strengthen Burma's democratic forces and support and recognize the National League of Democracy as the legitimate representative of the Burmese people, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia House Voting Rights Act of 2009''. SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives in the One Hundred Twelfth Congress and each succeeding Congress. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 2(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Twelfth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Special Rules for Period Prior to 2012 Reapportionment.-- (1) Transmittal of revised statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), revised to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. (3) Requirements for election of additional member.--During the One Hundred Twelfth Congress-- (A) notwithstanding the final undesignated paragraph of the Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) is entitled shall be elected from the State at large; and (B) the other Representatives to which such State is entitled shall be elected on the basis of the Congressional districts in effect in the State for the One Hundred Eleventh Congress. SEC. 4. NONSEVERABILITY OF PROVISIONS. If any provision of this Act, or any amendment made by this Act, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law. SEC. 5. EXPEDITED JUDICIAL REVIEW. If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3- judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

District of Columbia House Voting Rights Act of 2009 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives in the 112th Congress and each succeeding Congress. Applies to the District in the same manner as it applies to a state the federal law providing for the 15th and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the 23rd amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members. Provides for a reapportionment of Members resulting from such increase. Directs the Clerk of the House to: (1) certify to the Governor of each state the number of Representatives to which the state is entitled; and (2) identify to the Speaker of the House the state (other than the District of Columbia) entitled to one additional Representative. Requires election at large of such additional Representative. Sets forth procedures for expedited judicial review of any action brought to challenge the constitutionality of any provision of this Act or any amendment made by it.

To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in After-School Programs Act of 2009''. SEC. 2. FINDING. Congress finds that-- (1) 21 percent of the children in the United States attend public schools in rural areas; (2) more than 14,000,000 school-age children (25 percent of all school-age children) are left alone after school, including more than 40,000 kindergartners; (3) only 6,500,000 (11 percent) of children in kindergarten through twelfth grade participate in after-school programs, although an additional 15,000,000 would participate if a quality program were available in the communities of the children; (4) in rural areas of the United States, 2,500,000 children live in deep and persistent poverty; (5) among children living in rural areas, 19 percent live in poverty, compared to 15 percent among non-rural children; (6) rural schools have fewer financial resources that non- rural schools, largely as a result of diminished local property tax bases and inequitable distributions of State funds; (7) low literacy rates among parents in poor rural communities affect the early language development and educational aspirations of children; (8) children living in poverty experience less cognitive stimulation and enrichment than children living in middle- income households; (9) the poorer and more diverse the rural population, the lower the scores of the students of the population are on the National Assessment of Educational Progress; (10) academic outcomes that are linked to after-school programs include-- (A) better performance in school as measured by achievement test scores and grades; (B) better attitudes toward school and higher educational aspirations; (C) higher school attendance; and (D) less disciplinary action; (11) investing in after-school programs helps children in rural communities break out of the cycle of poverty and creates opportunities for at-risk youth; (12) in areas in which resources are limited, after-school programs are often the only source of supplemental enrichment in literacy, nutrition education, technology, and preparation for college entrance exams; (13) children attending rural schools have the lowest median per-student funding for after-school programs under the 21st century community learning center program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as compared to children attending urban and suburban schools; (14) after-school program providers in rural communities face unique barriers that include-- (A) higher transportation costs; (B) fewer economies of scale, because of the smaller population base, which results in less funding per child; and (C) fewer trained staff and community-based organizations with whom to partner; (15) in the 30 years before the date of enactment of this Act-- (A) the percentage of children in the United States who are overweight has more than doubled; and (B) the number of teenagers who are overweight has nearly tripled; (16) rural, low-income children represent the highest obesity group among all children in the United States; and (17) after-school programs provide-- (A) much-needed opportunities to promote and support healthy lifestyles in youth in addition to constructive learning environments; and (B) effective venues for improving nutrition, nutrition education, and physical activity. SEC. 3. AFTER-SCHOOL PROGRAMS. Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following: ``SEC. 366. AFTER-SCHOOL PROGRAMS. ``(a) Purpose.--The purpose of this section is to enhance after- school programs in rural areas by helping communities-- ``(1) to establish after-school programs; and ``(2) to improve existing programs by overcoming barriers to service. ``(b) Definitions.--In this section: ``(1) After-school program.--The term `after-school program' means a program that carries out a broad array of activities during periods when school is not in session (such as before school, after school, or during summer recess and other vacation periods) that advance student academic achievement and promote positive youth development. ``(2) Eligible entity.--The term `eligible entity' means a local educational agency (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), educational service agency, community-based organization, another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. ``(3) Rural area.--The term `rural area' means an area that is served by an elementary or secondary school that is designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary of Education. ``(c) Grants.-- ``(1) In general.--The Secretary shall make grants to eligible entities to improve, expand, or establish after-school programs in rural areas. ``(2) Requirement.--Each grant under this section shall be in an amount of not less than $25,000. ``(d) Duration.-- ``(1) Term of grant.--The term of a grant under this section may not be for less than 3 years. ``(2) Renewal.--The Secretary may renew a grant under this section for a period of not less than 3 years, based on the performance of the eligible entity during the previous grant term. ``(e) Uses.--As a condition of the receipt of a grant under this section, an eligible entity shall use the grant to fund projects and activities described in subsection (c), including transportation, professional development, training, recruitment and retention of staff, increasing access to technology, and planning. ``(f) Evaluation.--The Secretary may use not more than 1 percent of the funds under this section-- ``(1) to conduct evaluations of the effectiveness of programs and activities assisted under subsection (c); and ``(2) to disseminate the results of those evaluations for the purpose of refining, improving, and strengthening programs. ``(g) Outreach, Training, and Technical Assistance.--The Secretary may use not more than 3 percent of the funds made available to carry out this section-- ``(1) to conduct outreach, including bidders' conferences, to ensure widespread knowledge of the availability of resources described in subsection (c); ``(2) to disseminate information on best practices and successful program models for serving children and youth in rural areas; and ``(3) to provide capacity building, training, and technical assistance to after-school programs and providers in rural areas. ``(h) Application.-- ``(1) In general.--To be considered for a grant under this section, each eligible entity shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Contents.--An application submitted pursuant to paragraph (1) shall include-- ``(A) a description of the after-school program to be funded, including-- ``(i) an assurance that the program will take place in a safe and easily accessible facility; ``(ii) a description of how children and youth participating in the program will travel safely between the program site and home; ``(iii) a description of how the eligible entity will disseminate information about the program, including the location of the program, to the community in a manner that is understandable and accessible; ``(iv)(I) a description of the services to be provided to children and youth, which may include a broad array of activities, such as-- ``(aa) academic enrichment and youth development activities; ``(bb) drug and violence prevention programs; ``(cc) counseling programs; ``(dd) art, music, physical fitness, and recreational programs; ``(ee) technology education programs; ``(ff) character education programs; and ``(gg) service-learning programs; ``(II) the roles and responsibilities of the partners in providing the services; and ``(III) how the services enhance an existing after-school program; and ``(v) an assurance that the program will provide a nutritious snack or meal that meets nutrition standards established by the Secretary; ``(B) an assurance that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend; ``(C) an assurance that funds provided under this section will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this section, be made available for programs and activities authorized under this section, and in no case supplant Federal, State, local, or non-Federal funds; ``(D) a description of the partnership between a local educational agency, a community-based organization, or another public entity or private entity, if applicable; and ``(E) such additional assurances as the Secretary determines to be necessary to ensure compliance with this section. ``(i) Priority.--The Secretary shall give priority to applications that-- ``(1) propose partnerships between 2 or more eligible entities; or ``(2) propose that a majority of the students participating in the after-school program are eligible for free or reduced price school meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $25,000,000 for fiscal year 2010; ``(2) $50,000,000 for fiscal year 2011; and ``(3) such sums as are necessary for each of fiscal years 2012 through 2014.''.

Investment in After-School Programs Act of 2009 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to award grants to local educational agencies, educational service agencies, community-based organizations, or other entities to improve, expand, or establish rural after-school programs that provide students with a broad array of activities when school is not in session that improve their academic performance and promote their positive development. Requires eligible programs to be implemented in active collaboration with the schools the students attend and take place in safe and easily accessible facilities. Gives priority to applicants that are partnerships between eligible entities or propose to serve students a majority of whom are eligible for free or reduced price meals under the school lunch and breakfast programs.

A bill to enhance after-school programs in rural areas of the United States by establishing a pilot program to help communities establish and improve rural after-school programs.

SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS. (a) Short Title.--This section may be cited as the ``Loan Forgiveness for Head Start Teachers Act of 2007''. (b) Head Start Teachers.--Section 428J of the Higher Education Act of 1965 (20 U.S.C 1078-10) is amended-- (1) in subsection (b), by striking paragraph (1) and inserting the following: ``(1)(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(ii) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(B)(i) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); and ``(ii) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (2) in subsection (g), by adding at the end the following: ``(4) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in clause (ii) of subsection (b)(1)(A) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2007.''; and (3) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2011 and succeeding fiscal years to carry out loan repayment under this section for service described in clause (ii) of subsection (b)(1)(A).''. (c) Direct Student Loan Forgiveness.-- (1) In general.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: ``(A)(i) has been employed-- ``(I) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(II) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(ii)(I) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); and ``(II) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (B) in subsection (g), by adding at the end the following: ``(4) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in subclause (II) of subsection (b)(l)(A)(i) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2007.''; and (C) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2011 and succeeding fiscal years to carry out loan repayment under this section for service described in subclause (II) of subsection (b)(1)(A)(i).''. (d) Conforming Amendments.-- (1) FFEL program.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (A) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (B) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)''; (C) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and (D) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''. (2) Direct loan program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (B) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; (C) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and (D) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''.

Loan Forgiveness for Head Start Teachers Act of 2007 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel loans made under the Federal Family Education Loan or the Direct Loan programs to individuals who have been employed as Head Start teachers for five consecutive complete program years, if they have demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning. Limits the benefits of this Act to individuals who earn a baccalaureate or graduate degree on or after the date of this Act's enactment.

To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to Head Start teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Ambulance Payment Reform Act of 2003''. SEC. 2. AMBULANCE PAYMENT RATES. (a) Payment Rates.-- (1) In general.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows: ``(3) Payment rates.-- ``(A) In general.--Subject to any adjustment under subparagraph (B) and paragraph (9) and the full payment of a national mileage rate pursuant to paragraph (2)(E), in establishing such fee schedule, the following rules shall apply: ``(i) Payment rates in 2003.-- ``(I) Ground ambulance services.-- In the case of ground ambulance services furnished under this part in 2003, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term `full cost ambulance supplier' means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier's total staff and which receives less than 20 percent of space and other capital assets free of charge. ``(II) Other ambulance services.-- In the case of ambulance services not described in subclause (I) that are furnished under this part in 2003, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). ``(ii) Payment rates in subsequent years for all ambulance services.--In the case of any ambulance service furnished under this part in 2004 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. ``(B) Adjustment in rural rates.--For years beginning with 2004, the Secretary, after taking into consideration the recommendations contained in the report submitted under section 221(b)(3) the Medicare, Medicaid, and SCHIP Benefits Improvements and Protection Act of 2000, shall adjust the fee schedule payment rates that would otherwise apply under this subsection for ambulance services provided in low density rural areas based on the increased cost (if any) of providing such services in such areas.''. (2) Conforming amendment.--Section 221(c) 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 repealed. (b) Use of Medical Conditions for Coding Ambulance Services.-- Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows: ``(7) Coding system.-- ``(A) In general.--The Secretary shall, in accordance with section 1173(c)(1)(B), establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. ``(B) Medical conditions.--The code set established under subparagraph (A) shall-- ``(i) take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1); and ``(ii) notwithstanding any other provision of law, be adopted as a standard code set under section 1173(c).''.

Medicare Ambulance Payment Reform Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payment for ambulance services to revise requirements for the establishment of a fee schedule.Directs the Secretary of Health and Human Services to establish a system for the coding of claims for ambulance services, including a code set specifying the medical condition of the individual transported by an ambulance and the appropriate level of transportation service.

A bill to amend the title XVIII of the Social Security Act to provide payment to medicare ambulance suppliers of the full costs of providing such services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients First Act of 2011''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; (2) promote research and human clinical trials using stem cells that are ethically obtained and show evidence of providing clinical benefit for human patients; and (3) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes and without the destruction or discarding of, or risk of injury to, a human embryo. SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY. (a) Authorization.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I the following: ``SEC. 409K. HUMAN STEM CELL RESEARCH AND THERAPY. ``(a) In General.--The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), prioritizing research with the greatest potential for near-term clinical benefit in human patients, provided that such isolation, derivation, production, testing, or use will not involve-- ``(1) the creation of a human embryo for research purposes; ``(2) the destruction of or discarding of, or risk of injury to, a living human embryo; or ``(3) the use of any stem cell, the derivation or provision of which would be inconsistent with the standards established in paragraph (1) or (2). ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director of NIH, shall issue final guidelines implementing subsection (a) to ensure that any research (including any clinical trial) supported under subsection (a)-- ``(1) is clearly consistent with the standards established in subsection (a) if conducted using human cells, as demonstrated by animal trials or other substantial evidence; and ``(2) is prioritized in terms of potential for near-term clinical benefit in human patients, as indicated by substantial evidence from basic research or by substantial clinical evidence which may include but is not limited to-- ``(A) evidence of improvement in one or more human patients suffering from illness or injury, as documented in reports by professional medical or scientific associations or in peer-reviewed medical or scientific literature; or ``(B) approval for use in human trials by the Food and Drug Administration. ``(c) Definitions.--In this section: ``(1) Human embryo.--The term `human embryo' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of the enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. ``(2) Risk of injury.--The term `risk of injury' means subjecting a human embryo to risk of injury or death greater than that allowed for research on fetuses in utero under section 46.204(b) of title 45, Code of Federal Regulations (or any successor regulation), or section 498(b) of this Act.''. (b) Priority Setting; Reports.--Section 492 of the Public Health Service Act (42 U.S.C. 289a) is amended by adding at the end the following: ``(d)(1) With respect to human stem cell research, the Secretary, acting through the Director of NIH, shall give priority to conducting or supporting research in accordance with section 409K. ``(2) At the end of fiscal year 2012 and each subsequent fiscal year, the Secretary shall submit to the Congress a report outlining the number of research proposals under section 409K that were peer reviewed, a summary and detailed list of all such research proposals that were not funded, and an explanation of why the proposals did not merit funding. The reports under this paragraph shall be in addition to the reporting on stem cell research included in the biennial report required by section 403.''. (c) Biennial Reports.--Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: ``(L) Stem cells.''.

Patients First Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients. Requires the Secretary to report on peer reviewed stem cell research proposals that were not funded.

To intensify stem cell research showing evidence of substantial clinical benefit to patients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Morris K. Udall Arctic Wilderness Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands, and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Refuge expressly ``for the purpose of preserving unique wildlife, wilderness and recreational values''. (4) Congress strengthened the protective management of the Eisenhower-designated area in 1980 with the enactment of the Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2371), section 303(2) of which established the Arctic National Wildlife Refuge, more than doubled the size of the wildlife refuge, and extended statutory wilderness protection to most of the original area. (5) Before the enactment of the Alaska National Interest Lands Conservation Act, the House of Representatives twice passed legislation that would have protected the entire Eisenhower-designated area as wilderness, including the Arctic coastal plain. (6) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (7) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine River caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (8) The extension of full wilderness protection for the Arctic coastal plain within the Arctic National Wildlife Refuge will still leave 95 percent of the North Slope of Alaska without such wilderness protection, so that development of energy resources in Alaska can continue to contribute significantly to meeting the energy needs of the United States without despoiling the unique Arctic coastal plain of the Arctic National Wildlife Refuge. (b) Statement of Policy.--Congress hereby declares that it is the policy of the United States-- (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; and (3) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA. (a) Inclusion of Arctic Coastal Plain.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic National Wildlife Refuge in the State of Alaska comprising approximately 1,559,538 acres, as generally depicted on a map entitled ``Arctic National Wildlife Refuge--1002 Area Alternative E--Wilderness Designation'', dated October 28, 1991, and available for inspection in the offices of the Secretary of the Interior, is hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. (b) Administration.--The area designated as wilderness under subsection (a) shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act as part of the wilderness area already in existence within the Arctic National Wildlife Refuge as of the date of the enactment of this Act.

Morris K. Udall Arctic Wilderness Act - Designates specified lands within the Arctic National Wildlife Refuge as wilderness and components of the National Wilderness Preservation System.

To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Discretionary Spending Reduction and Control Act of 1995''. SEC. 2. DISCRETIONARY SPENDING LIMITS. (a) Limits.--Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F), by redesignating subparagraph (E) as subparagraph (A) and by striking ``and'' at the end of that subparagraph, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) with respect to fiscal year 1996, for the discretionary category: $502,994,000,000 in new budget authority and $537,946,000,000 in outlays; ``(C) with respect to fiscal year 1997, for the discretionary category: $497,816,000,000 in new budget authority and $531,793,000,000 in outlays; ``(D) with respect to fiscal year 1998, for the discretionary category: $489,046,000,000 in new budget authority and $523,703,000,000 in outlays; ``(E) with respect to fiscal year 1999, for the discretionary category: $491,586,000,000 in new budget authority and $522,063,000,000 in outlays; and ``(F) with respect to fiscal year 2000, for the discretionary category: $492,282,000,000 in new budget authority and $521,690,000,000 in outlays;''. (b) Committee Allocations and Enforcement.--Section 602 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (c), by striking ``1995'' and inserting ``2000'' and by striking its last sentence; and (2) in subsection (d), by striking ``1992 to 1995'' in the side heading and inserting ``1995 to 2000'' and by striking ``1992 through 1995'' and inserting ``1995 through 2000''. (c) Five-Year Budget Resolutions.--Section 606 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (a), by striking ``1992, 1993, 1994, or 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, or 2000''; and (2) in subsection (d)(1), by striking ``1992, 1993, 1994, and 1995'' and inserting ``1995, 1996, 1997, 1998, 1999, and 2000'', and by striking ``(i) and (ii)''. (d) Effective Date.--Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1991 to 1998'' and inserting ``1995 to 2000''. (e) Sequestration Regarding Crime Trust Fund.--(1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (B), (C), and (D) and its last sentence and inserting the following: ``(B) For fiscal year 1996, $1,827,000,000. ``(C) For fiscal year 1997, $3,082,000,000. ``(D) For fiscal year 1998, $3,840,000,000. ``(E) For fiscal year 1999, $4,415,000,000. ``(F) For fiscal year 2000, $4,874,000,000. ``The appropriate levels of new budget authority are as follows: for fiscal year 1996, $3,357,000,000; for fiscal year 1997, $3,915,000,000; for fiscal year 1998, $4,306,000,000; for fiscal year 1999, $5,089,000,000; and for fiscal year 2000, $5,089,000,000.''. (2) The last two sentences of section 310002 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) are repealed. SEC. 3. GENERAL STATEMENT AND DEFINITIONS. (a) General Statement.--Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first sentence and inserting the following: ``This part provides for the enforcement of deficit reduction through discretionary spending limits and pay-as-you-go requirements for fiscal years 1995 through 2000.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking paragraph (4) and inserting the following: ``(4) The term `category' means all discretionary appropriations.''; (2) by striking paragraph (6) and inserting the following: ``(6) The term `budgetary resources' means new budget authority, unobligated balances, direct spending authority, and obligation limitations.''; (3) in paragraph (9), by striking ``1992'' and inserting ``1995''; (4) in paragraph (14), by striking ``1995'' and inserting ``2000''; and (5) by striking paragraph (17) and by redesignating paragraphs (18) through (21) as paragraphs (17) through (20), respectively. SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1991-1998'' and inserting ``1995-2000''; (2) in the first sentence of subsection (b)(1), by striking ``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, or 2000'' and by striking ``through 1998'' and inserting ``through 2000''; (3) in subsection (b)(1), by striking subparagraphs (B) and (C) and by striking ``the following:'' and all that follows through ``The adjustments'' and inserting ``the following: the adjustments''; (4) in subsection (b)(2), by striking ``1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998'' and inserting ``1995, 1996, 1997, 1998, 1999, or 2000'' and by striking ``through 1998'' and inserting ``through 2000''; (5) by striking subparagraphs (A), (B), and (C) of subsection (b)(2); (6) in subsection (b)(2)(E), by striking clauses (i), (ii), and (iii) and by striking ``(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal years 1995, 1996, 1997, 1998, 1999, and 2000''; and (7) in subsection (b)(2)(F), strike everything after ``the adjustment in outlays'' and insert ``for a category for a fiscal year shall not exceed 0.5 percent of the adjusted discretionary spending limit on outlays for that fiscal year in fiscal year 1996, 1997, 1998, 1999, or 2000.''. SEC. 5. ENFORCING PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1992-1998'' and inserting ``1995-2000''; (2) in subsection (d), by striking ``1998'' each place it appears and inserting ``2000''; and (3) in subsection (e), by striking ``1991 through 1998'' and inserting ``1995 through 2000'' and by striking ``through 1995'' and inserting ``through 2000''. SEC. 6. REPORTS AND ORDERS. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (d)(2), by striking ``1998'' and inserting ``2000''; and (2) in subsection (g), by striking ``1998'' each place it appears and inserting ``2000''. SEC. 7. TECHNICAL CORRECTION. Section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985, entitled ``Modification of Presidential Order'', is repealed. SEC. 8. EFFECTIVE DATE. (a) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``1995'' and inserting ``2000''. (b) Expiration.--Section 14002(c)(3) of the Omnibus Budget Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is repealed. SEC. 9. SPECIAL RULE ON INTERRELATIONSHIP BETWEEN CHANGES IN DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO REQUIREMENTS. (a)(1) Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(f) Special Rule on Interrelationship Between Sections 251 and 252.--(1) Whenever a reconciliation Act decreases the discretionary spending limits for outlays and provides that that decrease shall be used to offset all or part of an increase in direct spending or decrease in receipts (or both) in that Act and reduces the discretionary spending limits for budget authority by an amount equal to or greater than the amount that budget authority would be as calculated using the composite spendout rate, then the reduction in receipts or increase in outlays for direct spending (that is so offset) shall not be reflected in estimates under subsection (d). ``(2) As used in this subsection: ``(A) The term `composite spendout rate' means a computational relationship between outlays and new budget authority as follows: 60 percent for the first year, 22 percent for the second year, 12 percent for the third year, 4 percent for the fourth year, and 1 percent for the fifth year. ``(B) The term `reconciliation Act' refers to a reconciliation bill (as used in section 310 of the Congressional Budget Act of 1974) after it is enacted into law.''. (2) Section 310(a) of the Congressional Budget Act of 1974 is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5) and by striking ``and (3)'' in such redesignated paragraph (5) and inserting ``(3), and (4)'', and by inserting after paragraph (3) the following new paragraph: ``(4) carry out section 252(f) of the Balanced Budget and Emergency Deficit Control Act of 1985; or''. (b) To the extent that a deficit increase in any fiscal year through 2000 caused by changes in direct spending and receipts resulting from this Act, the Personal Responsibility Act of 1995, or the Contract With America Tax Relief Act of 1995 is offset by reductions in the limit on discretionary outlays as provided by section 2 over the 5 fiscal year period beginning with fiscal year 1996, such changes in direct spending and receipts shall not be reflected in estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985. For purposes of this subsection, reductions in the limit on discretionary outlays for fiscal years 1999 and 2000 shall be measured as reductions from the discretionary spending limit for outlays for fiscal year 1998 as in effect immediately before the enactment of this Act. (c) In the OMB final sequestration report for fiscal year 1996-- (1) all adjustments required by section 251(b)(2) made after the preview report for fiscal year 1996 shall be made to the discretionary spending limits set forth in 601(a)(2) of the Congressional Budget Act of 1974 as amended by section 2; and (2) all statutory changes in the discretionary spending limits made by the Personal Responsibility Act of 1995 or by the Act entitled ``An Act making emergency supplemental appropriations for additional disaster assistance and making rescissions for the fiscal year ending September 30, 1995, and for other purposes'' shall be made to those limits.

Discretionary Spending Reduction and Control Act of 1995 - Amends the Congressional Budget Act of 1974 to establish discretionary spending limits for FY 1996 through 2000. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through FY 2000. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits, pay-as-you- go requirements, and reporting requirements through FY 2000. Provides a special rule on the interrelationship between changes in discretionary spending limits and pay-as-you-go requirements for enforcement purposes. Prohibits certain changes in direct spending and receipts resulting from this Act, the Personal Responsibility Act of 1995, or the Contract with America Tax Relief Act of 1995 from being reflected in pay-as-you-go estimates. Revises the final sequestration report by the Office of Management and Budget for FY 1996.

Discretionary Spending Reduction and Control Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Tax Accountability Act of 2015''. SEC. 2. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) The term `seriously delinquent tax debt' means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court, except that such term does not include-- ``(A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(C) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(D) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code; ``(2) the term `employee' means an employee in or under an agency, including an individual described in sections 2104(b) and 2105(e); and ``(3) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), any individual who has a seriously delinquent tax debt shall be ineligible to be appointed or to continue serving as an employee. ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with such agency shall be required to submit (as part of the application for employment) certification that such individual does not have any seriously delinquent tax debt. ``(c) Regulations.--The Office of Personnel Management, in consultation with the Internal Revenue Service, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations which the Office considers necessary, except that such regulations shall provide for the following: ``(1) All applicable due process rights, afforded by chapter 75 and any other provision of law, shall apply with respect to a determination under this section that an applicant is ineligible to be appointed or that an employee is ineligible to continue serving. ``(2) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that such individual's debt is one described in subparagraph (A), (B), (C), or (D) of section 7381(a)(1). ``(3) An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis. ``(d) Reports to Congress.--The Director of the Office of Personnel Management shall report annually to Congress on the number of exemptions requested and the number of exemptions granted under subsection (c)(3). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of such agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of or an applicant for employment with such agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described under section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``(d) Negative Consideration.--The head of an agency, in considering an individual's application for employment or in making an employee appraisal or evaluation, shall give negative consideration to a refusal or failure to comply with a request under subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under the provisions of this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication whereby the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of such agency to examine or otherwise have access to any such information. ``Sec. 7385. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c) and paragraph (2) of this subsection, the head of an agency may take any personnel action against an employee of such agency if there is a final administrative or judicial determination that such employee committed any act described under subsection (b). ``(2) Personnel actions.--In paragraph (1), the term `personnel action' includes separation but does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts referred to under subsection (a)(1) are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. ``(c) Procedure.--Under regulations prescribed by the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under sections 7513 or 7543, as applicable.''. (b) Clerical Amendment.--The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality. ``7385. Adverse actions for employees who fail to file or underreport taxes.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 9 months after the date of enactment of this Act.

. Federal Employee Tax Accountability Act of 2015 (Sec. 2) Makes any individual who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee. Defines "seriously delinquent tax debt" as a  federal tax liability assessed by the Internal Revenue Service and collectible by levy or court proceeding, except a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a continuous levy has been issued or agreed to by an applicant for employment, or (4) with respect to which such a levy is released because it has been determined to be an economic hardship to the taxpayer. Requires each federal agency to: (1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt, (2) review public records to determine if a notice of lien has been filed against an employee or applicant, and (3) restrict access to and use of information obtained under this Act. Authorizes an agency, if a tax lien against a federal employee or applicant for federal employment is discovered in a public record, to: (1) request such employee or applicant to execute and submit a form authorizing the Department of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, has willfully failed to file a required tax return, or has understated tax liability, and (2) request that Treasury disclose information authorized to be disclosed. Authorizes the head of an agency to take personnel actions against an agency employee who willfully failed to file a required tax return or willfully understated federal tax liability. Requires the Office of Personnel Management to: (1) promulgate regulations to carry out this Act that provide federal employees and applicants for employment with all due process rights and that allow, in a situation involving financial hardship, an employee with a seriously delinquent tax debt to continue employment; and (2) report to Congress annually on the number of exemptions granted for financial hardship. Grants federal employees or applicants for federal employment 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act. (Sec. 3) Makes this Act effective nine months after its enactment date.

Federal Employee Tax Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Justice Improvement Act of 2013''. SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY COURT-MARTIAL ON CHARGES ON OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (a) Modification of Authority.-- (1) In general.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense, other than an offense specified in paragraph (2), that is triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for more than one year, the Secretary of Defense shall require the Secretaries of the military departments to provide for the determination under section 830(b) of such chapter (article 30(b) of the Uniform Code of Military Justice) on whether to try such charges by court-martial as provided in paragraph (3). (2) Excluded offenses.--Paragraph (1) does not apply to an offense as follows: (A) An offense under sections 883 through 891 of title 10, United States Code (articles 83 through 91 of the Uniform Code of Military Justice). (B) An offense under sections 893 through 917 of title 10, United States Code (articles 93 through 117 of the Uniform Code of Military Justice). (C) An offense under section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice). (3) Requirements and limitations.--The disposition of charges pursuant to paragraph (1) shall be subject to the following: (A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O-6 or higher who-- (i) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (ii) have significant experience in trials by general or special court-martial; and (iii) are outside the chain of command of the member subject to such charges. (B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (C) The determination to try such charges by court- martial under subparagraph (A), and by type of court- martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court- martial on such charges. (D) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (E) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (4) Construction with charges on other offenses.--Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less. (5) Policies and procedures of the military departments.-- (A) In general.--The Secretaries of the military departments shall revise policies and procedures as necessary to comply with this subsection. (B) Uniformity.--The General Counsel of the Department of Defense shall review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments does not render unconstitutional any policy or procedure, as so revised. (6) Manual for courts-martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to Congress a report on the revisions of policies and procedures necessary to comply with subsection (a). The report shall include such recommendations for modifications to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and the Manual for Courts-Martial as the Secretary of Defense considers appropriate for that purpose. (c) Effective Date and Applicability.--Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice), on or after such effective date. SEC. 3. MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED IN RULE ON INITIAL DISPOSITION OF OFFENSES. Not later than 180 days after the date of the enactment of this Act, Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the factors to be considered by the disposition authority in disposing of charges. SEC. 4. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL. (a) In General.--Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended-- (1) by striking paragraphs (5) through (8); (2) by inserting after paragraph (4) the following new paragraph (5): ``(5) the officers in the offices established pursuant to section 4(c) of the Military Justice Improvement Act of 2013 or officers in the rank of O-6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or''; and (3) by redesignating paragraph (9) as paragraph (6). (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(5) may not convene a court-martial under this section if the person is in the chain of command of the accused or the victim.''. (c) Offices of Chiefs of Staff on Courts-Martial.-- (1) Offices required.--Each Chief of Staff of the Armed Forces specified in paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended. (B) To detail under section 826 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), judges of courts-martial convened as described in subparagraph (A). (C) To detail under section 827 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense as may be detailed or assigned to the office by the Chief of Staff concerned. SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GENERAL AND SPECIAL COURTS- MARTIAL INTO SESSION. In the case of trial by general or special court-martial of charges on an offense determined under section 2(a)(1) to be tried by such court-martial under 47 of title 10, United States Code (the Uniform Code of Military Justice), the military judge shall call the court into session pursuant to section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), not later than 90 days after the date on which the authority determines to try such charges by court-martial. SEC. 6. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF CONVENING AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS AND SENTENCES OF COURTS-MARTIAL. (a) Inclusion of Written Justification for Certain Actions on Sentences.--Paragraph (2) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: ``In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial.''. (b) Prohibition on Dismissal of Finding or Change to Finding of Guilty of Lesser Included Offense.--Such section (such article) is further amended-- (1) in paragraph (3), by striking the second sentence; and (2) by adding at the end the following new paragraph: ``(4) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not-- ``(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or ``(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as so amended, on or after such effective date. SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES. (a) Immediate Action Required.--A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer. (b) Action Required.--The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the criminal investigation office with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. SEC. 8. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Section 576(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended-- (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) Monitor and assess the implementation and efficacy of the Military Justice Improvement Act of 2013, and the amendments made by that Act.''.

Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ), with respect to charges that allege an offense triable by court-martial (with certain exclusions) for which the maximum punishment includes confinement for more than one year, to direct the Secretary of Defense (DOD) to require the Secretaries of the military departments to provide for the determination of whether to try such charges by general or special court-martial to be made by a commissioned officer of grade O-6 or higher with significant experience in such trials and who is outside the chain of command of the accused. Provides that a determination not to proceed to trial shall not preclude a commanding officer from either referring such charges for trial by summary court-martial or imposing non-judicial punishment. Requires Rule 306 (relating to policy on initial disposition of offenses) of the Manual for Courts-Martial to be amended to strike the character and military service of the accused from factors to be considered by the disposition authority. Revises the list of officers authorized to convene general and special courts-martial to include those in grade O-6 or higher assigned such responsibility by their department chief of staff (with the same prohibition against an officer in the same chain of command as the accused). Requires each chief of staff to establish an office which shall convene general and special courts-martial and detail judges and members. Requires a military judge to call a general or special court-martial trial into session within 90 days of the determination of its necessity. Requires a convening authority (the official acting on the sentence of a court-martial), when taking any action other than approving a sentence, to prepare a written justification of such action which shall be made part of the record of the court-martial. Prohibits a convening authority from: (1) dismissing or setting aside a finding of guilty, or (2) reducing a finding of guilty to a finding of guilty to a lesser included offense. Requires a commanding officer who receives a report of a sexual-related offense involving a member in such officer's chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative office or service. Amends the National Defense Authorization Act for Fiscal Year 2013 to require an independent panel established by the DOD Secretary to monitor and assess the implementation and efficacy of this Act and its amendments.

Military Justice Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (a) In General.--If any regular appropriation bill for fiscal year 1998 does not become law prior to the beginning of fiscal year 1998 or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in fiscal year 1997. (b) Level of Funding.--Appropriations and funds made available, and authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be at 98 per cent of the rate of operations that was provided for the program, project, or activity in fiscal year 1997 in the corresponding regular appropriation Act for fiscal year 1997. (c) Period of Availability.--Appropriations and funds made available, and authority granted, for fiscal year 1998 pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for fiscal year 1998 becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of fiscal year 1998. SEC. 3. TERMS AND CONDITIONS. (a) In General.--An appropriation of funds made available, or authority granted, for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1997, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1997 or authority granted for the program, project, or activity under current law. (b) Extent and Manner.--Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. SEC. 4. COVERAGE. Appropriations and funds made available, and authority granted, for any program, project, or activity for fiscal year 1998 pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of fiscal year 1998 for which this Act applies to that program, project, or activity. SEC. 5. EXPENDITURES. Expenditures made for a program, project, or activity for fiscal year 1998 pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of fiscal year 1998 providing for that program, project, or activity for that period becomes law. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1997. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations in the absence of regular appropriations for FY 1998.

Government Shutdown Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lechuguilla Cave Protection Act of 1993''. SEC. 2. FINDING. Congress finds that Lechuguilla Cave and adjacent public lands have internationally significant scientific, environmental, and other values, and should be retained in public ownership and protected against adverse effects of mineral exploration and development and other activities presenting threats to the areas. SEC. 3. LAND WITHDRAWAL. (a) Withdrawal.--Subject to valid existing rights, all Federal lands within the boundaries of the cave protection area described in subsection (b) are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and all amendments thereto. (b) Land Description.--The cave protection area referred to in subsection (a) shall consist of approximately 6,280 acres of lands in New Mexico as generally depicted on the map entitled ``Lechuguilla Cave Protection Area'' numbered 130/80,055 and dated April 1993. (c) Publication, Filing, Correction, and Inspection.--(1) As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (hereinafter referred to as the ``Secretary'') shall publish in the Federal Register the legal description of the lands withdrawn under subsection (a) and shall file such legal description and a detailed map with 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. (2) Such map and legal description shall have the same force and effect as if included in this Act except that the Secretary may correct clerical and typographical errors. (3) Copies of such map and legal description shall be available for inspection in the appropriate offices of the Bureau of Land Management. SEC. 4. MANAGEMENT OF EXISTING LEASES. (a) Suspension.--The Secretary shall not permit any new drilling on or involving any Federal mineral or geothermal lease within the cave protection area referred to in section 3(a) until the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement, or for 12 months after the date of enactment of this Act, whichever occurs first. (b) Authority To Cancel Existing Mineral or Geothermal Leases.--Upon the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement and in order to protect Lechuguilla Cave or other cave resources, the Secretary is authorized to-- (1) cancel any Federal mineral or geothermal lease in the cave protection area referred to in section 3(a); or (2) enter into negotiations with the holder of a Federal mineral or geothermal lease in the cave protection area referred to in section 3(a) to determine appropriate compensation, if any, for the complete or partial termination of such lease. SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS. (a) In General.--In order to protect Lechuguilla Cave or Federal lands within the cave protection area, the Secretary, subject to valid existing rights, may limit or prohibit access to or across lands owned by the United States or prohibit the removal from such lands of any mineral, geological, or cave resources: Provided, That existing access to private lands within the cave protection area shall not be affected by this subsection. (b) No Effect on Pipelines.--Nothing in this title shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing capacity of the existing pipeline; or prohibiting the renewal of such right-of- way within the cave protection area referred to in section 3(a). (c) Relation to Other Laws.--Nothing in this Act shall be construed as increasing or diminishing the ability of any party to seek compensation pursuant to other applicable law, including but not limited to the Tucker Act (28 U.S.C. 1491), or as precluding any defenses or claims otherwise available to the United States in connection with any action seeking such compensation from the United States. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act: Provided, That no funds shall be made available except to the extent, or in such amounts as are provided in advance in appropriation Acts. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lechuguilla Cave Protection Act of 1993 - Withdraws all Federal lands within the boundaries of the Lechuguilla Cave Protection Area, New Mexico, from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under U.S. mining laws, and from disposition under all mineral and geothermal leasing laws. Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act. Authorizes the Secretary to cancel any Federal mineral or geothermal lease in the Protection Area or to enter into negotiations with the holder of the lease to determine appropriate compensation, for the complete or partial termination of such lease. Authorizes the Secretary to limit or prohibit access to or across Federal lands or prohibit the removal of any mineral, geological, or cave resources from such lands in order to protect Lechuguilla Cave or Federal lands within the Protection Area. Provides that access to private lands within the Protection Area shall not be affected by this Act. Authorizes appropriations.

Lechuguilla Cave Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Retirement Contributions Act of 1999''. SEC. 2. DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS. (a) Civil Service Retirement System.--The table under section 8334(c) of title 5, United States Code, is amended-- (1) in the matter relating to an employee by striking: ``7.4............ January 1, 2000, to December 31, 2000. 7.5............. January 1, 2001, to December 31, 2002. 7............... After December 31, 2002.''; and inserting the following: ``7.............. After December 31, 1999.''; (2) in the matter relating to a Member or employee for Congressional employee service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (3) in the matter relating to a Member for Member service by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (4) in the matter relating to a law enforcement officer for law enforcement service and firefighter for firefighter service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (5) in the matter relating to a bankruptcy judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (6) in the matter relating to a judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (7) in the matter relating to a United States magistrate by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (8) in the matter relating to a Court of Federal Claims judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (9) in the matter relating to the Capitol Police by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''; and (10) in the matter relating to a nuclear materials courier by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''. (b) Federal Employees' Retirement System.--Section 8422(a) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) The applicable percentage under this paragraph for civilian service shall be as follows: ``Employee.............................. 7...................... January 1, 1987, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7...................... After December 31, 1999. Congressional employee.................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Member.................................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Law enforcement officer, firefighter, 7.5.................... January 1, 1987, to December 31, 1998. member of the Capitol Police, or air traffic controller. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Nuclear materials courier............... 7...................... January 1, 1987, to the day before the date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. 7.5.................... The date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999.''. SEC. 3. CONFORMING AMENDMENTS RELATING TO MILITARY AND VOLUNTEER SERVICE UNDER FERS. (a) Military Service.--Section 8422(e)(6) of title 5, United States Code, is amended to read as follows: ``(6) The percentage of basic pay under section 204 of title 37 payable under paragraph (1), with respect to any period of military service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. (b) Volunteer Service.--Section 8422(f)(4) of title 5, United States Code, is amended to read as follows: ``(4) The percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1), with respect to any period of volunteer service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 4. OTHER FEDERAL RETIREMENT SYSTEMS. (a) Central Intelligence Agency Retirement and Disability System.-- (1) Deductions, withholdings, and deposits.--Section 7001(c)(2) of the Balanced Budget Act of 1997 (Public Law 105- 33; 111 Stat. 659) is amended to read as follows: ``(2) Individual deductions, withholdings, and deposits.-- Notwithstanding section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 1999, the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be 7.25 percent.''. (2) Military service.--Section 252(h)(1)(A) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2082(h)(1)(A)), is amended to read as follows: ``(h)(1)(A) Each participant who has performed military service before the date of separation on which entitlement to an annuity under this title is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37, United States Code, to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 1999, shall be 7.25 percent of basic pay.''. (b) Foreign Service Retirement and Disability System.-- (1) In general.--Section 7001(d)(2) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 660) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--Notwithstanding section 805(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of a participant in the Foreign Service Retirement and Disability System shall be 7.25 percent. ``(B) Foreign service criminal investigators/ inspectors of the office of the inspector general, agency for international development.--Notwithstanding section 805(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(2)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of an eligible Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development participating in the Foreign Service Retirement and Disability System shall be 7.75 percent.''. (2) Conforming amendment.--Section 805(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(d)(1)) is amended in the table in the matter following subparagraph (B) by striking: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 January 1, 2000, through December 31, 2000, inclusive................................ 7.4 January 1, 2001, through December 31, 2002, inclusive................................ 7.5 After December 31, 2002.............................................................. 7''. and inserting the following: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 After December 31, 1999.............................................................. 7.''. (c) Foreign Service Pension System.-- (1) In general.--Section 856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended to read as follows: ``(2) The applicable percentage under this subsection shall be as follows: ``7.5............ Before January 1, 1999. 7.75............ January 1, 1999, to December 31, 1999. 7.5............. After December 31, 1999.''. (2) Volunteer service.--Section 854(c)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4071c(c)(1)) is amended by striking all after ``volunteer service;'' and inserting ``except, the amount to be paid for volunteer service beginning on January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on December 31, 1999.

Amends the Balanced Budget Act of 1997 and the Foreign Service Act of 1980 to make similar employee retirement contribution reductions under the Central Intelligence Agency Retirement and Disability System, the Foreign Service Retirement and Disability System, and the Foreign Service Pension System.

Federal Employee Retirement Contributions Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Parks Research and Innovative New Technologies Act''. SEC. 2. DEVELOPMENT OF SCIENCE PARKS. (a) Finding.--Section 2 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding at the end the following: ``(12) It is in the best interests of the Nation to encourage the formation of science parks to promote the clustering of innovation through high technology activities.''. (b) Definition.--Section 4 of such Act (15 U.S.C. 3703) is amended by adding at the end the following: ``(12) `Brownfield' means abandoned, idled, or underused industrial or commercial real property on which expansion or redevelopment is complicated by real or perceived environmental contamination. ``(13) `Business or industrial park' means a primarily for- profit real estate venture of businesses or industries which do not necessarily reinforce each other through supply chain or technology transfer mechanisms. ``(14) `Cluster' means a group of competing, collaborating, and interdependent businesses that-- ``(A) work in a common industry; ``(B) are concentrated in a geographic region; ``(C) draw on shared infrastructure and a pool of skilled workers; and ``(D) represent the specialization and comparative advantage of the region. ``(15) `Science park'-- ``(A) means a centralized or regionally distributed group of interrelated companies and institutions, including suppliers, service providers, institutions of higher education, Federal or State laboratories, start- up incubators, clusters, and trade associations that-- ``(i) foster knowledge flow and contribute to regional economic growth and development; ``(ii) cooperate and compete with each other through physical connectivity or networked virtual parks where technologies cluster, including companies, researchers, and community college workforce training activities; and ``(iii) are located in a specific area or region that promotes real estate development or knowledge-based enterprises, technology transfer, and partnerships between such companies and institutions; ``(B) includes a science park, research park, technology park, research and development park, research and technology park, and science and technology park; and ``(C) does not include a business or industrial park. ``(16) `Science park infrastructure' means facilities that support the daily economic activity of a science park.''. (c) Science Parks.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 24. SCIENCE PARKS. ``(a) Development of Plans for Construction of Science Parks.-- ``(1) In general.--The Secretary shall award grants for the development of feasibility studies and plans for the construction of new science parks or the expansion, including renovation and modernization, of existing science parks. ``(2) Limitation on amount of grants.--The amount of a grant awarded under this subsection may not exceed $750,000. ``(3) Award.-- ``(A) Competition required.--The Secretary shall award grants under this subsection pursuant to a full and open competition. ``(B) Geographic dispersion.--The Secretary is encouraged to divide the grants awarded under this subsection among low-, medium-, and high-population density States. ``(C) Advertising.--The Secretary shall advertise any competition under this paragraph in the Commerce Business Daily. ``(D) Selection criteria.--The Secretary shall publish the criteria to be utilized in any competition under this paragraph for the selection of recipients of grants under this subsection, which shall include requirements relating to-- ``(i) the effect the science park will have on regional economic growth and development; ``(ii) the number of jobs to be created at the science park and in the surrounding regional community each year during its first 5 years; ``(iii) the funding to be required to construct or expand, including renovating or modernizing, the science park during its first 5 years; ``(iv) the amount and type of financing and access to capital available to the applicant; ``(v) the types of businesses and research entities expected in the science park and in the surrounding regional community; ``(vi) letters of intent by businesses and research entities to locate in the science park; ``(vii) the quality of life for employees at the science park; ``(viii) the capability to attract a well trained workforce to the science park; ``(ix) the management of the science park; ``(x) expected financial risks in the construction and operation of the science park and the risk mitigation strategy; ``(xi) physical infrastructure available to the science park, including roads, utilities, and telecommunications; ``(xii) the utilization of energy efficient building technology, including nationally recognized green building design practices, renewable energy, cogeneration, and other methods that increase energy efficiency and conservation; ``(xiii) consideration of the transformation of military bases affected by the base realignment and closure process (BRAC) or the redevelopment of existing buildings, structures, or brownfield sites that are abandoned, idled, or underused into single or multiple building facilities for science and technology companies and institutions; ``(xiv) the ability to collaborate with other science parks throughout the world; and ``(xv) other criteria prescribed by the Secretary. ``(4) Authorization of appropriations.--There are authorized to be appropriated $7,500,000 for each of the fiscal years 2011 through 2015 to carry out this subsection. ``(b) Loan Guarantees for Science Park Infrastructure.-- ``(1) In general.--Subject to paragraph (2), the Secretary may guarantee up to 80 percent of the loan amount for projects for the construction or expansion, including renovation and modernization, of science park infrastructure. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $50,000,000 with respect to any single project; and ``(B) $500,000,000 with respect to all projects. ``(3) Selection of guarantee recipients.--The Secretary shall select recipients of loan guarantees under this subsection based upon the ability of the recipient to collateralize the loan amount through bonds, equity, property, and other such criteria as the Secretary shall prescribe. Entities receiving a grant under subsection (a) are not eligible for a loan guarantee during the period of such grant. ``(4) Terms and conditions for loan guarantees.--The loans guaranteed under this subsection shall be subject to such terms and conditions as the Secretary may prescribe, except that-- ``(A) the final maturity of such loans made or guaranteed may not exceed the lesser of-- ``(i) 30 years and 32 days; or ``(ii) 90 percent of the useful life of any physical asset to be financed by such loan; ``(B) a loan made or guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrowers in the case of default; ``(C) a loan may not be guaranteed under this subsection unless the Secretary determines that the lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States; ``(D) a loan may not be guaranteed under this subsection if-- ``(i) the income from such loan is excluded from gross income for purposes of chapter 1 of the Internal Revenue Code of 1986; or ``(ii) the guarantee provides significant collateral or security, as determined by the Secretary, for other obligations the income from which is so excluded; ``(E) any guarantee provided under this subsection shall be conclusive evidence that-- ``(i) the guarantee has been properly obtained; ``(ii) the underlying loan qualified for such guarantee; and ``(iii) absent fraud or material misrepresentation by the holder, the guarantee is presumed to be valid, legal, and enforceable; ``(F) the Secretary shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans or guaranteed loans; ``(G) the Secretary may not extend credit assistance unless the Secretary has determined that there is a reasonable assurance of repayment; and ``(H) new loan guarantees may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required under section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). ``(5) Payment of losses.-- ``(A) In general.--If, as a result of a default by a borrower under a loan guaranteed under this subsection, after the holder has made such further collection efforts and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the holder has suffered a loss, the Secretary shall pay to such holder the percentage of such loss specified in the guarantee contract. Upon making any such payment, the Secretary shall be subrogated to all the rights of the recipient of the payment. The Secretary shall be entitled to recover from the borrower the amount of any payments made pursuant to any guarantee entered into under this section. ``(B) Enforcement of rights.--The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this section. ``(C) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the borrower which may be agreed upon by the parties to the guaranteed loan and approved by the Secretary, if budget authority for any resulting subsidy costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990) is available. ``(D) Management of property.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to this section. ``(6) Review.--Not later than 2 years after the date of the enactment of this section, the Comptroller General of the United States shall-- ``(A) conduct a review of the subsidy estimates for the loan guarantees under this subsection; and ``(B) submit to Congress a report on the review conducted under this paragraph. ``(7) Termination.--A loan may not be guaranteed under this subsection after September 30, 2015. ``(8) Authorization of appropriations.--There are authorized to be appropriated-- ``(A) $35,000,000 for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guaranteeing $500,000,000 in loans under this subsection; and ``(B) such sums as may be necessary for administrative expenses in fiscal year 2011 and thereafter. ``(c) National Academy of Sciences Evaluation.-- ``(1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Board on Science, Technology, and Economic Policy of the National Academy of Sciences under which the Board shall-- ``(A) conduct an evaluation of the activities under this section; and ``(B) review and recommend best practices for the development of United States science parks, including metrics for their success. ``(2) Report.--Under the agreement described in paragraph (1), the Board shall submit a report to the Secretary that-- ``(A) includes the Board's evaluation of science park development under this section; and ``(B) may include such recommendations as the Board considers appropriate for additional activities to promote and facilitate the development of science parks in the United States. ``(d) Tri-Annual Report.--Not later than March 31, 2014, and every third year thereafter, the Secretary shall submit a report to Congress that-- ``(1) describes the activities under this section during the preceding 3 years; ``(2) includes any recommendations made by the Board on Science, Technology, and Economic Policy under subsection (c)(2)(B) during such period; and ``(3) may include such recommendations for legislative or administrative action as the Secretary considers appropriate to further promote and facilitate the development of science parks in the United States. ``(e) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary shall promulgate regulations to carry out this section in accordance with Office of Management and Budget Circular A-129, entitled `Policies for Federal Credit Programs and Non-Tax Receivables'.''.

Science Parks Research and Innovative New Technologies Act - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to award grants for the development of feasibility studies and plans for the construction of new or the expansion, including renovation and modernization, of existing science parks. Allows the Secretary to guarantee up to 80% of the loan amount for projects for the construction or the expansion, including renovation and modernization, of such infrastructure. Directs the Secretary to enter into an agreement with the Board on Science, Technology, and Economic Policy of the National Academy of Sciences (NAS) under which the Board shall: (1) conduct an evaluation of such development under this Act; and (2) review and recommend best practices for the development of U.S. science parks, including metrics for their success.

To provide grants and loan guarantees for the development and construction of science parks to promote the clustering of innovation through high technology activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oroville-Tonasket Claim Settlement and Conveyance Act''. SEC. 2. PURPOSES. The purposes of this Act are to authorize the Secretary of the Interior to implement the provisions of the negotiated Settlement Agreement including conveyance of the Project Irrigation Works, identified as not having national importance, to the District, and for other purposes. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of the Interior; (2) the term ``Reclamation'' means the United States Bureau of Reclamation; (3) the term ``District'' or ``Oroville-Tonasket Irrigation District'' means the project beneficiary organized and operating under the laws of the State of Washington, which is the operating and repayment entity for the Project; (4) the term ``Project'' means the Oroville-Tonasket unit extension, Okanogan-Similkameen division, Chief Joseph Dam Project, Washington, constructed and rehabilitated by the United States under the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 1324), previously authorized and constructed under the Act of October 9, 1962 (Public Law 87-762, 76 Stat. 761), under the Federal reclamation laws (including the Act of June 17, 1902 (ch. 1093, 32 Stat. 388), and Acts supplementary thereto or amendatory thereof); (5) the term ``Project Irrigation Works'' means-- (A) those works actually in existence and described in subarticle 3(a) of the Repayment Contract, excluding Wildlife Mitigation Facilities, and depicted on the maps held by the District and Reclamation, consisting of the realty with improvements and real estate interests; (B) all equipment, parts, inventories, and tools associated with the Project Irrigation Works realty and improvements and currently in the District's possession; and (C) all third party agreements; (6)(A) the term ``Basic Contract'' means Repayment Contract No. 14-06-100-4442, dated December 26, 1964, as amended and supplemented, between the United States and the District; (B) the term ``Repayment Contract'' means Repayment Contract No. 0-07-10-W0242, dated November 28, 1979, as amended and supplemented, between the United States and the District; and (C) the term ``third party agreements'' mean existing contractual duties, obligations, and responsibilities that exist because of all leases, licenses, and easements with third parties related to the Project Irrigation Works, or the lands or rights-of-way for the Project Irrigation Works, but excepting power arrangements with the Bonneville Power Administration; (7) the term ``Wildlife Mitigation Facilities'' means-- (A) land, improvements, or easements, or any combination thereof, secured for access to such lands, acquired by the United States under the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e); and (B) all third party agreements associated with the Wildlife Mitigation Facilities; (8) the term ``Indian Trust Lands'' means approximately 61 acres of lands identified on land classification maps on file with the District and Reclamation beneficially owned by the Confederated Tribes of the Colville Reservation (Colville Tribes) or by individual Indians, and held in trust by the United States for the benefit of the Colville Tribes in accordance with the Executive order of April 9, 1872; (9) the term ``Settlement Agreement'' means the Agreement made and entered on April 15, 1996, between the United States of America acting through the Regional Director, Pacific Northwest Region, Bureau of Reclamation, and the Oroville- Tonasket Irrigation District; and (10) the term ``O&M'' means normal and reasonable care, control, operation, repair, replacement, and maintenance. SEC. 4. AGREEMENT AUTHORIZATION. The Settlement Agreement is approved and the Secretary of the Interior is authorized to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Settlement Agreement. SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS. (a) Consideration to United States.--Consideration by the District to the United States in accordance with the Settlement Agreement approved by this Act shall be-- (1) payment of $350,000 by the District to the United States; (2) assumption by the District of full liability and responsibility and release of the United States of all further responsibility, obligations, and liability for removing irrigation facilities constructed and rehabilitated by the United States under the Act of October 9, 1962 (Public Law 87- 762, 76 Stat. 761), or referenced in section 201 of the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 1324), and identified in Article 3(a)(8) of the Repayment Contract; (3) assumption by the District of sole and absolute responsibility for the O&M of the Project Irrigation Works; (4) release and discharge by the District as to the United States from all past and future claims, whether now known or unknown, arising from or in any way related to the Project, including any arising from the Project Irrigation Works constructed pursuant to the 1964 Basic Contract or the 1979 Repayment Contract; (5) assumption by the District of full responsibility to indemnify and defend the United States against any third party claims associated with any aspect of the Project, except for that claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; and (6) continued obligation by the District to deliver water to and provide for O&M of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (b) Responsibilities of United States.--In return the United States shall-- (1) release and discharge the District's obligation, including any delinquent or accrued payments, or assessments of any nature under the 1979 Repayment Contract, including the unpaid obligation of the 1964 Basic Contract; (2) transfer title of the Project Irrigation Works to the District; (3) assign to the District all third party agreements associated with the Project Irrigation Works; (4) continue power deliveries provided under section 6 of this Act; and (5) assume full responsibility to indemnify and defend the District against any claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed against the United States as of the date of the Settlement Agreement. SEC. 6. POWER. Nothing in this Act shall be construed as having any affect on power arrangements under Public Law 94-423 (90 Stat. 1324). The United States shall continue to provide to the District power and energy for irrigation water pumping for the Project, including Dairy Point Pumping Plant. However, the amount and term of reserved power shall not exceed, respectively-- (1) 27,100,000 kilowatt hours per year; and (2) 50 years commencing October 18, 1990. SEC. 7. CONVEYANCE. (a) Conveyance of Interests of United States.--Subject to valid existing rights, the Secretary is authorized to convey all right, title, and interest, without warranties, of the United States in and to all Project Irrigation Works to the District. In the event a significant cultural resource or hazardous waste site is identified, the Secretary is authorized to defer or delay transfer of title to any parcel until required Federal action is completed. (b) Retention of Title to Wildlife Mitigation Facilities.--The Secretary will retain title to the Wildlife Mitigation Facilities. The District shall remain obligated to deliver water to and provide for the O&M of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (c) Reservation.--The transfer of rights and interests pursuant to subsection (a) shall reserve to the United States all oil, gas, and other mineral deposits and a perpetual right to existing public access open to public fishing, hunting, and other outdoor recreation purposes, and such other existing public uses. SEC. 8. REPAYMENT CONTRACT. Upon conveyance of title to the Project Irrigation Works notwithstanding any parcels delayed in accordance with section 7(a), the 1964 Basic Contract, and the 1979 Repayment Contract between the District and Reclamation, shall be terminated and of no further force or effect. SEC. 9. INDIAN TRUST RESPONSIBILITIES. The District shall remain obligated to deliver water under appropriate water service contracts to Indian Trust Lands upon request from the owners or lessees of such land. SEC. 10. LIABILITY. Upon completion of the conveyance of Project Irrigation Works under this Act, the District shall-- (1) be liable for all acts or omissions relating to the operation and use of the Project Irrigation Works that occur before or after the conveyance except for the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; (2) absolve the United States and its officers and agents of responsibility and liability for the design and construction including latent defects associated with the Project; and (3) assume responsibility to indemnify and defend the United States against all claims whether now known or unknown and including those of third party claims associated with arising from or in any way related to the Project except for the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement. SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF MANDATES. (a) Reclamation Laws.--All mandates imposed by the Reclamation Act of 1902, and all Acts supplementary thereto or amendatory thereof, including the Reclamation Reform Act of 1982, upon the Project Irrigation Works shall be terminated upon the completion of the transfers as provided by this Act and the Settlement Agreement. After transfer of title, any future Reclamation benefits to be received pursuant to chapter 1093 of the Reclamation Act of June 17, 1902 (32 Stat. 388), and Acts supplementary thereto or amendatory thereof, other than as provided herein, shall be subject to approval by Congress. (b) Relationship to Other Laws.--The transfer of title authorized by this Act shall not-- (1) be subject to the provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act''); or (2) be considered a disposal of surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and the Surplus Property Act of 1944 (50 U.S.C. App. 1601 et seq.).

Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement. Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement. Releases the United States from further obligation for removing irrigation facilities under the Oroville-Tonasket Irrigation Project. Authorizes the Secretary to convey to the District all U.S. rights and interest in Project irrigation works. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance. Continues the District's obligation to deliver water to Indian trust lands upon request. Provides liabilities of the District upon conveyance of the irrigation works. Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws.

Oroville-Tonasket Claim Settlement and Conveyance Act

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 3(b) of this Act, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret the resources within the areas described in section 3(b) of this Act, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this Act; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 3. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and the map referred to in this subsection, the map shall govern. (2) In addition to the sites, areas and relics referred to in paragraph (1), the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 4. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Funds authorized to be appropriated to the Secretary for the purposes of this subsection shall be expended in the ratio of one dollar of Federal funds for each dollar of funds contributed by non- Federal sources. For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this Act, any money so contributed. With the approval of the Secretary, any donation of land, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (3) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Limitation on Funds.--Funds authorized to be appropriated to the Secretary for operation and maintenance of the schooner Ernestina may not exceed 50 percent of the total costs of such operation and maintenance and may not exceed $300,000 annually. (d) Acquisition of Real Property.--The Secretary may acquire, for the purposes of the park, by donation, exchange, lease or purchase with donated or appropriated funds, lands, interests in lands, and improvements thereon within the park except that (1) lands, and interests in lands, within the boundaries of the park which are owned by the State of Massachusetts or any political subdivision thereof, may be acquired only by donation, and (2) lands, and interests in lands, within the boundaries of the park which are not owned by the State of Massachusetts or any political subdivision thereof may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the park or which is otherwise incompatible with the purposes of this Act. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this Act. SEC. 5. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, but not more than $10,400,000 is authorized to be appropriated for construction, acquisition, restoration, and rehabilitation of visitor and interpretative facilities. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk. 103d CONGRESS 2d Session H. R. 3898 _______________________________________________________________________ AN ACT To establish the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, and for other purposes.

Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts. Requires expenditures to consist of non-Federal funds matching Federal funds. Limits expenditures for operation and maintenance of the Schooner Ernestina. Requires the Secretary of the Interior to submit to specified congressional committees a general management plan for the Park and to implement such plan. Authorizes appropriations. Limits authorizations for visitor and interpretive facilities.

To establish the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by striking ``(e)'' and all that follows through paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species.''; and (B) in paragraph (2)-- (i) by striking so much as precedes subparagraph (A) and inserting the following: ``(2) Limitation on application.--Paragraph (1) does not apply to any person who--''. (ii) in subparagraph (A), by inserting before the semicolon at the end ``and does not allow direct contact between the public and prohibited wildlife species''; (iii) in subparagraph (B), by striking ``State-licensed wildlife rehabilitator,''; (iv) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (III) by striking ``or'' after the semicolon at the end; (v) in subparagraph (D)-- (I) by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''; and (II) by striking the period at the end and inserting ``; or''; and (vi) by adding at the end the following: ``(E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if-- ``(i) the nonhuman primate is a single animal of the genus Cebus; ``(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008 was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; ``(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment; ``(iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); ``(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; ``(vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and ``(vii) the transportation of the nonhuman primate is in compliance with-- ``(I) all applicable State and local restrictions regarding the transport; and ``(II) all applicable State and local requirements regarding permits or health certificates.''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),''; and (2) in paragraph (1), by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in subparagraphs (A) and (B) of paragraph (1) and in the first sentence of paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; and (2) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. (d) Effective Date; Regulations.-- (1) Effective date.--Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of-- (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e).''.

. Captive Primate Safety Act - (Sec. 2) Amends the Lacey Act Amendments of 1981 to: (1) make nonhuman primates a prohibited wildlife species; and (2) make it unlawful to import, export, transport, sell, receive, acquire, or purchase them in interstate or foreign commerce. (Sec. 3) Modifies exceptions to restrictions on such transactions in prohibited wildlife species, making them inapplicable to a person who: (1) is a licensed and inspected person only if the person does not allow direct contact between the public and prohibited wildlife species, or (2) is transporting under certain conditions a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Removes state-licensed wildlife rehabilitators from the list of entities exempted from the restrictions. Sets forth civil and criminal penalties for violations of the requirements of this Act.

Captive Primate Safety Act

SECTION 1. 5-YEAR CARRYBACK OF OPERATING LOSSES. (a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(H) Carryback for 2008 and 2009 net operating losses.-- ``(i) In general.--In the case of an applicable 2008 or 2009 net operating loss with respect to which the taxpayer has elected the application of this subparagraph-- ``(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 6 for `2', ``(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (I) for `2', and ``(III) subparagraph (F) shall not apply. ``(ii) Applicable 2008 or 2009 net operating loss.--For purposes of this subparagraph, the term `applicable 2008 or 2009 net operating loss' means-- ``(I) the taxpayer's net operating loss for any taxable year ending in 2008 or 2009, or ``(II) if the taxpayer elects to have this subclause apply in lieu of subclause (I), the taxpayer's net operating loss for any taxable year beginning in 2008 or 2009. ``(iii) Election.--Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the net operating loss. Any such election, once made, shall be irrevocable. ``(iv) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have clause (ii)(II) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (b) Alternative Tax Net Operating Loss Deduction.--Subclause (I) of section 56(d)(1)(A)(ii) is amended to read as follows: ``(I) the amount of such deduction attributable to the sum of carrybacks of net operating losses from taxable years ending during 2001, 2002, 2008, or 2009 and carryovers of net operating losses to such taxable years, or''. (c) Loss From Operations of Life Insurance Companies.--Subsection (b) of section 810 is amended by adding at the end the following new paragraph: ``(4) Carryback for 2008 and 2009 losses.-- ``(A) In general.--In the case of an applicable 2008 or 2009 loss from operations with respect to which the taxpayer has elected the application of this paragraph, paragraph (1)(A) shall be applied, at the election of the taxpayer, by substituting `5' or `4' for `3'. ``(B) Applicable 2008 or 2009 loss from operations.--For purposes of this paragraph, the term `applicable 2008 or 2009 loss from operations' means-- ``(i) the taxpayer's loss from operations for any taxable year ending in 2008 or 2009, or ``(ii) if the taxpayer elects to have this clause apply in lieu of clause (i), the taxpayer's loss from operations for any taxable year beginning in 2008 or 2009. ``(C) Election.--Any election under this paragraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the loss from operations. Any such election, once made, shall be irrevocable. ``(D) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have subparagraph (B)(ii) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (d) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. (2) Alternative tax net operating loss deduction.--The amendment made by subsection (b) shall apply to taxable years ending after 1997. (3) Loss from operations of life insurance companies.--The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007. (4) Transitional rule.--In the case of a net operating loss (or, in the case of a life insurance company, a loss from operations) for a taxable year ending before the date of the enactment of this Act-- (A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the applicable date, (B) any election made under section 172(b)(1)(H) or 810(b)(4) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, and (C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. (f) Exception for TARP Recipients.--The amendments made by this section shall not apply to-- (1) any taxpayer if-- (A) the Federal Government acquires, at any time, an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or (B) the Federal Government acquires, at any time, any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to such Act, (2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and (3) any taxpayer which at any time in 2008 or 2009 is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2). (g) Transfers to the General Fund.--From time to time, the Secretary of the Treasury shall transfer to the general fund of the Treasury an amount equal to the reduction in revenues to the Treasury resulting from the amendments made by subsections (a) through (f). Notwithstanding section 5 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), such amounts shall be transferred from the amounts appropriated or made available and remaining unobligated under such Act.

Amends the Internal Revenue Code to allow a five-year carryback of net operating losses, including the operating losses of life insurance companies, incurred in 2008 and 2009. Denies such extended loss carryover period to: (1) taxpayers in whom the federal government acquires an equity interest under the Emergency Economic Stabilization Act of 2008; (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) members of certain affiliated groups. Directs the Secretary of the Treasury to make transfers to the general fund to cover reductions in revenues resulting from this Act.

A bill to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of operating losses, and for other purposes.

SECTION 1. CHARTER. The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter. SEC. 2. CORPORATE POWERS. The National Academies of Practice (hereafter referred to in this Act as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. PURPOSES OF CORPORATION. The purposes of the corporation shall be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES. The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF THE CORPORATION. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) Claims of Federal Approval.--The corporation shall not claim congressional approval or Federal Government authority for any of its activities. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--Nothing in this section shall be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended-- (1) by redesignating paragraph (72) as paragraph (71); (2) by designating the paragraph relating to the Non Commissioned Officers Association of the United States of America, Incorporated, as paragraph (72); (3) by redesignating paragraph (60), relating to the National Mining Hall of Fame and Museum, as paragraph (73); and (4) by adding at the end the following: ``(75) National Academies of Practice.''. SEC. 12. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit for such fiscal year required by section 3 of the Act referred to in section 11 of this Act. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 14. DEFINITION. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision. SEC. 16. TERMINATION. If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) Title I of the Elementary and Secondary Schools Act helps address inequity in education in school districts across the country to provide a high-quality education to every student. (4) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (5) The Individuals with Disabilities Education Improvement Act committed Congress to providing 40 percent of the national current average per-pupil expenditure for students with disabilities. (6) A promise made must be a promise kept. SEC. 3. FULL FUNDING OF PART A OF TITLE I OF ESEA. (a) Funding--There are appropriated, out of any money in the Treasury not otherwise appropriated: (1) For fiscal year 2016, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and (B) $16,221,582,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (2) For fiscal year 2017, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $18,261,161,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (3) For fiscal year 2018, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $20,557,182,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (4) For fiscal year 2019, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $23,141,888,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (5) For fiscal year 2020, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $26,051,574,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (6) For fiscal year 2021, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $29,327,103,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (7) For fiscal year 2022, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $33,014,472,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (8) For fiscal year 2023, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (B) $37,165,463,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (9) For fiscal year 2024, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $41,838,368,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. (10) For fiscal year 2025, an amount that equals the difference between-- (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $47,098,809,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $12,872,421,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $1,374,573,000 or 1.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(B) $14,411,326,000 or 19.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $2,913,478,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(C) $16,134,207,000 or 21.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $4,636,359,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(D) $18,063,059,000 or 23.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $6,565,211,000 or 7.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(E) $20,222,507,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $8,724,659,000 or 9.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; ``(F) $22,640,117,000 or 27.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $11,142,269,000 or 11.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; ``(G) $25,346,755,000 or 30.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $13,848,907,000 or 14.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(H) $28,376,972,000 or 33.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $16,879,124,000 or 17.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; ``(I) $31,769,453,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $20,271,605,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; and ``(J) $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, and there are hereby appropriated $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, which-- ``(i) shall become available for obligation with respect to fiscal year 2025 on July 1, 2025, and shall remain available through September 30, 2026; and ``(ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of-- ``(A) the total number of children with disabilities in all States who-- ``(i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and ``(ii) were aged-- ``(I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and ``(II) 6 through 21; and ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. SEC. 5. OFFSET. The amounts appropriated by this Act and the amendments made by this Act shall be expended consistent with pay-as-you-go requirements.

Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act This bill: (1) amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and mandate funding levels for a program that awards grants to states for the provision of special education and related services to children with disabilities, and (2) mandates funding levels for school improvement programs under the Elementary and Secondary Education Act of 1965 (ESEA). With respect to the IDEA grant program, the bill establishes funding levels for each year from FY2016-FY2024 in amounts equal to the greater of: (1) a specified amount for the applicable fiscal year, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the national average per-pupil expenditure in public elementary and secondary schools. Funding levels for FY2025 and beyond must equal the greater of a specified amount or 40% of the amount determined using this formula. With respect to school improvement programs under ESEA, the bill establishes funding levels for each year from FY2016-FY2025 in amounts equal to the difference between: (1) the amount appropriated for the programs in FY2015, and (2) the greater of a specified amount for the applicable fiscal year or the full amount authorized to be appropriated for that fiscal year for such programs. Amounts appropriated under the bill must be expended in a manner consistent with pay-as-you-go requirements.

Keep Our PACT Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Social Security Expansion Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Across-the-board benefit increase. Sec. 3. Computation of cost-of-living increases. Sec. 4. Increase in minimum benefit for lifetime low earners based on years in the workforce. Sec. 5. Payroll tax on remuneration up to contribution and benefit base and more than $250,000. Sec. 6. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000. Sec. 7. Tax on investment gain. SEC. 2. ACROSS-THE-BOARD BENEFIT INCREASE. Section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following new clause: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2022, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2023, 1 percent; ``(II) for each of calendar years 2024 through 2036, the percent determined under this clause for the preceding year increased by 1 percentage point; and ``(III) for calendar year 2037 and each year thereafter, 15 percent.''. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 102 of the Social Security Expansion Act'' after ``1986''. (c) No Effect on Adjustments Under Other Laws.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the end the following: ``(6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 102 of the Social Security Expansion Act.''. (d) Publication of Consumer Price Index for Elderly Consumers.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the index authorized by section 191 of the Older Americans Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month, beginning with July of the calendar year following the calendar year in which this Act is enacted, and such index shall be known as the ``Consumer Price Index for Elderly Consumers''. (e) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. INCREASE IN MINIMUM BENEFIT FOR LIFETIME LOW EARNERS BASED ON YEARS IN THE WORKFORCE. (a) In General.--Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2017, no primary insurance amount computed under subparagraph (A) may be less than the greater of-- ``(I) the minimum monthly amount computed under subparagraph (C); or ``(II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). ``(ii)(I) The alternative minimum amount determined under this clause is the applicable percentage of \1/12\ of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. ``(II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: ``If the number of years The applicable of work is: percentage is: 11........................................... 6.25 percent 12........................................... 12.50 percent 13........................................... 18.75 percent 14........................................... 25.00 percent 15........................................... 31.25 percent 16........................................... 37.50 percent 17........................................... 43.75 percent 18........................................... 50.00 percent 19........................................... 56.25 percent 20........................................... 62.50 percent 21........................................... 68.75 percent 22........................................... 75.00 percent 23........................................... 81.25 percent 24........................................... 87.50 percent 25........................................... 93.75 percent 26........................................... 100.00 percent 27........................................... 106.25 percent 28........................................... 112.50 percent 29........................................... 118.75 percent 30 or more................................... 125.00 percent. ``(iii) The annual dollar amount determined under this clause is-- ``(I) for calendar year 2018, the poverty guideline for 2017; and ``(II) for any calendar year after 2018, the annual dollar amount for 2017 multiplied by the ratio of-- ``(aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to ``(bb) the national average wage index (as so defined) for 2016. ``(iv) For purposes of this subparagraph-- ``(I) the term `year of work' means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual's wages and self-employment income; and ``(II) the term `poverty guideline for 2017' means the annual poverty guideline for 2017 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual.''. (b) Recomputation.--Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2016 to the extent necessary to carry out the amendments made by this section. (c) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting ``215(a)(1)(E),'' after ``215(a)(1)(D),''. SEC. 5. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after ``such calendar year.'' the following: ``The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000.''. (b) Conforming Amendment.--Paragraph (1) of section 3121 of the Internal Revenue Code of 1986 is amended by striking ``Act) to'' and inserting ``Act), or in excess of $250,000, to''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2017. SEC. 6. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of the tax imposed by section 1401(a), the excess of-- ``(A) that part of the net earnings from self- employment which is in excess of-- ``(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus ``(ii) the amount of the wages paid to such individual during such taxable years, over ``(B) that part of the net earnings from self- employment which is in excess of the sum of-- ``(i) the excess of-- ``(I) the net earning from self- employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over ``(II) $250,000, reduced by such contribution and benefit base, plus ``(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or''. (b) Phaseout.--Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000.''. (c) Effective Date.--The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2017. SEC. 7. TAX ON INVESTMENT GAIN. (a) In General.--Subsection (a) of section 1411 of the Internal Revenue Code of 1986 is amended by striking ``3.8 percent'' each place it appears and inserting ``10 percent''. (b) Conforming Amendment.--The heading for chapter 2A of the Internal Revenue Code of 1986 is amended by inserting ``AND SOCIAL SECURITY'' after ``MEDICARE''. (c) Trust Funds.-- (1) Federal old-age and survivors insurance trust fund.-- Subsection (a) of section 201 of the Social Security Act (42 U.S.C. 401) is amended-- (A) in paragraph (4), by striking the period at the end and inserting ``; and''; (B) by inserting after paragraph (4) the following new paragraph: ``(5) 62 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986, less the amounts specified in clause (3) of subsection (b) of this section.''; and (C) in the flush matter at the end-- (i) by striking ``clauses (3) and (4)'' each place it appears and inserting ``clauses (3), (4), and (5)''; and (ii) by striking ``clauses (1) and (2)'' and inserting ``clauses (1), (2), and (3)''. (2) Federal disability insurance trust fund.--Subsection (b) of such section is amended-- (A) in paragraph (2), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new paragraph: ``(3) 9 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Social Security Expansion Act This bill amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act to: (1) increase the primary insurance amount for all eligible beneficiaries, beginning in 2023; (2) revise computation of cost-of-living adjustments to use the Consumer Price Index for Elderly Consumers; and (3) increase the special minimum primary insurance amount for lifetime low earners based on years in the workforce. This bill amends the Internal Revenue Code to: (1) apply employment and self-employment taxes to remuneration up to the contribution and benefit base and to remuneration in excess of $250,000, and (2) increase the tax rate on investment gain from 3.8% to 10% and allocate specified amounts of such tax revenue to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.

Social Security Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``False Claims Amendments Act of 1993''. SEC. 2. GOVERNMENT RIGHT TO DISMISS CERTAIN ACTIONS. Section 3730(b) of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: ``(6)(A) No later than 60 days after the date of service under paragraph (2), the Government may move to dismiss from the action the person bringing the action if-- ``(i) such person first learned all the necessary and specific facts underlying the material allegations contained in the action from-- ``(I) a fraud investigation that the executive branch of the Government is actively pursuing, or ``(II) a news media report or a congressional hearing or report, if the executive branch of the Government, before such person filed the complaint in the action, commenced a fraud investigation of such allegations on the basis of such facts, and if the executive branch is actively pursuing such investigation; or ``(ii) such person learned of the information that underlies the alleged violation of section 3729 that is the basis of the action in the course of the person's employment by the United States, and none of the following has occurred: ``(I) In a case in which the employing agency has an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed to such inspector general; and ``(bb) notified in writing the person's supervisor and the Attorney General of the disclosure under division (aa). ``(II) In a case in which the employing agency does not have an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed, to the Attorney General; and ``(bb) notified in writing the person's supervisor of the disclosure under division (aa). ``(III) Twelve months (and any period of extension as provided for under subparagraph (B)) have elapsed since the disclosure of information and notification under either subclause (I) or (II) were made and the Attorney General has not filed an action based on such information. ``(B) Prior to the expiration of the 12-month period described under subparagraph (A)(ii)(III) and upon notice to the person who has disclosed information and provided notice under subparagraph (A)(ii) (I) or (II), the Attorney General may file a motion seeking an extension of such 12-month period. Such 12-month period may be extended by a court for not more than an additional 12-month period upon a showing by the Government that the additional period is necessary for the Government to decide whether or not to file such action. Any such motion may be filed in camera and may be supported by affidavits or other submissions in camera. ``(C) For purposes of subparagraph (A), a person's supervisor is the officer or employee who-- ``(i) is in a position of the next highest classification to the position of such person; ``(ii) has supervisory authority over such person; and ``(iii) such person believes is not culpable of the violation upon which the action under this subsection is brought by such person. ``(D) A motion to dismiss under this paragraph shall set forth documentation of the allegations, evidence, and information in support of the motion. ``(E) Any person bringing a civil action under paragraph (1) shall be provided an opportunity to contest a motion to dismiss under this paragraph. The court may restrict access to the evidentiary materials filed in support of the motion to dismiss, as the interests of justice require. A motion to dismiss and papers filed in support or opposition of such motion shall not be-- ``(i) made public without the prior written consent of the person bringing the civil action; or ``(ii) subject to discovery by the defendant. ``(F) If the motion to dismiss under this paragraph is granted, the matter shall remain under seal. ``(G) No later than 6 months after the date of the enactment of this paragraph, and every 6 months thereafter, the Department of Justice shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives relating to-- ``(i) the cases in which the Department of Justice has filed a motion to dismiss under this paragraph; ``(ii) the outcome of such motions; and ``(iii) the status of false claims civil actions in which such motions were filed.''. SEC. 3. PROVISIONS RELATING TO ACTIONS BARRED AND QUI TAM AWARDS. Section 3730 of title 31, United States Code, is amended-- (1) in subsection (b)(1) by adding at the end thereof ``A right of action for a violation of section 3729 may not be waived or released by any person, except as part of a court approved settlement of a civil action brought under this section.''; (2) in subsection (d)(1)-- (A) in the first sentence-- (i) by striking out ``, subject to the second sentence of this paragraph,''; and (ii) by inserting after ``proceeds of the action or settlement of the claim,'' the following: ``including all proceeds or settlement amounts attributable to allegations developed as a result of information provided to the Government by such person,''; (B) in the third sentence by striking out ``or the second sentence''; and (C) by striking out the second sentence; and (3) in subsection (e) by striking out paragraph (4). SEC. 4. WHISTLEBLOWER PROTECTION. Section 3730(h) of title 31, United States Code, is amended-- (1) by striking out ``(h)'' and inserting in lieu thereof ``(h) Whistleblower Protection.--(1)''; and (2) by adding at the end thereof the following new paragraph: ``(2)(A) In any action brought by an employee under paragraph (1), the employee shall be entitled to relief if, based upon a preponderance of the evidence, the employee demonstrates that a lawful act described under paragraph (1) was a contributing factor in the action by the employer against the employee that is alleged in the complaint. ``(B) Notwithstanding subparagraph (A), an employee who brings an action under paragraph (1) shall not be entitled to relief if the employer demonstrates by clear and convincing evidence that the employer would have taken the same action against the employee in the absence of the lawful act that was a contributing factor described in subparagraph (A).''. SEC. 5. DEFINITION OF PERSON. Section 3730 of title 31, United States Code, is further amended by inserting at the end thereof the following new subsection: ``(i) Definition.--For purposes of this section, the term `person' means any natural person, partnership, corporation, association, or other legal entity, including any State or political subdivision of a State.''. SEC. 6. STATUTE OF LIMITATIONS. Section 3731(b) of title 31, United States Code, is amended to read as follows: ``(b)(1) A civil action under section 3730 may not be brought more than 6 years after the date on which the violation of section 3729 is committed. ``(2) For the purpose of computing the period described under paragraph (1), there shall be excluded all periods during which facts material to the right of action are not known and reasonably could not be known by the official of the United States with authority to act in the circumstances.''. SEC. 7. AUTHORITY TO ISSUE INVESTIGATIVE DEMANDS. Section 3733 of title 31, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (B) in the matter following subparagraph (D)-- (i) in the first sentence by inserting ``or an Assistant Attorney General'' after ``Attorney General''; and (ii) in the second sentence by striking out ``, the Deputy Attorney General,''; (2) in subsection (a)(2)-- (A) in subparagraph (F) by striking out ``designated by the Attorney General''; and (B) in subparagraph (G) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; (3) in subsection (h)(6) by striking out ``, the Deputy Attorney General,''; (4) in subsection (i) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (5) in subsection (l)(6) by inserting ``or an Assistant Attorney General'' after ``Attorney General''. SEC. 8. APPLICABILITY AND EFFECTIVE DATE. (a) In General.--(1) The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to cases filed on or after the date of enactment of this Act. (2) The provisions of section 3730(b)(6)(A)(i) of title 31, United States Code (as added by section 2 of this Act), and section 3730 (d) and (e) of such title (as amended by section 3 (2) and (3) of this Act), shall apply to cases pending on the date of the enactment of this Act. In any case that is pending on the date of the enactment of this Act in which the Government has elected to proceed with the action under section 3730(b)(4) of title 31, United States Code, the Government may file a motion to dismiss a qui tam relator under section 3730(b)(6)(A)(i) of such title (as added by section 2 of this Act), no later than 120 days after the date of the enactment of this Act. (b) Prior Laws.--(1) The amendments made by the False Claims Amendments Act of 1986 (Public Law 99-562) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of the enactment of this Act. (2) The amendments made by section 9 of the Major Fraud Act of 1988 (Public Law 100-700) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of enactment of this Act.

False Claims Amendments Act of 1993 - Amends the False Claims Act with respect to: (1) dismissal of qui tam actions at Government motion in specified circumstances; (2) waiver by private parties of the Government's rights to recover damages under such Act as part of any court approved settlement of a potential qui tam suit; (3) whistleblower protection; (4) the definition of "person" under such Act; (5) the Act's statute of limitations; and (6) the authority under such Act to issue civil investigative demands. Requires periodic reports by the Department of Justice to specified congressional committees on cases which the Department has moved to dismiss.

False Claims Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Kickbacks in Recovery Act of 2018''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following: ``Sec. 220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories ``(a) Offense.--Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully-- ``(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or ``(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind-- ``(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or ``(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory, shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence. ``(b) Applicability.--Subsection (a) shall not apply to-- ``(1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity; ``(2) a payment made by an employer to an employee or independent contract (who has a bona fide employment or contractual relationship with such employer) for employment, if the employee's payment is not determined by or does not vary by-- ``(A) the number of individuals referred to a particular recovery home, clinical treatment facility, or laboratory; ``(B) the number of tests or procedures performed; or ``(C) the amount billed to or received from, in part or in whole, the health care benefit program from the individuals referred to a particular recovery home, clinical treatment facility, or laboratory; ``(3) a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the Medicare coverage gap discount program under section 1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w- 114a(g)); ``(4) a payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section 1001.952(d) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section; ``(5) a waiver or discount (as defined in section 1001.952(h)(5) of title 42, Code of Federal Regulations, or any successor regulation) of any coinsurance or copayment by a health care benefit program if-- ``(A) the waiver or discount is not routinely provided; and ``(B) the waiver or discount is provided in good faith; ``(6) a remuneration described in section 1128B(b)(3)(I) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)(I)); ``(7) a remuneration made pursuant to an alternative payment model (as defined in section 1833(z)(3)(C) of the Social Security Act) or pursuant to a payment arrangement used by a State, health insurance issuer, or group health plan if the Secretary of Health and Human Services has determined that such arrangement is necessary for care coordination or value- based care; or ``(8) any other payment, remuneration, discount, or reduction as determined by the Attorney General, in consultation with the Secretary of Health and Human Services, by regulation. ``(c) Rule of Construction.--Neither actual knowledge of this section nor specific intent to commit a violation of this section shall be an element of an offense under this section. ``(d) Regulations.--The Attorney General, in consultation with the Secretary of Health and Human Services, may promulgate regulations to clarify the exceptions described in subsection (b). ``(e) Definitions.--In this section-- ``(1) the terms `applicable beneficiary' and `applicable drug' have the meanings given those terms in section 1860D- 14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g)); ``(2) the term `clinical treatment facility' means a medical setting, other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law; ``(3) the term `health care benefit program' has the meaning given the term in section 24(b); ``(4) the term `laboratory' has the meaning given the term in section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(5) the term `recovery home' means a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.''. (b) Clerical Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by inserting after the item related to section 219 the following: ``220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories.''.

Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home, clinical treatment facility, or laboratory, subject to limitations. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both.

Eliminating Kickbacks in Recovery Act of 2018

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The rate for American Indians and Alaskan Natives living below 50 percent the poverty level is 11.2 percent, nearly double the rate of the general population. (2) The unemployment rate for American Indians and Alaskan Natives 16 years and over is 13.6 percent, nearly double the rate of the general population. (3) Indian tribe members and Alaska Natives own more than 201,000 businesses and generate more than $26,000,000,000 in revenues. The construction industry accounted for 16 percent of these businesses and 22.5 percent of their total receipts. The next largest was the service industry (13.2 percent and 3.4 percent, respectively). The third largest was the health care and social assistance industry (12.1 percent and 4.6 percent, respectively). (4) The Small Business Development Center program is cost effective. Clients receiving long-term counseling under the program in 2005 generated additional tax revenues of $248,000,000, nearly 2.8 times the cost of the program to the Federal Government. (5) Using the existing infrastructure of the Small Business Development Center program, small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians receiving services under the program will have a higher survival rate than the average small business not receiving such services. (6) Business counseling and technical assistance is critical on Indian lands where similar services are scarce and expensive. (7) Increased assistance through counseling under the Small Business Development Center program has been shown to reduce the default rate associated with lending programs of the Small Business Administration. (b) Purposes.--The purposes of this Act are as follows: (1) To stimulate economies on Indian lands. (2) To foster economic development on Indian lands. (3) To assist in the creation of new small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians and expand existing ones. (4) To provide management, technical, and research assistance to small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians. (5) To seek the advice of local Tribal Councils on where small business development assistance is most needed. (6) To ensure that Indian tribe members, Alaska Natives, and Native Hawaiians have full access to existing business counseling and technical assistance available through the Small Business Development Center program. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS. (a) In General.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist indian tribe members, alaska natives, and native hawaiians.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State's total population, as shown by the latest available census. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians; ``(ii) the location of the Small Business Development Center site proposed by the applicant; ``(iii) the required amount of grant funding needed by the applicant to implement the program; and ``(iv) the extent to which the applicant has consulted with local Tribal Councils. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for one fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Definitions.--In this section, the following definitions apply: ``(i) Indian lands.--The term `Indian lands' has the meaning given the term `Indian country' in section 1151 of title 18, United States Code, the meaning given the term `Indian reservation' in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term `reservation' in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). ``(ii) Indian tribe.--The term `Indian tribe' means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. ``(iii) Indian tribe member.--The term `Indian tribe member' means a member of an Indian tribe (other than a Alaska Native). ``(iv) Alaska native.--The term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). ``(v) Native hawaiian.--The term `Native Hawaiian' means any individual who is-- ``(I) a citizen of the United States; and ``(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. ``(vi) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). ``(H) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2008 through 2010. ``(I) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''. SEC. 3. STATE CONSULTATION WITH TRIBAL ORGANIZATIONS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Advice of local tribal organizations.--A Small Business Development Center receiving a grant under this section shall request the advice of tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance.''. Passed the House of Representatives June 20, 2007. Attest: LORRAINE C. MILLER, Clerk.

Amends the Small Business Act to authorize a Small Business Development Center in an eligible state to apply for an additional grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaskan Natives, and Native Hawaiians. Defines an "eligible state" as a state that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1% of the state's total population. Prohibits any applicant from receiving more than $300,000 in such grants for one fiscal year. Authorizes appropriations for carrying out such additional assistance for FY2008-FY2010. Requires a Small Business Development Center receiving such a grant to request the advice of the local tribal organization on how best to provide assistance and where to locate satellite centers to provide such assistance.

To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2017'' or the ``TAILOR Act of 2017''. SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS. (a) In General.--For any regulatory action occurring after the date of the enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of each type of institution or class of institutions subject to the regulatory action; (2) determine the necessity, appropriateness, and impact of applying such regulatory action to such institutions or classes of institutions; and (3) tailor such regulatory action in a manner that limits the regulatory compliance impact, cost, liability risk, and other burdens, as appropriate, for the risk profile and business model of the institution or class of institutions involved. (b) Other Considerations.--In carrying out the requirements of subsection (a), each Federal financial institutions regulatory agency shall consider-- (1) the impact that such regulatory action, both by itself and in conjunction with the aggregate effect of other regulations, has on the ability of the applicable institution or class of institutions to serve evolving and diverse customer needs; (2) the potential impact of examination manuals, regulatory actions taken with respect to third-party service providers, or other regulatory directives that may be in conflict or inconsistent with the tailoring of such regulatory action described in subsection (a)(3); and (3) the underlying policy objectives of the regulatory action and statutory scheme involved. (c) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (a) and (b). (d) Reports to Congress.-- (1) Individual agency reports.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the specific actions taken to tailor the regulatory actions of the agency pursuant to the requirements of this Act. (B) Appearance before the committees.--The head of each Federal financial institution regulatory agency shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A) to testify on the contents of such report. (2) FIEC reports.-- (A) In general.--Not later than 3 months after each report is submitted under paragraph (1), the Financial Institutions Examination Council shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on-- (i) the extent to which regulatory actions tailored pursuant to this Act result in different treatment of similarly situated institutions of diverse charter types; and (ii) the reasons for such differential treatment. (B) Appearance before the committees.--The Chairman of the Financial Institutions Examination Council shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A) to testify on the contents of such report. (e) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall conduct a review of all regulations adopted during the period beginning on the date that is seven years before the date of the introduction of this Act in the House of Representatives and ending on the date of the enactment of this Act, and apply the requirements of this Act to such regulations. (2) Revision.--If the application of the requirements of this Act to any such regulation requires such regulation to be revised, the applicable Federal financial institutions regulatory agency shall revise such regulation within 3 years of the enactment of this Act. (f) Definitions.--In this Act, the following definitions shall apply: (1) Federal financial institutions regulatory agencies.-- The term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection. (2) Regulatory action.--The term ``regulatory action'' means any proposed, interim, or final rule or regulation, guidance, or published interpretation. SEC. 3. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS. (a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and inserting ``$7,385,714,000''. (b) Effective Date.--Subsection (a) shall take effect on June 1, 2018. Passed the House of Representatives March 14, 2018. Attest: KAREN L. HAAS, Clerk.

Taking Account of Institutions with Low Operation Risk Act of 2017 or the TAILOR Act of 2017 (Sec. 2) This bill requires federal financial regulatory agencies to: (1) tailor any regulatory actions so as to limit burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's tailoring requirement applies not only to future regulatory actions but also to regulations adopted within the last seven years. (Sec. 3) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks.

Taking Account of Institutions with Low Operation Risk Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Guard Retention and College Access Act''. SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. (a) Findings.--Congress makes the following findings: (1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. (2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. (3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. (4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. (5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. (6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. (7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. (8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. (9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. (b) Educational Assistance Program Authorized.--The commanding general of the District of Columbia National Guard (in this section referred to as the ``commanding general'') may provide financial assistance under this section to a member of the District of Columbia National Guard who has satisfactorily completed required initial active duty service and executes a written agreement to serve in the District of Columbia National Guard for a period of not less than six years, to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. (c) Maintenance of Eligibility.--To continue to be eligible for financial assistance under this section, a member of the District of Columbia National Guard must-- (1) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard; (2) be enrolled on a full-time or part-time basis (at least three, but less than twelve credit hours per semester) in an approved institution of higher education; and (3) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). (d) Covered Expenses.--Financial assistance received by a member of the District of Columbia National Guard under this section may be used to cover-- (1) tuition and fees charged by an approved institution of higher education involved; (2) the cost of books; and (3) laboratory expenses. (e) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under this section may be up to $400 per credit hour, but not to exceed $5,500 per year. If the commanding general determines that the amount available to provide assistance under this section in any year will be insufficient, the commanding general may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. (f) Relation to Other Assistance.--A member of the District of Columbia National Guard may receive financial assistance under this section in addition to assistance provided under any other provision of law, except that the member may not receive financial assistance under this section if the member receives a Reserve Officer Training Corps scholarship. (g) Administration.--The commanding general, in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of this section. Nothing in this section shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. (h) Repayment.--A member of the District of Columbia National Guard who receives assistance under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by subsection (b) or fails to comply with the eligibility conditions specified in subsection (c) shall be subject to the repayment provisions of section 303a(e) of title 37, United States Code. (i) Funding Sources and Gifts.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the commanding general to provide financial assistance under this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. (2) Transfer of funds.--The commanding general may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under this section. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the commanding general to provide financial assistance under this section. (3) Donations.--The commanding general concerned may accept, use, and dispose of donations of services or property for purposes of providing assistance under this section. (j) Definition.--In this section, the term ``approved institution of higher education'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- (1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) has entered into an agreement with the commanding general containing an assurance that funds made available under this section are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. (k) Implementation of Program.--Financial assistance may be provided under this section to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2007.

District of Columbia National Guard Retention and College Access Act - Authorizes the commanding general of the District of Columbia National Guard to provide financial assistance to members of the District of Columbia National Guard who satisfactorily complete initial active duty service and agree to serve for a period of not less than six years, to assist in them in covering expenses they incur while pursuing their first undergraduate, masters, vocational, or technical degree or certification at an approved institution of higher education. Limits such assistance to up to $400 per credit hour, but not to exceed $5,000 per year.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Peace Tax Fund Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The free exercise of religion is an inalienable right, protected by the First Amendment of the United States Constitution. (2) Congress reaffirmed this right in the Religious Freedom Restoration Act of 1993, as amended in 1998, which prohibits the Federal Government from imposing a substantial burden on the free exercise of religion unless it demonstrates that a compelling government interest is achieved by the least restrictive means. (3) Many people immigrated to America (including members of the Quaker, Mennonite, and Church of the Brethren faiths) to escape persecution for their refusal to participate in warfare, yet during the First World War hundreds of conscientious objectors were imprisoned in America for their beliefs. Some died while incarcerated as a result of mistreatment. (4) During the Second World War, ``alternative civilian service'' was established in lieu of military service, by the Selective Training and Service Act of 1940, to accommodate a wide spectrum of religious beliefs and practices. Subsequent case law also has expanded these exemptions, and has described this policy as one of ``... long standing tradition in this country ...'' affording ``the important value of reconciling individuality of belief with practical exigencies whenever possible. It dates back to colonial times and has been perpetuated in state and federal conscription statutes,'' and ``has roots deeply embedded in history.'' (Welsh v. United States, 1970, Justice Harlan concurring). During and since the Second World War thousands of conscientious objectors provided essential staff for mental hospitals and volunteered as human test subjects for arduous medical experiments, and provided other service for the national health, safety and interest. (5) Conscientious objectors have sought alternative service for their tax payments since that time. They request legal relief from government seizure of their homes, livestock, automobiles, and other property; and from having bank accounts attached, wages garnished, fines imposed, and imprisonment threatened, to compel them to violate their personal and religious convictions. (6) Conscientious objection to participation in war in any form based upon moral, ethical, or religious beliefs is recognized in Federal law, with provision for alternative service; but no such provision exists for taxpayers who are conscientious objectors and who are compelled to participate in war through the payment of taxes to support military activities. (7) The Joint Committee on Taxation has certified that a tax trust fund, providing for conscientious objector taxpayers to pay their full taxes for non-military purposes, would increase Federal revenues. SEC. 3. DEFINITIONS. (a) Designated Conscientious Objector.--For purposes of this Act, the term ``designated conscientious objector'' means a taxpayer who is opposed to participation in war in any form based upon the taxpayer's sincerely held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act (50 U.S.C. App. 456(j)), and who has certified these beliefs in writing to the Secretary of the Treasury in such form and manner as the Secretary provides. (b) Military Purpose.--For purposes of this Act, the term ``military purpose'' means any activity or program which any agency of the Government conducts, administers, or sponsors and which effects an augmentation of military forces or of defensive and offensive intelligence activities, or enhances the capability of any person or nation to wage war, including the appropriation of funds by the United States for-- (1) the Department of Defense; (2) the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 104a(4))); (3) the Selective Service System; (4) activities of the Department of Energy that have a military purpose; (5) activities of the National Aeronautics and Space Administration that have a military purpose; (6) foreign military aid; and (7) the training, supplying, or maintaining of military personnel, or the manufacture, construction, maintenance, or development of military weapons, installations, or strategies. SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND. (a) Establishment.--The Secretary of the Treasury shall establish an account in the Treasury of the United States to be known as the ``Religious Freedom Peace Tax Fund'', for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers who are designated conscientious objectors. The method of deposit shall be prescribed by the Secretary of the Treasury in a manner that minimizes the cost to the Treasury and does not impose an undue burden on such taxpayers. (b) Use of Religious Freedom Peace Tax Fund.--Monies deposited in the Religious Freedom Peace Tax Fund shall be allocated annually to any appropriation not for a military purpose. (c) Report.--The Secretary of the Treasury shall report to the Committees on Appropriations of the House of Representatives and the Senate each year on the total amount transferred into the Religious Freedom Peace Tax Fund during the preceding fiscal year and the purposes for which such amount was allocated in such preceding fiscal year. Such report shall be printed in the Congressional Record upon receipt by the Committees. The privacy of individuals using the Fund shall be protected. (d) Sense of Congress.--It is the sense of Congress that any increase in revenue to the Treasury resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund.

Religious Freedom Peace Tax Fund Act - Directs the Secretary of the Treasury to establish in the Treasury the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon their deeply held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified their beliefs in writing to the Secretary.Requires that: (1) amounts deposited in the Fund be allocated annually to any appropriation not for a military purpose; (2) the Secretary report to the House and Senate Appropriations Committees on the total amount transferred into the Fund during the preceding fiscal year and the purposes for which such amount was allocated; and (3) the privacy of individuals using the Fund be protected. Expresses the sense of Congress that any revenue increase resulting from the creation of the Fund be allocated in a manner consistent with its purposes.

To affirm the religious freedom of taxpayers who are conscientiously opposed to participation in war, to provide that the income, estate, or gift tax payments of such taxpayers be used for nonmilitary purposes, to create the Religious Freedom Peace Tax Fund to receive such tax payments, to improve revenue collection, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act''. SEC. 2. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Findings.--Congress finds the following: (1) The Consolidated Appropriations Act, 2016 (Public Law 114-113), which was signed by the President on December 18, 2015, included the following amounts to be appropriated to the Department of Veterans Affairs: (A) $35,000,000 to make seismic corrections to Building 208 at the West Los Angeles Medical Center of the Department in Los Angeles, California, which, according to the Department, is a building that is designated as having an exceptionally high risk of sustaining substantial damage or collapsing during an earthquake. (B) $158,000,000 to provide for the construction of a new research building, site work, and demolition at the San Francisco Veterans Affairs Medical Center. (C) $161,000,000 to replace Building 133 with a new community living center at the Long Beach Veterans Affairs Medical Center, which, according to the Department, is a building that is designated as having an extremely high risk of sustaining major damage during an earthquake. (D) $468,800,000 for construction projects that are critical to the Department for ensuring health care access and safety at medical facilities in Louisville, Kentucky, Jefferson Barracks in St. Louis, Missouri, Perry Point, Maryland, American Lake, Washington, Alameda, California, and Livermore, California. (2) The Department is unable to obligate or expend the amounts described in paragraph (1), other than for construction design, because the Department lacks an explicit authorization by an Act of Congress pursuant to section 8104(a)(2) of title 38, United States Code, to carry out the major medical facility projects described in such paragraph. (3) Among the major medical facility projects described in paragraph (1), three are critical seismic safety projects in California. (4) Every day that the critical seismic safety projects described in paragraph (3) are delayed increases the risk of a life-threatening building failure in the case of a major seismic event. (5) According to the United States Geological Survey-- (A) California has more than a 99-percent chance of experiencing an earthquake of magnitude 6.7 or greater in the next 30 years; (B) even earthquakes of less severity than magnitude 6.7 can cause life threatening damage to seismically unsafe buildings; and (C) in California, earthquakes of magnitude 6.0 or greater occur on average once every 1.2 years. (b) Authorization.--The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California, in an amount not to exceed $180,480,000. (2) Seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California, in an amount not to exceed $105,500,000. (3) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $287,100,000. (4) Construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California, in an amount not to exceed $87,332,000. (5) Realignment of medical facilities in Livermore, California, in an amount not to exceed $194,430,000. (6) Construction of a medical center in Louisville, Kentucky, in an amount not to exceed $150,000,000. (7) Construction of a replacement community living center in Perry Point, Maryland, in an amount not to exceed $92,700,000. (8) Seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington, in an amount not to exceed $16,260,000. (c) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2016 or the year in which funds are appropriated for the Construction, Major Projects, account, $1,113,802,000 for the projects authorized in subsection (b). (d) Limitation.--The projects authorized in subsection (b) may only be carried out using-- (1) funds appropriated for fiscal year 2016 pursuant to the authorization of appropriations in subsection (c); (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2016 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2016 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2016 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2016 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after fiscal year 2016 for a category of activity not specific to a project.

Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act This bill authorizes the Department of Veterans Affairs (VA) to carry out the following major medical facility projects (each with specified maximum authorized funds): seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California; seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California; seismic corrections to the mental health and community living center in Long Beach, California; construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California; realignment of medical facilities in Livermore, California; construction of a medical center in Louisville, Kentucky; construction of a replacement community living center in Perry Point, Maryland; and seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington. A specified amount is authorized to be appropriated to the VA for such projects for FY2016 or the year in which funds are appropriated for the Construction, Major Projects, account. Such projects may only be carried out using specified funds.

Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cooperative Antiterrorism Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The use of terrorism is detestable and an illegitimate means of political expression. (2) International terrorist organizations pose a direct threat to the United States, and this threat is becoming more acute and more difficult to prevent. (3) The threat from international terrorism is made far more dangerous by the proliferation of chemical, biological, and radiological weapons and the means to produce those weapons. (4) The prosecution of the war against international terrorist organizations must continue until those organizations and the threat they pose to the people and interests of the United States are eliminated. (5) The United States can only win the war on terrorism if it receives cooperation from other countries and entities. (6) Protecting the United States homeland and United States interests overseas from terrorism is of the highest priority in the foreign relations of the United States. (7) Cooperation in the global war against international terrorism must be a primary focus of United States foreign relations, United States assistance, and international security relations. (8) Winning the war on terrorism requires cooperation from the international community, especially in the areas of preventing the financing of terror, sharing information on international terror networks, eliminating terror cells, and in preventing the promotion of anti-Americanism and the glorification of terrorism in state-owned media and state- controlled schools. (9) The promotion of terrorism, intolerance, and virulent anti-Americanism in state-owned media and state-controlled education systems is abhorrent and poses a long-term threat to the safety and security of the United States as well as the community of nations. (10) All countries and entities must be encouraged to cooperate in the global war on international terrorism. (11) Many foreign governments and entities are doing little to counter proterrorist and prointolerance messages to mass audiences, including to school age children. (12) Countries providing direct or indirect assistance to international terrorist organizations undermine the direct security interests of the United States. (13) Countries demonstrating indifference to or providing actual endorsement of international terror as a legitimate political tool make a direct threat to the security interests of the United States. (14) The National Commission on Terrorism established by section 591 of the Foreign Operations Export Financing, and Related Programs Appropriations Act, 1999, as enacted by Public Law 105-277 (112 Stat. 2681-210), concluded that the United States should strengthen its efforts to discourage the broad range of assistance that countries provide to international terrorists. (15) The National Commission on Terrorism further recommends that the President make more effective use of authority to designate foreign governments as ``not fully cooperative'' with the United States counterterrorism efforts. (16) United States assistance programs and the transfer of United States Munitions List items are a critical tool of United States foreign policy and winning the global war on terrorism. (17) Countries receiving United States assistance and the export of items on the United States Munitions List must be obligated to support the global war on international terror. (18) Several existing laws, including the USA Patriot Act of 2001, the Antiterrorism and Effective Death Penalty Act of 1996, the Foreign Assistance Act of 1961, the Arms Export Control Act, and the Export Administration Act of 1979 (or successor statute), prohibit the provision of United States assistance, and the licensing for export of items on the United States Munitions List, to countries supporting terror or not fully cooperating in antiterror efforts of the United States. These laws should be expanded to include the definition of ``fully cooperative in the global war against international terrorism'' set forth in this Act, including preventing promotion of terror in state-owned and controlled media and educational systems. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States that-- (1) no United States assistance may be provided to any foreign country or entity that is not making a maximum effort to be fully cooperative in the global war against international terrorism; and (2) no license for export of an item on the United States Munitions List to a country or entity may be issued if that country or entity is not making a maximum effort to be fully cooperative in the war against international terrorism. SEC. 4. PROHIBITION ON UNITED STATES ASSISTANCE AND COMMERCIAL ARMS EXPORTS. (a) United States Assistance.--No United States assistance, other than humanitarian assistance and cooperative nonproliferation and counterproliferation programs, may be provided to any country or entity if the President determines that such country or entity is not making a maximum effort to be fully cooperative in the global war against international terrorism. (b) Commercial Arms Exports.--No license for the export of an item on the United States Munitions List to any country or entity may be issued if the President determines that such country or entity is not making a maximum effort to be fully cooperative in the global war against international terrorism. SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT. (a) Requirement for Report.--The President, in consultation with the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Director of Central Intelligence, shall prepare an annual report that-- (1) lists each country or entity for which the President has determined that there is credible evidence that such country or entity is not being fully cooperative in the global war against international terrorism under section 4; and (2) describes for each country or entity listed under paragraph (1)-- (A) the specific failures of each country or entity to be fully cooperative in the global war on international terrorism; (B) the reasons why such country or entity is not fully cooperative; (C) the efforts being made by the United States Government to promote greater adherence by such countries or entities with the global war on international terrorism; and (D) any removal of a country or entity from the list in paragraph (1). (b) Dissemination.--The report required by this section shall-- (1) be submitted to Congress every year by December 31; and (2) not be classified, except that the report may contain a classified addendum, if necessary. SEC. 6. PRESIDENTIAL WAIVER. United States assistance or exports prohibited by section 4 may be provided to a country or entity described in that section if the President-- (1) determines that permitting such assistance or exports is essential to the national security interests of the United States; and (2) not later than 15 days before permitting such assistance or exports, furnishes a report describing the United States assistance or exports to be provided to the appropriate committees of Congress. SEC. 7. DEFINITIONS. In this Act: (1) Expression of support for terrorism against the united states.--The term ``expression of support for terrorism against the United States'' means actions or expressions that are designed to provoke anti-American action, especially of a violent nature, or to glorify the use of violence against citizens or government officials of the United States. (2) Fully cooperative in the global war against international terrorism.--The term ``fully cooperative in the global war against international terrorism'' means a country or entity that is-- (A) preventing the financing of terrorism, including preventing-- (i) direct financial payments to any terrorist organization; (ii) any terrorist organization or any entity supporting a terrorist organization from receiving financial services such as brokering, lending, or transferring currency or credit; (iii) any person from soliciting funds or items of value for a terrorist group; and (iv) any humanitarian or other nongovernmental organization from providing financial support to terrorist organizations; (B) sharing intelligence information with the United States, including-- (i) releasing information to the United States related to any terrorist organization; (ii) cooperating in investigations conducted by the United States; and (iii) providing, to the extent possible, individuals suspected of or supporting terrorist organizations to United States investigators; and (C) acting against terrorist organizations, including-- (i) preventing terrorist organizations from committing or inciting to commit terrorist acts against the United States or its interests overseas; (ii) preventing terrorist organizations from operating safe houses or providing transportation, communication, false documentation, identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to terrorists; and (iii) in the cases of a country-- (I) investigating suspected terrorists within its national territory; (II) enforcing international agreements and United Nations Security Council Resolutions against terrorism; and (III) curbing any domestic expression of support for terrorism against the United States and its allies in state-owned media, state- sanctioned gatherings, state-governed religious institutions, and state- sanctioned school and textbooks. (3) Humanitarian assistance.--The term ``humanitarian assistance'' means any humanitarian goods and services, including foodstuffs, medicines, and health assistance programs. (4) Terrorist organization.--The term ``terrorist organization'' means an organization designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (5) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation); (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and (D) financing under the Export-Import Bank Act of 1945. (6) United states munitions list.--The term ``United States Munitions List'' means the defense articles and defense services controlled by the President under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

International Cooperative Antiterrorism Act of 2002 - Prohibits the provision of U.S. assistance (except humanitarian assistance and cooperative nonproliferation and counterproliferation programs), or the issuance of a license for the export of an item on the U.S. Munitions List, to any country or entity that the President has determined is not making a maximum effort to be fully cooperative in the global war against international terrorism. Authorizes the President to waive the requirements of this Act in the national security interests of the United States.

A bill to prohibit United States assistance and commercial arms exports to countries and entities supporting international terrorism.

SECTION 1. FINDINGS. Congress finds the following: (1) The First Special Service Force (in this Act referred to as the ``Force'') was organized as a joint American-Canadian unit activated in July 1942 at Fort Harrison near Helena, Montana. (2) The Force was initially intended to target military and industrial installations that were supporting the German war effort, including important hydroelectric plants, which would severely limit the production of strategic materials used by the Axis powers. (3) From July 1942 through June 1943, volunteers of the Force trained in hazardous, arctic conditions, in the mountains of western Montana, and the waterways of Camp Bradford, Virginia. (4) The combat echelon of the Force totaled 1,800 soldiers--half American, half Canadian. There were also 800 American members of the Service Battalion, which provided important support for the combat troops. (5) A special bond developed between the Canadian and American soldiers. They were not segregated by geography, although it was commanded by an American colonel. (6) The Force was unique, as it was the only unit formed during World War II consisting of troops from 2 different countries. (7) In October 1943, the Force went to Italy, where it fought in battles south of Cassino, including Monte La Difensa and Monte Majo. (8) These mountain peaks were a critical anchor of the German defense line, and on December 3, 1943, the Force's units ascended to the top of La Difensa's precipitous face. Climbing through the night, the battalion suffered heavy casualties and overcame fierce resistance to overtake the German line. (9) After La Difensa, the Force continued to fight tough battles at high altitudes, in rugged terrain, and in severe weather. After battles on the strongly defended Italian peaks of Sammucro, Vischiataro, and Remetanea, the Force's combat units had been reduced from 1,800 to fewer than 500. (10) In 1944, the Force went to the Anzio Beachhead for 4 months, engaging in raids and aggressive patrols. On June 4, 1944, members of the Force were the first Allied troops to liberate Rome. (11) After Rome, the Force moved to southern Italy, where it prepared to assist in the liberation of France. (12) During the early morning of August 15, 1944, the Force made silent landings on Les Iles D'Hyeres, small islands in the Mediterranean Sea along the southern coast of France. They faced a sustained and withering assault from the German garrisons, as the Force progressed from the islands to the Franco-Italian border. (13) After securing the Franco-Italian border, the United States Army ordered the disbandment of the First Special Service Force on December 5, 1944, in Nice, France. (14) In 251 days of combat, the Force suffered 2,314 casualties, or 134 percent of its combat strength. It captured more than 30,000 prisoners, won 5 United States campaign stars, and 8 Canadian battle honors. It never failed a mission. (15) The United States is forever indebted to the acts of bravery and selflessness of these troops, risking their lives in covert missions for the cause of freedom. (16) The unparalleled work of the Force along the seas and skies of Europe were critical in repelling the Nazi advance and liberating numerous French and Italian communities. (17) The bond between the American and Canadian service members has endured over the decades, as they continue to meet every year for reunions, alternating between Canada and the United States. (18) The traditions and honors exhibited by the First Special Service Force are carried forward with its lineage embracing outstanding active units of 2 great democracies in the Special Forces of the United States, the Canadian Airborne Regiment, and the Canadian Special Operations Regiment. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of 2 gold medals of appropriate design to the First Special Service Force, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award to Smithsonian and First Special Service Force Association.-- (1) In general.--Following the award of the gold medals in honor of the First Special Service Force, under subsection (a)-- (A) one gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research; and (B) one gold medal shall be given to the First Special Service Force Association in Helena, Montana. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution and the First Special Service Force Association should make the gold medals received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the First Special Service Force, including Fort William Henry Harrison in Helena, Montana. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUNDS; PROCEEDS OF SALE. (a) Authority To Use Funds.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of two gold medals to the First Special Service Force (a joint American-Canadian unit), collectively, in recognition of their World War II service. Directs one such gold medal to be given to the Smithsonian Institution and the other to the First Special Service Force Association in Helena, Montana. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions.

To grant the Congressional Gold Medal, collectively, to the First Special Service Force, in recognition of its superior service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstart VA Construction Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The buildings of the Department of Veterans Affairs have an average age of 60 years. (2) Since 2004, use of Department facilities has grown from 80 percent to 120 percent, while the condition of these facilities has eroded from 81 percent to 71 percent over that same period of time. (3) The Department currently manages and maintains more than 5,600 buildings and almost 34,000 acres of land. (4) More than 3,900 infrastructure gaps remain that will cost between $54,000,000,000 and $66,000,000,000 to close, including $10,000,000,000 in activation costs. (5) The Veterans Health Administration has 21 major construction projects dating to 2007 that have been only partially funded. (6) The total unobligated amount for all currently budgeted major construction projects exceeds $2,900,000,000. (7) To finish existing projects and to close current and future gaps, the Department will need to invest at least $23,200,000,000 over the next 10 years. (8) At current requested funding levels, it will take more than 67 years to complete the 10-year capital investment plan of the Department. SEC. 3. PROGRAM FOR THE CONSTRUCTION OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITY PROJECTS BY NON-FEDERAL ENTITIES UNDER PARTNERSHIP AGREEMENTS. (a) In General.--The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall enter into partnership agreements on a competitive basis with appropriate non-Federal entities for the construction of major construction projects authorized by law. (b) Selection of Projects.--The Secretary shall select major construction projects for completion by non-Federal entities under the program. Each project selected shall be a major medical facility project authorized by law for the construction of a new facility for which-- (1) Congress has appropriated any funds; (2) the design and development phase is complete; and (3) construction has not begun, as of the date of the enactment of this Act. (c) Agreements.--Each partnership agreement for a construction project under the program shall provide that-- (1) the non-Federal entity shall obtain any permits required pursuant to Federal and State laws before beginning to carry out construction; and (2) if requested by the non-Federal entity, the Secretary shall provide technical assistance for obtaining any necessary permits for the construction project. (d) Application.--To be eligible to participate in the program established under subsection (a), a non-Federal entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) A description of the project manager of each major construction project for which the Secretary enters into a partnership agreement under the program. (2) A description of the non-Federal contributions to the project and how future funding will be secured. (3) A description of the project management plan that the non-Federal entity will use to ensure concise and consistent communication of all parties involved in the project. (4) A description of metrics to monitor change order process times, with the intent of expediting any change order. (5) Expected costs associated with the project. (6) A description of construction timelines and milestones association with the project. (7) Such other information as the Secretary may require. (e) Matching Funds.--The Department of Veterans Affairs shall provide matching funds under this program-- (1) In general.--For any fiscal year, the Secretary shall provide to a non-Federal entity that enters into a partnership agreement with the Secretary under the program established under subsection (a) matching funds in an amount that does not exceed 50 percent of the amount expended by the non-Federal entity. (2) Rule of construction.--Paragraph one shall not be construed as a limitation on the amount that may be expended by a non-Federal entity for a fiscal year for a construction project covered by a partnership agreement under the program. (f) Comptroller General Report.--The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the program. (g) Deadline for Implementation.--The Secretary shall begin implementing the program under this section by not later than 180 days after the date of the enactment of this Act.

Jumpstart VA Construction Act This bill directs the Department of Veterans Affairs (VA) to enter into partnership agreements with non-federal entities for the construction of major medical construction projects authorized by law. Each selected project shall be for construction of a new facility for which: (1) Congress has appropriated funds, (2) the design and development phase is complete, and (3) construction has not begun as of the date of enactment of this Act.

Jumpstart VA Construction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Pharmaceuticals for Children Act''. SEC. 2. FINDINGS. Congress finds that-- (1) children are the future of the Nation and the preservation and improvement of child health is in the national interest; (2) the preservation and improvement of child health may require the use of pharmaceutical products; (3) children may metabolize drugs differently from adults and may require smaller doses or different forms of administration of the drugs; (4) the testing of drugs for safety and pharmacokinetics is necessary to ensure that the drugs are safe and effective for use by children; (5) it is estimated that 4 out of 5 drugs on the market in the United States have not been approved for use by children; (6) many other drugs are not manufactured in a form that permits young children to use such drugs and consequently untested and unapproved forms are often employed; (7) many of these drugs are nonetheless widely used by children or hold promise for use by children, despite the lack of approval, dosage, labeling, or formulation; (8) this Act is intended to encourage manufacturers to perform such research, to develop information about the safe and appropriate use of such drugs, and to label and formulate such drugs for use by children; (9) the National Institutes of Health, acting through the Pediatric Pharmacology Research Unit (PPRU) Network, has initiated research on appropriate pediatric indications for drugs that have not been approved for use by children; (10) the PPRU Network has performed such research with both public funding and private contracts with industry; (11) the Better Pharmaceuticals for Children Act, if enacted, will provide a range of private contractual opportunities for the PPRU Network to work with industry on research involving drugs that are protected by some form of patent or exclusivity and that are candidates for protection under this Act; (12) there will, nonetheless, remain a number of drugs that are in widespread use and that have not been approved for use by children, but that are not protected by some form of patent or exclusivity, and thus are not candidates for protection under this Act; (13) if this Act is enacted, the PPRU Network will continue to be well suited to continue to use public funds and such private funds as may be available to conduct research on such drugs for pediatric use; and (14) if this Act is enacted, the safety and effectiveness of the use of pharmaceuticals by children will be improved and the health of the children of this Nation health will benefit. SEC. 3. PEDIATRIC STUDIES MARKETING EXCLUSIVITY. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505 the following new section: ``SEC. 505A. PEDIATRIC STUDIES OF DRUGS. ``(a) Market Exclusivity for New Drugs.--If, prior to approval of an application that is submitted under section 505(b)(1) the Secretary determines that information relating to the use of a drug in the pediatric population may produce health benefits in that population, the Secretary makes a written request for pediatric studies (which may include a time frame for completing such studies), and such studies are completed within any such time frame and the reports thereof submitted in accordance with subsection (d)(2) or completed within any such time frame and the reports thereof are accepted in accordance with subsection (d)(3)-- ``(1)(A) the period during which an application may not be submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 shall be five years and six months rather than five years, and the references in subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 to four years, to forty-eight months, and to seven and one-half years shall be deemed to be four and one-half years, fifty-four months, and eight years, respectively; or ``(B) the period of market exclusivity under subsections (c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of section 505 shall be three years and six months rather than three years; and ``(2)(A) if the drug is the subject of-- ``(i) a listed patent for which a certification has been submitted under section 505 (b)(2)(A)(ii) or section (j)(2)(A)(vii)(II) and for which pediatric studies were submitted prior to the expiration of the patent (including any patent extensions), or ``(ii) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iii) or section 505(j)(2)(A)(vii)(III), the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions); or ``(B) if the drug is the subject of a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), 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)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions). ``(b) Secretary To Develop List of Drugs for Which Additional Pediatric Information May Be Beneficial.--Not later than 180 days after the date of enactment of this section, the Secretary, after consultation with experts in pediatric research (such as the American Academy of Pediatrics, the Pediatric Pharmacology Research Unit Network, and the United States Pharmacopoeia) shall develop, prioritize and publish an initial list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population. The Secretary shall annually update the list. ``(c) Market Exclusivity for Already-Marketed Drugs.--If the Secretary makes a written request for pediatric studies (which may include a time frame for completing such studies) concerning a drug identified in the list described in subsection (b) to the holder of an approved application under section 505(b)(1) for the drug, the holder agrees to the request, and the studies are completed within any such time frame and the reports thereof submitted in accordance with subsection (d)(2) or completed within any such time frame and the reports thereof accepted in accordance with subsection (d)(3)-- ``(1)(A) the period during which an application may not be submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 shall be five years and six months rather than five years, and the references in subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 to four years, to forty-eight months, and to seven and one-half years shall be deemed to be four and one-half years, fifty-four months, and eight years, respectively; or ``(B) the period of market exclusivity under subsections (c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of section 505 shall be three years and six months rather than three years; and ``(2)(A) if the drug is the subject of-- ``(i) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(ii) or (j)(2)(A)(vii)(II) and for which pediatric studies were submitted prior to the expiration of the patent (including any patent extensions), or ``(ii) a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iii) or section 505(j)(2)(A)(vii)(III), the period during which an application may not be approved under section 505(c)(3) or section 505(j)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions); or ``(B) if the drug is the subject of a listed patent for which a certification has been submitted under section 505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), 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)(4)(B) shall be extended by a period of six months after the date the patent expires (including any patent extensions). ``(d) Conduct of Pediatric Studies.-- ``(1) Agreement for studies.--The Secretary may, pursuant to a written request for studies, after consultation with-- ``(A) the sponsor of an application for an investigational new drug under section 505(i), ``(B) the sponsor of an application for a drug under section 505(b)(1), or ``(C) the holder of an approved application for a drug under section 505(b)(1), agree with the sponsor or holder for the conduct of pediatric studies for such drug. ``(2) Written protocols to meet the studies requirement.-- If the sponsor or holder and the Secretary agree upon written protocols for the studies, the studies requirement of subsection (a) or (c) is satisfied upon the completion of the studies and submission of the reports thereof in accordance with the original written request and the written agreement referred to in paragraph (1). Not later than 60 days after the submission of the report of the studies, the Secretary shall determine if such studies were or were not conducted in accordance with the original written request and the written agreement and reported in accordance with the requirements of the Secretary for filing and so notify the sponsor or holder. ``(3) Other methods to meet the studies requirement.--If the sponsor or holder and the Secretary have not agreed in writing on the protocols for the studies, the studies requirement of subsection (a) or (c) is satisfied when such studies have been completed and the reports accepted by the Secretary. Not later than 90 days after the submission of the reports of the studies, the Secretary shall accept or reject such reports and so notify the sponsor or holder. The Secretary's only responsibility in accepting or rejecting the reports shall be to determine, within the 90 days, whether the studies fairly respond to the written request, whether such studies have been conducted in accordance with commonly accepted scientific principles and protocols, and whether such studies have been reported in accordance with the requirements of the Secretary for filing. ``(e) Delay of Effective Date for Certain Applications; Period of Market Exclusivity.--If the Secretary determines that the acceptance or approval of an application under section 505(b)(2) or 505(j) for a drug may occur after submission of reports of pediatric studies under this section, which were submitted prior to the expiration of the patent (including any patent extension) or market exclusivity protection, but before the Secretary has determined whether the requirements of subsection (d) have been satisfied, the Secretary shall delay the acceptance or approval under section 505(b)(2) or 505(j), respectively, until the determination under subsection (d) is made, but such delay shall not exceed 90 days. In the event that requirements of this section are satisfied, the applicable period of market exclusivity referred to in subsection (a) or (c) shall be deemed to have been running during the period of delay. ``(f) Notice of Determinations on Studies Requirement.--The Secretary shall publish a notice of any determination that the requirements of subsection (d) have been met and that submissions and approvals under section 505(b)(2) or (j) for a drug will be subject to the provisions of this section. ``(g) Definitions.--As used in this section, the term `pediatric studies' or `studies' means at least one clinical investigation (that, at the Secretary's discretion, may include pharmacokinetic studies) in pediatric age-groups in which a drug is anticipated to be used. ``(h) Limitation.--The holder of an approved application for a new drug that has already received six months of market exclusivity under subsection (a) or subsection (c) may, if otherwise eligible, obtain six months of market exclusivity under subsection (c)(1)(B) for a supplemental application, except that the holder is not eligible for exclusivity under subsection (c)(2).'' ``(i) Sunset.--No period of market exclusivity shall be granted under this section based on studies commenced after January 1, 2004. The Secretary shall conduct a study and report to Congress not later than January 1, 2003 based on the experience under the program. The study and report shall examine all relevant issues, including-- ``(1) the effectiveness of the program in improving information about important pediatric uses for approved drugs; ``(2) the adequacy of the incentive provided under this section; ``(3) the economic impact of the program; and ``(4) any suggestions for modification that the Secretary deems appropriate.''.

Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to allow for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population.

Better Pharmaceuticals for Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Access and Awareness Act''. SEC. 2. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following section: ``SEC. 416. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY. ``(a) Limitation on Applicability.--Notwithstanding the other subsections of this section, this section does not apply to any dietary supplement that meets the conditions described in paragraphs (1) and (2), as follows: ``(1) The supplement bears or contains one or more of the following dietary ingredients: ``(A) A vitamin. ``(B) A mineral. ``(C) A concentrate, metabolite, constituent, extract, or combination of any vitamin or mineral. ``(2) The supplement does not bear or contain-- ``(A) an herb or other botanical, an amino acid, or a dietary substance for use by man to supplement the diet by increasing the total dietary intake; or ``(B) a concentrate, metabolite, constituent, extract, or combination of any ingredient specified in subparagraph (A). ``(b) Product Listing.--Every person who is required under section 415 to register with the Secretary with respect to manufacturing or processing a dietary supplement shall, in the form and manner prescribed by the Secretary, report to the Secretary twice each year, once during the month of June and once during the month of December, the following information: ``(1) A list of each dietary supplement manufactured or processed by the person for commercial distribution in the United States, other than dietary supplements previously included on a list reported under this subsection by the person. ``(2) The labeling for each of the dietary supplements on the list. ``(3) A listing of the major ingredients of each dietary supplement on the list (including active ingredients, as applicable), except that the Secretary may require the submission of a quantitative listing of all ingredients in such a supplement if the Secretary finds that such submission is necessary to carry out the purposes of this Act. ``(4) If, since the date the person last made a report under this subsection (or if the person has not previously made such a report, since the effective date of this section), the person has discontinued the manufacture or processing of a dietary supplement included on a list reported under this subsection by the person-- ``(A) notice of such discontinuance; ``(B) the date of such discontinuance; and ``(C) the identity of such supplement. ``(5) Such other information describing the dietary supplements as the Secretary may by regulation require. ``(c) Reporting of Information on Adverse Experiences.-- ``(1) Serious experiences.--Each person who is a manufacturer or distributor of a dietary supplement shall report to the Secretary any information received by such person on serious adverse experiences regarding the supplement. Such a report shall be submitted to the Secretary not later than 15 days after the date on which the person receives such information. ``(2) Investigation and follow-up.--A person submitting a report under paragraph (1) on a serious adverse experience shall promptly investigate the experience, and if additional information is obtained, shall report the information to the Secretary not later than 15 days after obtaining the information. If no additional information is obtained, records of the steps taken to seek additional information shall be maintained by the person. ``(3) Authority of secretary.--In addition to requirements established in this subsection, the Secretary may establish such requirements regarding the reporting of information on adverse experiences as the Secretary determines to be appropriate to protect the public health. The Secretary may establish waivers from requirements under this subsection regarding such information if the Secretary determines that compliance with the requirement involved is not necessary to protect the public health regarding such supplements. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `adverse experience regarding a dietary supplement' means any adverse event associated with the use of such supplement in humans, whether or not such event is considered to be related to the supplement by a person referred to in paragraph (1) who obtains the information. ``(B) The term `serious', with respect to an adverse experience regarding a dietary supplement, means an adverse experience that-- ``(i) results in death; a life-threatening condition; inpatient hospitalization or prolongation of hospitalization; a persistent or significant disability or incapacity; or a congenital anomaly, birth defect, or other effect regarding pregnancy, including premature labor or low birth weight; or ``(ii) requires medical or surgical intervention to prevent one of the outcomes described in clause (i). ``(d) Postmarket Surveillance.--The Secretary may by order require a manufacturer of a dietary supplement to conduct postmarket surveillance for the supplement if the Secretary determines that there is a reasonable possibility that a use or expected use of the supplement may have serious adverse health consequences. ``(e) Authority to Order Demonstration of Safety.-- ``(1) In general.--If the Secretary has reasonable grounds for believing that a dietary supplement may be adulterated under section 402(f)(1), the Secretary may by order require the manufacturer to demonstrate to the Secretary that the supplement is not so adulterated. ``(2) Distribution of product pending completion of process.-- ``(A) In general.--Subject to subparagraph (B), a dietary supplement may not be considered adulterated under section 402(f)(1) during the pendency of a demonstration under paragraph (1) by the manufacturer of the supplement and during the pendency of the review under paragraph (4) by the Secretary with respect to the demonstration. ``(B) Imminent hazard to public health or safety.-- This subsection does not affect the authority of the Secretary under section 402(f)(1)(C). ``(3) Timeframe for demonstration.-- ``(A) In general.--An order under paragraph (1) shall provide that the demonstration under such paragraph by a manufacturer is required to be completed not later than the expiration of 180 days after the date on which the order is issued, except that the Secretary may extend such period if the Secretary determines that an extension is appropriate. Any information submitted for such purpose by the manufacturer after the expiration of the applicable period under the preceding sentence may not be considered by the Secretary, except to the extent that the Secretary requests the manufacturer to provide additional information after such period. ``(B) Completion date of demonstration.--A demonstration under paragraph (1) shall be considered complete on the expiration of the applicable period under subparagraph (A), or on such earlier date as the manufacturer informs the Secretary that the manufacturer has completed the demonstration, or on such earlier date as the Secretary reasonably concludes that the manufacturer has no further information to provide to the Secretary as part of the demonstration or that the manufacturer is not in substantial compliance with the order under paragraph (1). ``(4) Review by secretary.--Once a demonstration under paragraph (1) by a manufacturer is completed, the Secretary shall review all relevant information received by the Secretary pursuant to the demonstration or otherwise available to the Secretary and make a determination of whether the Secretary considers the dietary supplement involved to be adulterated under section 402(f)(1). Such determination shall be made not later than 180 days after the completion of the demonstration. ``(5) Requirements regarding demonstrations.--The Secretary may, by order or by regulation, establish requirements for demonstrations under paragraph (1). ``(6) Relation to other procedures.--In the case of a dietary supplement with respect to which the Secretary has not issued an order under paragraph (1), this subsection may not be construed as preventing the Secretary from acting pursuant to section 402(f)(1) to the same extent and in the same manner as would apply in the absence of this subsection. In the case of a dietary supplement with respect to which the Secretary has issued an order under paragraph (1), a determination under paragraph (4) that the supplement is not adulterated under section 402(f)(1) does not prevent the Secretary from making a determination, on the basis of additional information obtained by the Secretary, that the supplement is so adulterated. ``(f) Sales to Minors; Significant Risk.-- ``(1) Criteria.--Not later than the expiration of the two- year period beginning on the date of the enactment of the Dietary Supplement Access and Awareness Act, the Secretary shall by regulation establish criteria for making a determination that a dietary supplement may pose a significant risk to individuals who are under the age of 18 (referred to in this section individually as a `minor'). ``(2) Product determination; prohibited act.--The Secretary may, by order or by regulation, make a determination described in paragraph (1) with respect to a dietary supplement. Effective upon the expiration of a period designated by the Secretary in publishing such determination in the Federal Register, the act of selling the dietary supplement to a minor shall be deemed to be an act which results in such supplement being misbranded while held for sale. During the two-year period referred to in paragraph (1), an order making such a determination may be issued notwithstanding that criteria have not yet been established in accordance with such paragraph. ``(g) Recordkeeping on Safety Issues.-- ``(1) In general.--The Secretary shall by regulation require manufacturers of dietary supplements to maintain records regarding reports of serious adverse experiences under subsection (c) and records regarding compliance with section 402. ``(2) Retention period.--Regulations under paragraph (1) shall specify the number of years for which records required in such paragraph are required to be retained, except that, if under section 402(g)(1) the Secretary makes a determination that expiration date labeling is necessary for dietary supplements, records regarding dietary supplements in a lot shall be retained for not less than one year after the expiration date of supplements in the lot.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The failure of a person to comply with any requirement under section 416, other than an order under subsection (e)(1) of such section.''. (2) Adulterated dietary supplements.-- (A) Order regarding demonstration of safety.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(i) If it is a dietary supplement and the manufacturer of the supplement fails to comply with an order of the Secretary under section 416(e)(1) that is issued with respect to the supplement.''. (B) Certain court procedures.--Section 402(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(f)) is amended in subparagraph (1) by striking the matter after and below clause (D) of such subparagraph. (3) Trade secrets.--Section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by inserting ``416,'' after ``414,''. (c) Inspection Authority.--Section 704(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended-- (1) in paragraph (1), by inserting after the second sentence the following: ``In the case of any person who manufactures, processes, packs, transports, distributes, holds, or imports a dietary supplement with respect to which an order under section 416(e)(1) has been issued, the inspection shall extend to all records, files, papers, processes, controls, and facilities bearing on whether the dietary supplement is adulterated under section 402(f)(1).''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``third sentence'' and inserting ``fourth sentence''. SEC. 3. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS. (a) Health Care Professionals.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall carry out a program to educate health professionals on the importance of reporting to the Food and Drug Administration adverse health experiences that are associated with dietary supplements. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2004, in addition to any other authorization of appropriations that is available with respect to such purpose. (b) Consumers.-- (1) In general.--The Secretary, acting through the Commissioner of Food and Drugs, shall carry out a program to educate consumers of dietary supplements on the importance of informing their health professionals of the dietary supplements and drugs the consumers are taking. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2004, in addition to any other authorization of appropriations that is available with respect to such purpose.

Dietary Supplement Access and Awareness Act - Amends the Federal Food, Drug, and Cosmetic Act to require reports to the Secretary of Health and Human Services by: (1) manufacturers and processors of dietary supplements respecting dietary supplement product listing (including labeling, ingredient, and discontinuance information); and (2) manufacturers and distributors of dietary supplements respecting serious adverse experiences resulting from a supplement's use (requires manufacturer or distributor investigation of such occurrence). Authorizes the Secretary to require a manufacturer to: (1) provide postmarket surveillance if there is a reasonable possibility of a supplement causing adverse health consequences; and (2) demonstrate that a supplement is not adulterated if the Secretary has reasonable grounds for believing that a supplement may be adulterated (permits distribution during such demonstration period unless determined to be an imminent public health hazard, and requires a final determination of adulteration by the Secretary). Deems a supplement as adulterated for noncompliance with such safety demonstration provisions. Authorizes the Secretary to make a determination that a dietary supplement may pose a significant risk to individuals under the age of 18, and prohibit (as misbranded while held for sale) the supplement's sale to such individuals. Includes among prohibited acts failure to comply with the requirements added by this Act (other than safety demonstration requirements). Extends inspection authority to records, controls, and facilities related to a determination of supplement adulteration. Directs the Secretary to carry out dietary supplement education programs for health care professionals and consumers.

To amend the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preservation of Antibiotics for Medical Treatment Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS Sec. 101. Proof of safety of critical antimicrobial animal drugs. TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE Sec. 201. Collection of data on critical antimicrobial animal drugs produced for agricultural use. SEC. 2. FINDINGS. The Congress finds that-- (1)(A) in January 2001, a Federal interagency task force released an action plan to address the continuing decline in effectiveness of antibiotics against common bacterial infections, referred to as antibiotic resistance; (B) the task force determined that antibiotic resistance is a growing menace to all people and poses a serious threat to public health; and (C) the task force cautioned that if current trends continue, treatments for common infections will become increasingly limited and expensive, and, in some cases, nonexistent; (2) antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections or a large influx of hospitalized patients; (3)(A) any overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture; and (B) recognizing the public health threat caused by antibiotic resistance, Congress took several steps to curb antibiotic overuse in human medicine through amendments to the Public Health Service Act (42 U.S.C. 201 et seq.) made by section 102 of the Public Health Threats and Emergencies Act (Public Law 106-505, title I; 114 Stat. 2315), but has not yet addressed antibiotic overuse in agriculture; (4) in a March 2003 report, the National Academy of Sciences stated that-- (A) a decrease in antimicrobial use in human medicine alone will have little effect on the current situation; and (B) substantial efforts must be made to decrease inappropriate overuse in animals and agriculture; (5)(A) an estimated 70 percent of the antibiotics and other antimicrobial drugs used in the United States are fed to farm animals for nontherapeutic purposes, including-- (i) growth promotion; and (ii) compensation for crowded, unsanitary, and stressful farming and transportation conditions; and (B) unlike human use of antibiotics, these nontherapeutic uses in animals typically do not require a prescription; (6)(A) many scientific studies confirm that the nontherapeutic use of antibiotics in agricultural animals contributes to the development of antibiotic-resistant bacterial infections in people; (B) the periodical entitled ``Clinical Infectious Diseases'' published a report in June 2002, based on a 2-year review by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture; and (C) the report recommended that antimicrobial agents should no longer be used in agriculture in the absence of disease, but should be limited to therapy for diseased individual animals and prophylaxis when disease is documented in a herd or flock; (7) the United States Geological Survey reported in March 2002 that-- (A) antibiotics were present in 48 percent of the streams tested nationwide; and (B) almost half of the tested streams were downstream from agricultural operations; (8) an April 1999 study by the General Accounting Office concluded that resistant strains of 3 microorganisms that cause food-borne illness or disease in humans--Salmonella, Campylobacter, and E. coli--are linked to the use of antibiotics in animals; (9)(A) in January 2003, Consumer Reports published test results on poultry products bought in grocery stores nationwide showing disturbingly high levels of Campylobacter and Salmonella bacteria that were resistant to antibiotics used to treat food-borne illnesses; and (B) further studies showed similar results in other meat products; (10) in October 2001, the New England Journal of Medicine published an editorial urging a ban on nontherapeutic use of medically important antibiotics in animals; (11)(A) in 1999, the European Union banned the practice of feeding medically important antibiotics to animals other than for disease treatment or control, and prior to that, individual European countries had banned the use of specific antibiotics in animal feed; and (B) those countries have experienced no significant impact on animal health or productivity, food safety, or meat prices, and more importantly, levels of resistant bacteria have declined sharply; (12) in 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society and individuals yearly; (13) a year later, the National Academy of Sciences estimated that eliminating the use of all antibiotics as feed additives would cost each American consumer less than $5 to $10 per year; (14) the American Medical Association, the American Public Health Association, the National Association of County and City Health Officials, and the National Campaign for Sustainable Agriculture, are among the more than 300 organizations representing health, consumer, agricultural, environmental, humane, and other interests that support enactment of legislation to phase out nontherapeutic use in farm animals of medically important antibiotics; (15) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (A) requires that all drugs be shown to be safe before the drugs are approved; and (B) places the burden on manufacturers to account for health consequences and prove safety; (16)(A) the Food and Drug Administration recently modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety; (B) however, most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began giving in-depth consideration to resistance during the drug-approval process; and (C) the Food and Drug Administration has not established a schedule for reviewing those existing approvals; and (17) certain non-routine uses of antibiotics in animal agriculture are legitimate to prevent animal disease. SEC. 3. PURPOSE. The purpose of this Act is to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases by phasing out use of certain antibiotics for nontherapeutic purposes in food-producing animals. TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS SEC. 101. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS. (a) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(nn) Critical Antimicrobial Animal Drug.--The term `critical antimicrobial animal drug' means a drug that-- ``(1) is intended for use in food-producing animals; and ``(2) is composed wholly or partly of-- ``(A) any kind of penicillin, tetracycline, bacitracin, macrolide, lincomycin, streptogramin, aminoglycoside, or sulfonamide; or ``(B) any other drug or derivative of a drug that is used in humans or intended for use in humans to treat or prevent disease or infection caused by microorganisms. ``(oo) Nontherapeutic Use.--The term `nontherapeutic use', with respect to a critical antimicrobial animal drug, means any use of the drug as a feed or water additive for an animal in the absence of any clinical sign of disease in the animal for growth promotion, feed efficiency, weight gain, routine disease prevention, or other routine purpose.''. (b) Applications Pending or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in the first sentence-- (A) in subparagraph (H), by striking ``or'' at the end; (B) by redesignating subparagraph (I) as subparagraph (J); and (C) by inserting after subparagraph (H) the following: ``(I) with respect to a critical antimicrobial animal drug or a drug of the same chemical class as a critical antimicrobial animal drug, the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of the drug; or''; and (2) in the second sentence, by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (c) Phased Elimination of Nontherapeutic Use in Animals of Critical Antimicrobial Animal Drugs Important for Human Health.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Phased Elimination of Nontherapeutic Use in Animals of Critical Antimicrobial Animal Drugs Important for Human Health.-- ``(1) Applicability.--This subsection applies to the nontherapeutic use in a food-producing animal of a drug-- ``(A)(i) that is a critical antimicrobial animal drug; or ``(ii) that is of the same chemical class as a critical antimicrobial animal drug; and ``(B)(i) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or ``(ii) that is otherwise marketed for use. ``(2) Withdrawal.--The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless-- ``(A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. ``(3) Exemptions.--Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a critical antimicrobial animal drug, the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the critical antimicrobial animal drug, or of a drug in the same chemical class as the critical antimicrobial animal drug, as of the date that is 2 years after the date on which the Secretary grants the exemption. ``(4) Approvals.--Except as provided in paragraph (5), if an application for a drug that is a critical antimicrobial animal drug is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the critical antimicrobial animal drug, or of a drug in the same chemical class as the critical antimicrobial animal drug, as of the date that is 2 years after the date on which the application is submitted to the Secretary. ``(5) Exception.--Paragraph (3) or (4), as the case may be, shall not apply if-- ``(A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food- producing animal of the critical antimicrobial animal drug; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the critical antimicrobial animal drug conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug.''. TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE SEC. 201. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 (21 U.S.C. 360b) the following: ``SEC. 512A. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS. ``(a) In General.--Not later than July 1 of each year, a manufacturer of a critical antimicrobial animal drug or an animal feed for food-producing animals bearing or containing a critical antimicrobial animal drug shall submit to the Secretary a report, in such form as the Secretary shall require, containing information on the sales during the previous calendar year of the critical antimicrobial animal drug or the animal feed. ``(b) Information to Be Included.--A report under subsection (a) shall-- ``(1) state separately the quantity of the critical antimicrobial animal drug, including such quantity in animal feed bearing or containing the critical antimicrobial drug, sold for each kind of food-producing animal; ``(2) describe the claimed purpose of use for the drug for each kind of food-producing animal as being for growth promotion, weight gain, feed efficiency, disease prevention, disease control, disease treatment, or another purpose; and ``(3) describe the dosage form of the drug. ``(c) Publication.-- ``(1) In general.--The Secretary shall make the information submitted under subsection (a) available to the public not less than annually. ``(2) Protection of confidentiality.--The Secretary may aggregate information, if necessary, so as to avoid disclosure under paragraph (1) of confidential business information.''. (b) Violation.--Subsection (e) of section 301 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking ``515(f)'' and inserting ``512A, 515(f)''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2005.

Preservation of Antibiotics for Medical Treatment Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to provide for a phased elimination of the nontherapeutic use in food-producing animals of critical antimicrobial animal drugs. Defines "critical antimicrobial animal drug" and "nontherapeutic use." Requires manufacturers of a critical antimicrobial animal drug or an animal feed for food-producing animals containing such a drug to report annual sales information.

To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Older Workers Against Discrimination Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In enacting section 107 of the Civil Rights Act of 1991 (adding section 703(m) of the Civil Rights Act of 1964), Congress reaffirmed its understanding that unlawful discrimination is often difficult to detect and prove because discriminators do not usually admit their discrimination and often try to conceal their true motives. Section 703(m) of the Civil Rights Act of 1964 expressly approved so-called ``mixed motive'' claims, providing that an unlawful employment practice is established when a protected characteristic was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Congress enacted amendments to other civil rights statutes, including the Age Discrimination in Employment Act of 1967 (referred to in this section as the ``ADEA''), the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973, but Congress did not expressly amend those statutes to address mixed motive discrimination. (3) In the case of Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), the Supreme Court held that, because Congress did not expressly amend the ADEA to address mixed motive claims, such claims were unavailable under the ADEA, and instead the complainant bears the burden of proving that a protected characteristic or protected activity was the ``but for'' cause of an unlawful employment practice. This decision has significantly narrowed the scope of protections afforded by the statutes that were not expressly amended in 1991 to address mixed motive claims. (b) Purposes.--The purposes of this Act are-- (1) to clarify congressional intent that mixed motive claims shall be available, and that a complaining party need not prove that a protected characteristic or protected activity was the ``but for'' cause of an unlawful employment practice, under the ADEA and similar civil rights provisions; (2) to reject the Supreme Court's reasoning in the Gross decision that Congress' failure to amend any statute other than title VII of the Civil Rights Act of 1964 (with respect to discrimination claims), in enacting section 107 of the Civil Rights Act of 1991, suggests that Congress intended to disallow mixed motive claims under other statutes; and (3) to clarify that complaining parties-- (A) may rely on any type or form of admissible evidence to establish their claims of an unlawful employment practice; (B) are not required to demonstrate that the protected characteristic or activity was the sole cause of the employment practice; and (C) may demonstrate an unlawful employment practice through any available method of proof or analytical framework. SEC. 3. STANDARDS OF PROOF. (a) Age Discrimination in Employment Act of 1967.-- (1) Clarifying prohibition against impermissible consideration of age in employment practices.--Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following: ``(g)(1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. ``(2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and ``(B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice.''. (2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is amended-- (A) in subsection (b)-- (i) in the first sentence, by striking ``The'' and inserting ``(1) The''; (ii) in the third sentence, by striking ``Amounts'' and inserting the following: ``(2) Amounts''; (iii) in the fifth sentence, by striking ``Before'' and inserting the following: ``(4) Before''; and (iv) by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: ``(3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and ``(B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''; and (B) in subsection (c)(1), by striking ``Any'' and inserting ``Subject to subsection (b)(3), any''. (3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is amended by adding at the end the following: ``(m) The term `demonstrates' means meets the burdens of production and persuasion.''. (4) Federal employees.--Section 15 of such Act (29 U.S.C. 633a) is amended by adding at the end the following: ``(h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section.''. (b) Title VII of the Civil Rights Act of 1964.-- (1) Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection (m) and inserting the following: ``(m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.''. (2) Federal employees.--Section 717 of such Act (42 U.S.C. 2000e-16) is amended by adding at the end the following: ``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section.''. (c) Americans With Disabilities Act of 1990.-- (1) Definitions.--Section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following: ``(11) Demonstrates.--The term `demonstrates' means meets the burdens of production and persuasion.''. (2) Clarifying prohibition against impermissible consideration of disability in employment practices.--Section 102 of such Act (42 U.S.C. 12112) is amended by adding at the end the following: ``(e) Proof.-- ``(1) Establishment.--Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. ``(2) Demonstration.--In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and ``(B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice.''. (3) Certain antiretaliation claims.--Section 503(c) of such Act (42 U.S.C. 12203(c)) is amended-- (A) by striking ``The remedies'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the remedies''; and (B) by adding at the end the following: ``(2) Certain antiretaliation claims.--Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I.''. (4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is amended by adding at the end the following: ``(c) Discriminatory Motivating Factor.--On a claim in which an individual demonstrates that disability was a motivating factor for any employment practice, under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and ``(2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''. (d) Rehabilitation Act of 1973.-- (1) In general.--Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f), 793(d), and 794(d)), are each amended by adding after the words ``title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)'' the following: ``, including the standards of causation or methods of proof applied under section 102(e) of that Act (42 U.S.C. 12112(e)),''. (2) Federal employees.--The amendment made by paragraph (1) to section 501(f) shall be construed to apply to all employees covered by section 501. SEC. 4. APPLICATION. This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.

Protecting Older Workers Against Discrimination Act This bill amends the Age Discrimination in Employment Act of 1967 to establish an unlawful employment practice when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). The bill: (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in Gross v. FBL Financial Services, Inc., which requires a complainant to prove that age was the "but-for" cause for the employer's decision). The bill authorizes a court in a claim in which age discrimination is shown to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.

Protecting Older Workers Against Discrimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016'' or the ``PROTECT Act''. SEC. 2. RETALIATION. (a) Establishment of Offense.--Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 907 (article 107 of the Uniform Code of Military Justice) the following new section (article): ``Sec. 907a. Art. 107a. Retaliation ``Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense-- ``(1) wrongfully takes or threatens to take an adverse personnel action against any person; or ``(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; shall be punished as a court-martial may direct.''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after the item relating to section 907 (article 107 of the Uniform Code of Military Justice) the following new item: ``907a. 107a. Retaliation.''. SEC. 3. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION AND ACCESSIBILITY. (a) In General.--Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): ``Sec. 940a. Art. 140a. Case management; data collection and accessibility ``The Secretary of Defense shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts: ``(1) Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decisionmaking within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146). ``(2) Case processing and management. ``(3) Timely, efficient, and accurate production and distribution of records of trial within the military justice system. ``(4) Facilitation of access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter XI of chapter 47 of title 10, United States Code, is amended by adding at the end the following item: ``940a. 140a. Case management; data collection and accessibility.''. (c) Effective Dates.-- (1) Implementation.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a). (2) Deadline for standards and criteria.--Not later than four years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect. SEC. 4. IMPROVED INVESTIGATION OF ALLEGATIONS OF PROFESSIONAL RETALIATION. Section 1034(c)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(F) The Secretary concerned shall ensure that any individual investigating an allegation as described in paragraph (1) must have training in the definition and characteristics of retaliation. In addition, if the investigation involves alleged retaliation in response to a communication regarding a violation of a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), the training shall include specific instruction regarding such violations.''. SEC. 5. ANNUAL REPORT ON INFORMATION RECEIVED BY DEPARTMENT OF DEFENSE FAMILY ADVOCACY PROGRAMS REGARDING UNWANTED SEXUAL CONTACT BY MEMBERS OF THE ARMED FORCES. Not later than January 31, 2017, and each January 31 thereafter through January 31, 2021, the Secretary of each military department shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing information regarding each report of unwanted sexual contact committed by a member of the Armed Forces against a domestic partner or child of the member that was received by a family advocacy program of the Department of Defense during the preceding year covered by the report. SEC. 6. SENSE OF CONGRESS REGARDING PLIGHT OF MALE VICTIMS OF MILITARY SEXUAL TRAUMA. (a) Finding.--Congress finds that the plight of male victims of military sexual trauma remains in the shadows due a lack of social awareness on the issue of male victimization. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should-- (1) enhance victims' access to intensive medical and mental health treatment for military sexual trauma treatment; (2) look for opportunities to utilize male survivors of sexual assault as presenters during annual Sexual Assault Preventions and Response training; and (3) ensure Department of Defense medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions require that any person subject to the code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense, wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct. The Department of Defense (DOD) shall prescribe uniform standards for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes: collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making and enhances the quality of periodic reviews; case processing and management; timely and accurate production and distribution of trial records; and facilitation of access to docket information, filings, and records. Each military department shall ensure that any individual investigating an allegation of retaliation against a person who has made a protected communication must have training in the definition and characteristics of retaliation. If the investigation involves alleged retaliation in response to a communication regarding rape, sexual assault, or other sexual misconduct, the training shall include specific instruction regarding such violations. It is the sense of Congress that DOD should ensure that its medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

PROTECT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgement. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. ``Sec. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulation (or a successor regulation). ``(b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act Extends federal recognition to the Lumbee Tribe of North Carolina, which makes its members eligible for the services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be within the delivery area for such services. Authorizes the Secretary of the Interior to take land into trust for the Tribe. Prohibits the Tribe from conducting gaming activities. Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the Tribe.

Lumbee Recognition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2013''. SEC. 2. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not promulgate as final an energy-related rule that is estimated to cost more than $1 billion if the Secretary of Energy determines under section 3(3) that the rule will cause significant adverse effects to the economy. SEC. 3. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. Before promulgating as final any energy-related rule that is estimated to cost more than $1 billion: (1) Report to congress.--The Administrator of the Environmental Protection Agency shall submit to Congress a report (and transmit a copy to the Secretary of Energy) containing-- (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D)(i) an estimate of the total benefits of the rule and when such benefits are expected to be realized; (ii) a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and (iii) a certification that all data and documents relied upon by the Agency in developing such estimates-- (I) have been preserved; and (II) are available for review by the public on the Agency's Web site, except to the extent to which publication of such data and documents would constitute disclosure of confidential information in violation of applicable Federal law; (E) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (F) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts.--The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause-- (A) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) any impact on fuel diversity of the Nation's electricity generation portfolio or on national, regional, or local electric reliability; (C) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (D) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (3) Subsequent determination on adverse effects to the economy.--If the Secretary of Energy determines, under paragraph (2), that the rule will cause an increase, impact, or effect described in such paragraph, then the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (A) determine whether the rule will cause significant adverse effects to the economy, taking into consideration-- (i) the costs and benefits of the rule and limitations in calculating such costs and benefits due to uncertainty, speculation, or lack of information; and (ii) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of such determination in the Federal Register. SEC. 4. DEFINITIONS. In this Act: (1) The terms ``direct costs'' and ``indirect costs'' have the meanings given such terms in chapter 8 of the Environmental Protection Agency's ``Guidelines for Preparing Economic Analyses'' dated December 17, 2010. (2) The term ``energy-related rule that is estimated to cost more than $1 billion'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator of the Environmental Protection Agency or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) The term ``rule'' has the meaning given to such term in section 551 of title 5, United States Code. SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS. (a) In General.--Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1 billion unless and until a Federal law is enacted authorizing such use. (b) Definition.--In this section, the term ``social cost of carbon'' means the social cost of carbon as described in the technical support document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. Passed the House of Representatives August 1, 2013. Attest: KAREN L. HAAS, Clerk.

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

Energy Consumers Relief Act of 2013

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Special Care Dentistry Act of 2011''. (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 downstream 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.) 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) is amended-- (A) in subsection (a), by amending paragraph (10) to read as follows: ``(10) oral health services (as defined in subsection (ee)); and''; and (B) by adding at the end the following: ``(ee)(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)) is amended-- (A) in paragraph (82), by striking ``and'' at the end; (B) in paragraph (83), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (83) the following: ``(84) 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(ee)), 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 2012) 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(ee)) 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 (ee) and'' before ``section 1933(d)''; and (2) by adding at the end the following new subsection: ``(ff) 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, 2011, 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 2011 - Amends title XIX (Medicaid) of the Social Security 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 ``Veterans, Employees, and Taxpayers Protection Act of 2017'' or the ``VET Protection Act of 2017''. SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--LABOR MANAGEMENT ``Sec. 741. Records on use of official time ``(a) Tracking of Official Time.--The Secretary shall track the use of official time by employees of the Department of Veterans Affairs in a manner that accounts for such time accurately and to a specific degree without the use of estimates or ranges of time. ``(b) Annual Report.--(1) Not later than December 31 of each year, the Secretary shall submit to the Office of Personnel Management and the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the use of official time by employees of the Department during the most recently ended fiscal year. ``(2) Each report under paragraph (1) shall include, with respect to the fiscal year covered by the report, the following information: ``(A) The total amount of official time granted to employees. ``(B) The total amount of official time expended and the amount of official time expended per employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution. ``(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on the operations of the Department. ``(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time. ``(E) The total annual salary, job title, and amount of official time afforded to any employee. ``(F) A description of any room or space designated at the Department where official time activities will be conducted, including the square footage of any such room or space. ``(G) A list of any employee granted a waiver under section 742(d) and justification for each such waiver. ``(c) Definition of Official Time.--For purposes of this section, the term `official time' means any period of time-- ``(1) which may be granted to an employee under chapter 71 of title 5 (including a collective bargaining agreement entered into under such chapter) or chapter 74 of this title to perform representational or consultative functions; and ``(2) during which the employee would otherwise be in a duty status. ``Sec. 742. Limitations on use of official time for certain purposes and individuals ``(a) Political Activities and Lobbying.--Notwithstanding section 7131 of title 5 or any other provision of law, any employee of the Department may not use official time to carry out political activities or activities relating to lobbying. ``(b) Prohibition on Use of Official Time by Certain Employees.-- The following employees of the Department may not use official time for any purpose: ``(1) Any employee appointed under section 7401(1). ``(2) Any employee with an annual rate of basic pay equal to or greater than $100,000. ``(3) Any employee who is serving a probationary period. ``(c) Limitation on All Employees.--Any employee of the Department not covered by subsection (b) may spend no more than 25 percent of the time such employee would otherwise be in a duty status on official time. ``(d) Waiver.--(1) The Secretary may waive the requirements of subsection (b) or (c) with respect to an employee of the Department if the Secretary certifies, in writing, that the waiver is reasonable, necessary, and in the best interests of veterans. ``(2) The authority provided to the Secretary under this subsection shall not be subject to bargaining under this title or chapter 71 of title 5, and the exercise of, or failure to exercise, such authority shall not be an unfair labor practice under this title or such chapter. ``(e) Definition of Official Time.--For purposes of this section, the term `official time' has the meaning given that term in section 741(c). ``Sec. 743. Termination of collection of dues ``Notwithstanding section 7115 of title 5, any exclusive bargaining agreement entered into pursuant to chapter 71 of such title by the Department shall provide that an employee of the Department may terminate a voluntary allotment for the payment of dues at any time. Any deductions for dues made pursuant to such allotment shall cease beginning on the first pay period after the termination is made.''. (b) Applicability.--Sections 742 and 743 of title 38, United States Code, as added by subsection (a), shall apply with respect to any collective bargaining agreement entered into before, on, or after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter iii--labor management ``741. Records on use of official time. ``742. Limitations on use of official time for certain purposes and individuals. ``743. Termination of collection of dues.''. SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Probationary Period.-- (1) In general.--Chapter 7 of title 38, United States Code, is further amended by inserting after section 717 the following new section: ``Sec. 719. Probationary period for employees ``(a) In General.--Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of 2 years. ``(b) Covered Employee.--In this section, the term `covered employee'-- ``(1) means any individual-- ``(A) appointed to a permanent position within the competitive service at the Department; or ``(B) appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department; and ``(2) does not include any individual with a probationary period prescribed by section 7403 of this title. ``(c) Permanent Hires.--Not later than 90 days before the expiration of a covered employee's probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary. ``(d) Application.--With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, sections 7501(1) and 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting `completed 2 years' for `completed 1 year' in each instance it appears.''. (2) Clerical and conforming amendments.-- (A) Clerical.--The table of sections at the beginning of such chapter, as amended by section 2, is further amended by inserting after the item relating to section 717 the following new item: ``719. Probationary period for employees.''. (B) Conforming.--Title 5, United States Code, is amended-- (i) in section 3321(c)-- (I) by striking ``Service, or'' and inserting ``Service,''; and (II) by inserting at the end before the period the following: ``, or any individual covered by section 719 of title 38''; (ii) in section 3393(d), by inserting at the end before the period the following: ``or section 719 of title 38''; (iii) in sections 7501(1) and 7511(a)(1)(A)(ii), by inserting ``or section 719 of title 38'' after ``title 10'' in each instance it appears; and (iv) in section 7541(1)(A)-- (I) by striking ``title or'' and inserting ``title,''; and (II) by inserting at the end before the semicolon the following: ``, or section 719 of title 38''. (b) Application.--Section 719 of title 38, United States Code, as added by subsection (a)(1), shall apply to any covered employee (as that term is defined in subsection (b) of such section 719, as so added) appointed after the date of the enactment of this Act.

Veterans, Employees, and Taxpayers Protection Act of 2017 or the VET Protection Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) track the use of official time by VA employees accurately and without the use of estimates or ranges of times, and (2) report on such use to the Office of Personnel Management and Congress by December 1 of each fiscal year. Each report shall include: (1) the total amount of official time granted to employees; (2) the total amount of official time expended and the amount of official time expended per employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution; (3) the types of activities for which official time was granted and the impact on VA operations; (4) the total annual salary and job title of, and amount of official time afforded to, employees; (5) a description of any room or space designated for official time activities; and (6) a list of any employees granted a waiver and a justification for each such waiver. "Official time" means any period of time granted to an employee under federal labor-management provisions to perform representational or consultative functions during which the employee would otherwise be in a duty status. The bill prohibits a VA employee from using official time to carry out political or lobbying activities; The following VA employees may not use official time for any purpose: (1) a physician, dentist, podiatrist, chiropractor, or optometrist; (2) an employee with an annual basic pay rate of $100,000 or more; and (3) an employee serving a probationary period. Any other VA employee may not spend more than 25% of his or her duty status time on official time. The VA may waive such official time restrictions if reasonable, necessary, and in the best interest of veterans. Such waiver authority shall not be subject to collective bargaining, and the exercise or failure to exercise such authority shall not be an unfair labor practice. An exclusive bargaining agreement entered into by the VA shall allow a VA employee to terminate a voluntary allotment for the payment of dues at any time. The appointment of a covered VA employee shall become final only after such employee has served a two-year probationary period. "Covered employee:" (1) means any individual appointed to a permanent position within the competitive service or as a career appointee within the Senior Executive Service, and (2) does not include any individual appointed to a VA health care position for which a two-year probationary period applies. Such an employee's supervisor shall determine whether the employee's appointment becomes final not later than 90 days before the expiration of such probationary period.

Veterans, Employees, and Taxpayers Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Anti-Drug Trafficking Act of 2009''. SEC. 2. BORDER RELIEF GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Attorney General is authorized to award grants to-- (A) eligible law enforcement agencies, or a coalition of such agencies, to provide the resources described in subsection (b) to address drug-related criminal activity that occurs in the jurisdiction of such agencies; and (B) institutions of higher education that provide assistance to law enforcement agencies in counties described in subparagraph (A) or (B) of subsection (d)(1) to provide the resources described in subsection (b)(4). (2) Competitive basis.--The Attorney General shall award grants under this section on a competitive basis. (3) Priority.--In awarding grants for the uses described in paragraphs (1) through (3) of subsection (b), the Attorney General shall give priority to law enforcement agencies located in a county that is within 150 miles from the United States border with Mexico. (b) Use of Funds.--Grants awarded under this section may only be used to provide additional resources for eligible law enforcement agencies to address drug-related criminal activity, and for the training and assistance described in paragraph (4) for organizations described in subsection (a)(2), including resources to-- (1) combat criminal activities along the Southern border by-- (A) obtaining, upgrading, or maintain equipment; (B) hiring additional personnel; (C) reimbursing operational expenditures, including overtime and transportation costs; and (D) providing other assistance necessary to address drug-related criminal activity; (2) facilitate information sharing and collaboration by-- (A) establishing, maintaining, or enhancing multi- jurisdictional intelligence gathering and sharing activities; (B) facilitating regional crime prevention and reduction efforts; and (C) strengthening partnerships between Federal, tribal, State, and local law enforcement agencies; (3) enhance jails, community corrections, and detention operations by-- (A) improving the administration and operations of correction functions related to reducing and preventing criminal narcotics activity; (B) improving access to intelligence and collaboration between law enforcement and correctional system personnel; (C) reducing the recidivism rates of drug offenders; and (D) hiring detention, probation, parole, and other corrections personnel for implementation of the efforts described in this paragraph; and (4) provide training and technical assistance, including training and assistance related to-- (A) narcotics-related kidnapping negotiation and rescue tactics; (B) intelligence and information sharing on drug trafficking organizations; and (C) the interdiction of narcotics, weapons, and illegal drug proceeds. (c) Application.-- (1) In general.--Each eligible law enforcement agency, or coalition of such agencies, seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements under this section. (d) Definitions.--In this section: (1) Eligible law enforcement agency.--The term ``eligible law enforcement agency'' means a tribal, State, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, which is located or performs duties in-- (A) Arizona, California, New Mexico, or Texas; or (B) a jurisdiction that has been designated by the Director of the Office of Drug Control Policy as a High Intensity Drug Trafficking Area. (2) High intensity drug trafficking area.--The term ``High Intensity Drug Trafficking Area'' means any jurisdiction designated as a ``High Intensity Drug Trafficking Area'' by the National Drug Control Program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706). (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2010 through 2015 to carry out the provisions of this section. (2) Allocation of authorized funds.--Of the amounts appropriated pursuant to paragraph (1)-- (A) not more than 33 percent may be set aside for High Intensity Drug Trafficking Areas; and (B) not more than 30 percent may be used for activities described in paragraphs (3) and (4) of subsection (b). (3) Supplement not supplant.--Amounts appropriated for grants pursuant to paragraph (1) shall be used to supplement and not to supplant other tribal, State, and local public funds obligated for the purposes provided under this section. SEC. 3. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. Nothing in this Act may be construed to authorize tribal, State, or local law enforcement agencies or officers of such agencies to exercise Federal immigration law enforcement authority.

Border Law Enforcement Anti-Drug Trafficking Act of 2009 - Authorizes the Attorney General to award grants on a competitive basis to eligible law enforcement agencies and institutions of higher education to assist such agencies in addressing drug-related criminal activity within their jurisdictions. Requires such grants to be used to: (1) combat criminal activities along the southern border of the United States; (2) facilitate information sharing and collaboration by law enforcement agencies; (3) enhance jails, community corrections, and detention operations; and (4) provide training and technical assistance related to negotiation and rescue tactics, intelligence and information sharing on drug trafficking organizations, and interdiction. Defines "eligible law enforcement agency" as a tribal, state, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, that is located or performs duties in: (1) Arizona, California, New Mexico, or Texas; or (2) a jurisdiction that has been designated as a high intensity drug trafficking area.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``East Timor Transition to Independence Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 30, 1999, the East Timorese people voted overwhelmingly in favor of independence from Indonesia. Anti- independence militias, with the support of the Indonesian military, attempted to prevent then retaliated against this vote by launching a campaign of terror and violence, displacing 500,000 people and murdering hundreds. (2) The violent campaign devastated East Timor's infrastructure, destroyed or severely damaged 60 to 80 percent of public and private property, and resulted in the collapse of virtually all vestiges of government, public services and public security. (3) The Australian-led International Force for East Timor (INTERFET) entered East Timor in September 1999 and successfully restored order. On October 25, 1999, the United Nations Transitional Administration for East Timor (UNTAET) began providing overall administration of East Timor, guide the people of East Timor in the establishment of a new democratic government, and maintain security and order. (4) UNTAET and the East Timorese leadership currently anticipate that East Timor will become an independent nation as early as late 2001. (5) East Timor is one of the poorest places in Asia. A large percentage of the population live below the poverty line, only 20 percent of East Timor's population is literate, most of East Timor's people remain unemployed, the annual per capita Gross National Product is $340, and life expectancy is only 56 years. (6) The World Bank and the United Nations have estimated that it will require $300,000,000 in development assistance over the next three years to meet East Timor's basic development needs. SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR. It is the sense of Congress that the United States should-- (1) facilitate East Timor's transition to independence, support formation of broad-based democracy in East Timor, help lay the groundwork for East Timor's economic recovery, and strengthen East Timor's security; (2) begin to lay the groundwork, prior to East Timor's independence, for an equitable bilateral trade and investment relationship; (3)(A) officially open a diplomatic mission to East Timor as soon as possible; (B) recognize East Timor, and establish diplomatic relations with East Timor, upon its independence; and (C) ensure that a fully functioning, fully staffed, adequately resourced, and securely maintained United States diplomatic mission is accredited to East Timor upon its independence; (4) support efforts by the United Nations and East Timor to ensure justice and accountability related to past atrocities in East Timor through-- (A) United Nations investigations; (B) development of East Timor's judicial system, including appropriate technical assistance to East Timor from the Department of Justice, the Federal Bureau of Investigation, and the Drug Enforcement Administration; and (C) the possible establishment of an international tribunal for East Timor; and (5) support observer status for an official delegation from East Timor to observe and participate, as appropriate, in all deliberations of the Asia Pacific Economic Co-operation (APEC) group. SEC. 4. BILATERAL ASSISTANCE. (a) Authority.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to-- (1) support the development of civil society, including nongovernmental organizations in East Timor; (2) promote the development of an independent news media; (3) support job creation and economic development in East Timor, including support for microenterprise programs and technical education, as well as environmental protection and education programs; (4) promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor, including establishing accountability for past gross human rights violations; (5) support the voluntary and safe repatriation and reintegration of refugees into East Timor; and (6) support political party development, voter education, voter registration and other activities in support of free and fair elections in East Timor. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2001, 2002, and 2003. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 5. MULTILATERAL ASSISTANCE. The President shall instruct the United States executive director at each international financial institution to which the United States is a member to use the voice, vote, and influence of the United States to support economic and democratic development in East Timor. SEC. 6. PEACE CORPS ASSISTANCE. (a) Authority.--The Director of the Peace Corps is authorized to-- (1) provide English language and other technical training for individuals in East Timor as well as other activities which promote education, economic development, and economic self- sufficiency; and (2) quickly address immediate assistance needs in East Timor using the Peace Corps Crisis Corps, to the extent practicable. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $2,000,000 for each of the fiscal years 2001, 2002, and 2003 to carry out such subsection. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 7. TRADE AND INVESTMENT ASSISTANCE. (a) OPIC.--Beginning on the date of the enactment of this Act, the President should initiate negotiations with the United Nations Transitional Administration for East Timor (UNTAET), the National Council of East Timor, and the government of East Timor (after independence for East Timor)-- (1) to apply to East Timor the existing agreement between the Overseas Private Investment Corporation and Indonesia; or (2) to enter into a new agreement authorizing the Overseas Private Investment Corporation to carry out programs with respect to East Timor, in order to expand United States investment in East Timor. (b) Trade and Development Agency.-- (1) In general.--The Director of the Trade and Development Agency is authorized to carry out projects in East Timor under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421). (2) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to carry out this subsection $1,000,000 for each of the fiscal years 2001, 2002, and 2003. (B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (c) Export-Import Bank.--The Export-Import Bank of the United States shall expand its activities in connection with exports to East Timor. SEC. 8. GENERALIZED SYSTEM OF PREFERENCES. (a) Sense of Congress.--It is the sense of Congress that the President should encourage the United Nations Transitional Administration for East Timor (UNTAET), in close consultation with the National Council of East Timor, to seek to become eligible for duty- free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relating to generalized system of preferences). (b) Technical Assistance.--The United States Trade Representative and the Commissioner of the United States Customs Service are authorized to provide technical assistance to UNTAET, the National Council of East Timor, and the government of East Timor (after independence for East Timor) in order to assist East Timor to become eligible for duty-free treatment under title V of the Trade Act of 1974. SEC. 9. BILATERAL INVESTMENT TREATY. It is the sense of Congress that the President should seek to enter into a bilateral investment treaty with the United Nations Transitional Administration for East Timor (UNTAET), in close consultation with the National Council of East Timor, in order to establish a more stable legal framework for United States investment in East Timor. SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS. (a) Authority.--The Secretary of State-- (1) is authorized to carry out an East Timorese scholarship program under the authorities of the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, and the National Endowment for Democracy Act; and (2) shall make every effort to identify and provide scholarships and other support to East Timorese students interested in pursuing undergraduate and graduate studies at institutions of higher education in the United States. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of State, $1,000,000 for the fiscal year 2002 and $1,000,000 for the fiscal year 2003 to carry out subsection (a). SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR. (a) Development of Detailed Plan.--The Secretary of State shall develop a detailed plan for the official establishment of a United States diplomatic mission to East Timor, with a view to-- (1) officially open a fully functioning, fully staffed, adequately resourced, and securely maintained diplomatic mission in East Timor as soon as possible; (2) recognize East Timor, and establish diplomatic relations with East Timor, upon its independence; and (3) ensure that a fully functioning, fully staffed, adequately resourced, and securely maintained diplomatic mission is accredited to East Timor upon its independence. (b) Reports.-- (1) Initial report.--Not later than three months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the detailed plan described in subsection (a), including a timetable for the official opening of a facility in Dili, East Timor, the personnel requirements for the mission, the estimated costs for establishing the facility, and its security requirements. (2) Subsequent reports.--Beginning six months after the submission of the initial report under paragraph (1), and every six months thereafter until January 1, 2004, the Secretary of State shall submit to the committees specified in that paragraph a report on the status of the implementation of the detailed plan described in subsection (a), including any revisions to the plan (including its timetable, costs, or requirements) that have been made during the period covered by the report. (3) Form of report.--Each report submitted under this subsection may be submitted in classified or unclassified form. SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR. (a) Authorization.--Beginning on and after the date on which the President transmits to the Congress a certification described in subsection (b), the President is authorized-- (1) to transfer excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East Timor in accordance with such section; and (2) to provide military education and training under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for the armed forces of East Timor in accordance with such chapter. (b) Certification.--A certification described in this subsection is a certification that-- (1) East Timor has established an independent armed forces; and (2) the assistance proposed to be provided pursuant to subsection (a)-- (A) is in the national security interests of the United States; and (B) will promote both human rights in East Timor and the professionalization of the armed forces of East Timor. (c) Study and Report.-- (1) Study.--The President shall conduct a study to determine-- (A) the extent to which East Timor's security needs can be met by the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961; (B) the extent to which international military education and training (IMET) assistance will enhance professionalism of the armed forces of East Timor, provide training in human rights, promote respect for human rights and humanitarian law; and (C) the terms and conditions under which such defense articles or training, as appropriate, should be provided. (2) Report.--Not later than 1 month after the date of enactment of this Act, the President shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives setting forth the findings of the study conducted under paragraph (1). SEC. 13. AUTHORITY FOR RADIO BROADCASTING. The Broadcasting Board of Governors shall further the communication of information and ideas through the increased use of audio broadcasting to East Timor to ensure that radio broadcasting to that country serves as a consistently reliable and authoritative source of accurate, objective, and comprehensive news. SEC. 14. REPORTING REQUIREMENT. (a) In General.--Not later than three months after the date of the enactment of this Act, and every six months thereafter until January 1, 2004, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, the United States Trade Representative, the Secretary of Commerce, the Overseas Private Investment Corporation, the Director of the Trade and Development Agency, the President of the Export-Import Bank of the United States, the Secretary of Agriculture, and the Director of the Peace Corps, shall prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the information described in subsection (b). (b) Information.--The report required by subsection (a) shall include-- (1) developments in East Timor's political and economic situation in the period covered by the report, including an evaluation of any elections occurring in East Timor and the refugee reintegration process in East Timor; (2)(A) in the initial report, a 3-year plan for United States foreign assistance to East Timor in accordance with section 4, prepared by the Administrator of the United States Agency for International Development, which outlines the goals for United States foreign assistance to East Timor during the 3-year period; and (B) in each subsequent report, a description in detail of the expenditure of United States bilateral foreign assistance during the period covered by each such report; (3) a description of the activities undertaken in East Timor by the International Bank for Reconstruction and Development and the Asian Development Bank, and an evaluation of the effectiveness of these activities; (4) an assessment of-- (A) the status of United States trade and investment relations with East Timor, including a detailed analysis of any trade and investment-related activity supported by the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency during the period of time since the previous report; and (B) the status of any negotiations with the United Nations Transitional Administration for East Timor (UNTAET) or East Timor to facilitate the operation of the United States trade agencies in East Timor; (5) the nature and extent of United States-East Timor cultural, education, scientific, and academic exchanges, both official and unofficial, and any Peace Corps activities; and (6) a comprehensive study and report on local agriculture in East Timor, emerging opportunities for producing and exporting indigenous agricultural products, and recommendations for appropriate technical assistance from the United States.

Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, Peace Corps assistance, certain trade and investment assistance, scholarships for East Timorese students, and security assistance. Directs the Broadcasting Board of Governors to further the communication of information and ideas through increased use of audio broadcasting to East Timor.

East Timor Transition to Independence Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Taxpayer Protection Act of 2003''. SEC. 2. REGULATION OF INCOME TAX RETURN PREPARERS AND REFUND ANTICIPATION LOAN PROVIDERS. (a) Definitions.--In this Act: (1) Income tax return preparer.-- (A) In general.--The term ``income tax return preparer'' means any individual who is an income tax return preparer (within the meaning of section 7701(a)(36) of the Internal Revenue Code of 1986) who prepares not less than 5 returns of tax imposed by subtitle A of such Code or claims for refunds of tax imposed by such subtitle A per taxable year. (B) Exception.--Such term shall not include a federally authorized tax practitioner within the meaning of section 7526(a)(3) of such Code. (2) Refund anticipation loan provider.--The term ``refund anticipation loan provider'' means a person who makes a loan of money or of any other thing of value to a taxpayer because of the taxpayer's anticipated receipt of a Federal tax refund. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Regulations.-- (1) Registration required.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that-- (i) require the registration of income tax return preparers and of refund anticipation loan providers with the Secretary or the designee of the Secretary, and (ii) prohibit the payment of a refund of tax to a refund anticipation loan provider or an income tax return preparer that is the result of a tax return which is prepared by the refund anticipation loan provider or the income tax return preparer which does not include the refund anticipation loan provider's or the income tax return preparer's registration number. (B) No disciplinary action.--The regulations shall require that an applicant for registration must not have demonstrated any conduct that would warrant disciplinary action under part 10 of title 31, Code of Federal Regulations. (C) Burden of registration.--In promulgating the regulations, the Secretary shall minimize the burden and cost on the registrant. (2) Rules of conduct.--All registrants shall be subject to rules of conduct that are consistent with the rules that govern federally authorized tax practitioners. (3) Reasonable fees and interest rates.--The Secretary, after consultation with any expert as the Secretary deems appropriate, shall include in the regulations guidance on reasonable fees and interest rates charged to taxpayers in connection with loans to taxpayers made by refund anticipation loan providers. (4) Renewal of registration.--The regulations shall determine the time frame required for renewal of registration and the manner in which a registered income tax return preparer or a registered refund anticipation loan provider must renew such registration. (5) Fees.-- (A) In general.--The Secretary may require the payment of reasonable fees for registration and for renewal of registration under the regulations. (B) Purpose of fees.--Any fees required under this paragraph shall inure to the Secretary for the purpose of reimbursement of the costs of administering the requirements of the regulations. (c) Prohibition.--Section 6695 of the Internal Revenue Code of 1986 (relating to other assessable penalties with respect to the preparation of income tax returns for other persons) is amended by adding at the end the following new subsection: ``(h) Actions on a Taxpayer's Behalf by a Non-Registered Person.-- Any person not registered pursuant to the regulations promulgated by the Secretary under the Low Income Taxpayer Protection Act of 2003 who-- ``(1) prepares a tax return for another taxpayer for compensation, or ``(2) provides a loan to a taxpayer that is linked to or in anticipation of a tax refund for the taxpayer, shall be subject to a $500 penalty for each incident of noncompliance.''. (d) Coordination With Section 6060(a).--The Secretary shall determine whether the registration required under the regulations issued pursuant to this section should be in lieu of the return requirements of section 6060. (e) Paperwork Reduction.--The Secretary shall minimize the amount of paperwork required of a income tax return preparer or a refund anticipation loan provider to meet the requirements of these regulations. SEC. 3. IMPROVED SERVICES FOR TAXPAYERS. (a) Electronic Filing Efforts.-- (1) In General.--The Secretary shall focus electronic filing efforts on benefiting the taxpayer by-- (A) reducing the time between receipt of an electronically filed return and remitting a refund, if any, (B) reducing the cost of filing a return electronically, (C) improving services provided by the Internal Revenue Service to low and moderate income taxpayers, (D) providing tax-related computer software at no or nominal cost to low and moderate income taxpayers, and (E) providing electronic filing for all taxpayers without the use of an intermediary. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the efforts made pursuant to paragraph (1). (b) Volunteer Income Tax Assistance Program.-- (1) Study.--The Secretary shall undertake a study on the expansion of the volunteer income tax assistance program to service more low income taxpayers. (2) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report on the study conducted pursuant to paragraph (1). (c) Tele-Filing.--The Secretary shall ensure that tele-filing is available for all taxpayers for the filing of tax returns with respect to taxable years beginning in 2003. (d) Termination of the Debt Indicator Program.--The Secretary shall terminate the Debt Indicator program announced in Internal Revenue Service Notice 99-58. (e) Direct Deposit Accounts.--The Secretary shall allocate resources to programs to assist low income taxpayers in establishing accounts at financial institutions that receive direct deposits from the United States Treasury. (f) Pilot Program for Mobile Tax Return Filing Offices.-- (1) In general.--The Secretary shall establish a pilot program for the creation of four mobile tax return filing offices with electronic filing capabilities. (2) Location of service.-- (A) In general.--The mobile tax return filing offices shall be located in communities that the Secretary determines have a high incidence of taxpayers claiming the earned income tax credit. (B) Indian reservation.--At least one mobile tax return filing office shall be on or near an Indian reservation (as defined in section 168(j)(6) of the Internal Revenue Code of 1986). SEC. 4. ASSISTANCE PROGRAM TO IMPROVE ACCESS TO FEDERALLY INSURED FINANCIAL INSTITUTIONS FOR TAXPAYERS. (a) Findings and Purpose.-- (1) Findings.--Congress finds the following: (A) Approximately 40,000,000 Americans are unbanked and not utilizing mainstream, insured financial institutions. (B) In 1999, nearly half of the $30,000,000,000 in earned income tax credits (EITC) claimed nationwide was refunded through refund anticipation loans, and an estimated $1,750,000,000 intended to assist low-income families through the EITC was received by commercial tax preparers and affiliated national banks to pay for tax assistance, electronic filing of returns, and high- cost refund loans. (C) Refund anticipation loans carry interest rates in a range between 97.4 percent to more than 2000 percent. (D) An estimated 45 percent of earned income tax credit recipients pay for check cashing services, which reduces EITC benefits by $130,000,000. (E) Individuals with bank accounts can receive their tax refunds faster than waiting for a paper check and without the need to utilize refund anticipation loans or check cashiers. (F) Individuals with federally insured depository accounts have an increased opportunity to access financial services at mainstream financial institutions, which typically have reduced costs for consumers. (2) Purpose.--It is the purpose of this section to establish a grant program to provide unbanked low- and moderate-income taxpayers with tax preparation services and increase their access to financial services by the establishment of an account at a federally insured depository institution or credit union and the provision of financial education. (b) Establishment of Program.--The Secretary is authorized to award demonstration project grants (including multi-year grants) to eligible entities to provide tax preparation services and assistance along with establishing an account in a federally insured depositary institution for individuals that currently do not have such an account. (c) Eligible Entities.-- (1) In general.--An entity is eligible to receive a grant under this section if such an entity is-- (A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, (B) a federally insured depository institution, (C) an agency of a State or local government, (D) a community development financial institution, (E) an Indian tribal organization, (F) an Alaska Native Corporation, (G) a Native Hawaiian organization, (H) a labor organization, or (I) a partnership comprised of 1 or more of the entities described in the preceding subparagraphs. (2) Definitions.--For purposes of this section-- (A) Federally insured depository institution.--The term ``federally insured depository institution'' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)). (B) Community development financial institution.-- The term ``community development financial institution'' means any organization that has been certified as such pursuant to section 1805.201 of title 12, Code of Federal Regulations. (C) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as the term ``Native Corporation'' under section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). (D) Native hawaiian organization.--The term ``Native Hawaiian organization'' means any organization that-- (i) serves and represents the interests of Native Hawaiians, and (ii) has as a primary and stated purpose the provision of services to Native Hawaiians. (E) Labor organization.--The term ``labor organization'' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require. (e) Limitation on Administrative Costs.--A recipient of a grant under this section may not use more than 6 percent of the total amount of such grant in any fiscal year for the administrative costs of carrying out the programs funded by such grant in such fiscal year. (f) Evaluation and Report.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the activities funded, amounts distributed, and measurable results, as appropriate and available. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary, for the grant program described in this section, $10,000,000, or such additional amounts as deemed necessary, to remain available until expended. (h) Regulations.--The Secretary is authorized to promulgate regulations to implement and administer the grant program under this section. SEC. 5. MATCHING GRANTS TO LOW-INCOME TAXPAYER CLINICS FOR RETURN PREPARATION. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by inserting after section 7526 the following new section: ``SEC. 7526A. RETURN PREPARATION CLINICS FOR LOW-INCOME TAXPAYERS. ``(a) In General.--The Secretary may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified return preparation clinics. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified return preparation clinic.-- ``(A) In general.--The term `qualified return preparation clinic' means a clinic which-- ``(i) does not charge more than a nominal fee for its services (except for reimbursement of actual costs incurred), and ``(ii) operates programs which assist low- income taxpayers in preparing and filing their Federal income tax returns, including schedules reporting sole proprietorship or farm income. ``(B) Assistance to low-income taxpayers.--A clinic is treated as assisting low-income taxpayers under subparagraph (A)(ii) if at least 90 percent of the taxpayers assisted by the clinic have incomes which do not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget. ``(2) Clinic.--The term `clinic' includes-- ``(A) a clinical program at an eligible educational institution (as defined in section 529(e)(5)) which satisfies the requirements of paragraph (1) through student assistance of taxpayers in return preparation and filing, and ``(B) an organization described in section 501(c) and exempt from tax under section 501(a) which satisfies the requirements of paragraph (1). ``(c) Special Rules and Limitations.-- ``(1) Aggregate limitation.--Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $10,000,000 per year (exclusive of costs of administering the program) to grants under this section. ``(2) Other applicable rules.--Rules similar to the rules under paragraphs (2) through (5) of section 7526(c) shall apply with respect to the awarding of grants to qualified return preparation clinics.''. (b) Clerical Amendment.--The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 7526 the following new item: ``Sec. 7526A. Return preparation clinics for low-income taxpayers.''. (c) Effective Date.--The amendments made by this section shall apply to grants made after the date of the enactment of this Act.

Low Income Taxpayer Protection Act of 2003 - Amends the Internal Revenue Code to: (1) require the registration of income tax preparers, including tax refund anticipation loan providers, and subjects unregistered preparers and providers to a $500 per incident violation fine; (2) provide for improved taxpayer services, including, improved electronic filing services, tele-filing, terminating the debt indicator program, assisting low-income taxpayers in receiving direct deposits from the U.S. Treasury, and establishing pilot mobile tax return offices; (3) provide for demonstration grants to eligible entities (federally insured depository institutions, State agencies, Indian tribal organizations, labor organizations, and etc.) to provide tax preparation services and assistance along with establishing an account in a federally insured depository institution for individuals not having such an account; and (4) provide grants for matching funds for the development, expansion, or continuation of qualified tax preparation clinics for low-income tax payers.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``World War I American Veterans Centennial Commemorative Coin Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) The year 2018 is the 100th anniversary of the signing of the armistice with Germany ending World War I battlefield hostilities. (2) On the 6th of April 1917, the United States of America entered World War I by declaring war against Germany. (3) Two million American soldiers served overseas during World War I. (4) More than four million men and women from the United States served in uniform during World War I. (5) The events of 1914 through 1918 shaped the world and the lives of millions of people for decades. (6) Over 9 million soldiers worldwide lost their lives between 1914 and 1918. (7) The centennial of America's involvement in World War I offers an opportunity for people in the United States to commemorate the commitment of their predecessors. (8) Frank Buckles, the last American veteran from World War I died on February 27, 2011. (9) He was our last direct American link to the ``war to end all wars''. (10) While other great conflicts, including the Civil War, World War II, the Korean War, and the Vietnam War, have all been memorialized on United States commemorative coins, there currently exists no coin to honor the brave veterans of World War I. (11) The 112th Congress established the World War I Centennial Commission to plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (b) Purpose.--The purpose of this Act is to-- (1) commemorate the centennial of America's involvement in World War I; and (2) honor the over 4 million men and women from the United States who served during World War I. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of America's involvement in World War I, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches (38.1 millimeters); and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the centennial of America's involvement in World War I. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a juried, compensated design competition described under subsection (c). (c) Design Competition.--The Secretary shall hold a competition and provide compensation for its winner to design the obverse and reverse of the coins minted under this Act. The competition shall be held in the following manner: (1) The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (3) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid by the Secretary to the United States Foundation for the Commemoration of the World Wars, to assist the World War I Centennial Commission in commemorating the centenary of World War I. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the United States Foundation for the Commemoration of the World Wars as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. 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 2, 2014. World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins in commemoration of the centennial of America's involvement in World War I; and (2) hold a juried competition, and compensate its winner, for design of the obverse and reverse of the coins in a way emblematic of the centennial. Permits the use of only one facility of the U.S. Mint to strike any particular quality of the coins. Authorizes the Secretary to issue the coins only during calendar year 2018. Subjects coin sales to a surcharge of $10 per coin, payable by the Secretary to the United States Foundation for the Commemoration of the World Wars to assist the World War I Centennial Commission in the commemoration. Directs the Secretary to ensure that: (1) minting and issuing the coins will not result in any net cost to the government; and (2) no funds, including applicable surcharges, shall be disbursed to designated recipients until the total cost of designing and issuing the coins is recovered by the Treasury.

World War I American Veterans Centennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003''. SEC. 2. ESTABLISHMENT OF PROGRAM. Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by inserting the following after subsection (f): ``(g) Minority Serving Institution Digital and Wireless Technology Opportunity Program.-- ``(1) In general.--The Secretary, acting through the Under Secretary, shall establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible institutions in acquiring, and augmenting their use of, digital and wireless networking technologies to improve the quality and delivery of educational services at eligible institutions. ``(2) Authorized activities.--An eligible institution may use a grant, cooperative agreement, or contract awarded under this subsection-- ``(A) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure to further the objective of the Program described in paragraph (1); ``(B) to develop and provide training, education, and professional development programs, including faculty development, to increase the use of, and usefulness of, digital and wireless networking technology; ``(C) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use digital and wireless networking technology in the classroom or instructional process; ``(D) to obtain capacity-building technical assistance, including through remote technical support, technical assistance workshops, and distance learning services; and ``(E) to foster the use of digital and wireless networking technology to improve research and education, including scientific, mathematics, engineering, and technology instruction. ``(3) Application and review procedures.-- ``(A) In general.--To be eligible to receive a grant, cooperative agreement, or contract under this subsection, an eligible institution shall submit an application to the Under Secretary at such time, in such manner, and containing such information as the Under Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used, including a description of any digital and wireless networking technology to be acquired, and a description of how the institution will ensure that digital and wireless networking will be made accessible to, and employed by, students, faculty, and administrators. The Under Secretary, consistent with subparagraph (C) and in consultation with the advisory council established under subparagraph (B), shall establish procedures to review such applications. The Under Secretary shall publish the application requirements and review criteria in the Federal Register, along with a statement describing the availability of funds. ``(B) Advisory council.--The Under Secretary shall establish an advisory council to advise the Under Secretary on the best approaches to encourage maximum participation by eligible institutions in the program established under paragraph (1), and on the procedures to review proposals submitted to the program. In selecting the members of the advisory council, the Under Secretary shall consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Under Secretary shall also consult with experts in digital and wireless networking technology to ensure that such expertise is represented on the advisory council. ``(C) Review panels.--Each application submitted under this subsection by an eligible institution shall be reviewed by a panel of individuals selected by the Under Secretary to judge the quality and merit of the proposal, including the extent to which the eligible institution can effectively and successfully utilize the proposed grant, cooperative agreement, or contract to carry out the program described in paragraph (1). The Under Secretary shall ensure that the review panels include representatives of minority serving institutions and others who are knowledgeable about eligible institutions and technology issues. The Under Secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application. The Under Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, or contract to an eligible institution. ``(D) Information dissemination.--The Under Secretary shall convene an annual meeting of eligible institutions receiving grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities among eligible institutions. ``(E) Matching requirement.--The Under Secretary may not award a grant, cooperative agreement, or contract to an eligible institution under this subsection unless such institution agrees that, with respect to the costs incurred by the institution in carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make available, directly, or through donations from public or private entities, non-Federal contributions in an amount equal to one-quarter of the grant, cooperative agreement, or contract awarded by the Under Secretary, or $500,000, whichever is the lesser amount. The Under Secretary shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. ``(F) Awards.-- ``(i) Limitation.--An eligible institution that receives a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract. ``(ii) Consortia.--Grants, cooperative agreements, and contracts may only be awarded to eligible institutions. Eligible institutions may seek funding under this subsection for consortia which may include other eligible institutions, a State or a State education agency, local education agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses. ``(iii) Planning grants.--The Under Secretary may provide funds to develop strategic plans to implement such grants, cooperative agreements, or contracts. ``(iv) Institutional diversity.--In awarding grants, cooperative agreements, and contracts to eligible institutions, the Under Secretary shall ensure, to the extent practicable, that awards are made to all types of institutions eligible for assistance under this subsection. ``(v) Need.--In awarding funds under this subsection, the Under Secretary shall give priority to the institution with the greatest demonstrated need for assistance. ``(G) Annual report and evaluation.-- ``(i) Annual report required from recipients.--Each institution that receives a grant, cooperative agreement, or contract awarded under this subsection shall provide an annual report to the Under Secretary on its use of the grant, cooperative agreement, or contract. ``(ii) Independent assessment.--Not later than 6 months after the date of enactment of this subsection, the Under Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program. The Assessments shall be conducted once every 3 years during the 10-year period following the enactment of this subsection. The assessments shall include an evaluation of the effectiveness of the program in improving the education and training of students, faculty and staff at eligible institutions that have been awarded grants, cooperative agreements, or contracts under the program; an evaluation of the effectiveness of the program in improving access to, and familiarity with, digital and wireless networking technology for students, faculty, and staff at all eligible institutions; an evaluation of the procedures established under paragraph (3)(A); and recommendations for improving the program, including recommendations concerning the continuing need for Federal support. In carrying out its assessments, the National Academy of Public Administration shall review the reports submitted to the Under Secretary under clause (i). ``(iii) Report to congress.--Upon completion of each independent assessment carried out under clause (ii), the Under Secretary shall transmit the assessment to Congress along with a summary of the Under Secretary's plans, if any, to implement the recommendations of the National Academy of Public Administration. ``(H) Definitions.--In this subsection: ``(i) Digital and wireless networking technology.--The term `digital and wireless networking technology' means computer and communications equipment and software that facilitates the transmission of information in a digital format. ``(ii) Eligible institution.--The term `eligible institution' means an institution that is-- ``(I) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; ``(II) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); ``(III) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); ``(IV) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); ``(V) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or ``(VI) an institution of higher education (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)) with an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)). ``(iii) Institution of higher education.-- The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(iv) Local educational agency.--The term `local educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(v) Minority business.--The term `minority business' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). ``(vi) Minority individual.--The term `minority individual' means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban and Central or South American origin), or Pacific Islander individual. ``(vii) State.--The term `State' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(viii) State educational agency.--The term `State educational agency' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Technology Administration of the Department of Commerce to carry out section 5(g) of the Stevenson-Wydler Technology Innovation Act of 1980-- (1) $250,000,000 for fiscal year 2004; (2) $250,000,000 for fiscal year 2005; (3) $250,000,000 for fiscal year 2006; (4) $250,000,000 for fiscal year 2007; and (5) $250,000,000 for fiscal year 2008.

Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003 (sic)- Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to establish a Minority Serving Institution Digital and Wireless Technology Opportunity Program to assist eligible educational institutions in acquiring, and augmenting use of, digital and wireless networking technologies to improve the quality and delivery of educational services at such institutions. Defines as eligible institutions: (1) historically Black colleges or universities, (2) a Hispanic-, Alaskan Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution with a sufficient enrollment of needy students as defined under the Higher Education Act of 1965. Outlines authorized assistance activities. Directs the Under Secretary of Commerce for Technology to: (1) establish an advisory council to advise on the best approaches toward maximum Program participation by eligible institutions; and (2) ensure that grant awards are made to all types of eligible institutions Requires Program assessment every three years by the National Academy of Public Administration. Requires: (1) each institution receiving assistance to report annually to the Under Secretary on the use of such funds; and (2) the Under Secretary to report assessment results to Congress. Authorizes appropriations for FY 2004 through 2008 for the Program. Acknowledges and recognizes the significant achievements and contributions of African-American scientists, mathematicians, and inventors.

To establish a digital and wireless network technology program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Year 2001.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,773,710,000 for fiscal year 2001. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,813,500,000 shall be made available to carry out Research and Related Activities, of which-- (i) $480,560,000 shall be made available for Biological Sciences; (ii) $9,770,000 shall be made available for Computer and Information Science and Engineering; (iii) $403,650,000 shall be made available for Engineering; (iv) $549,730,000 shall be made available for Geosciences; (v) $807,200,000 shall be made available for Mathematical and Physical Sciences; (vi) $159,790,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $220,970,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $119,230,000 shall be made available for Integrative Activities; (B) $726,700,000 shall be made available for Education and Human Resources, of which $53,080,000 shall be for Graduate Research Fellowships; (C) $65,340,000 shall be made available for Major Research Equipment, of which-- (i) $17,440,000 shall be made available for the EarthScope; (ii) $16,400,000 shall be made available for the Large Hadron Collider; (iii) $6,000,000 shall be made available for Millimeter Array; (iv) $12,000,000 shall be made available for the National Ecological Observatory Network; and (v) $13,500,000 shall be made available for the South Pole Station; (D) $160,580,000 shall be made available for Salaries and Expenses, of which $4,700,000 shall be made available for travel; and (E) $6,280,000 shall be made available for the Office of Inspector General. (b) Fiscal Year 2002.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,926,164,000 for fiscal year 2002. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,909,490,000 shall be made available to carry out Research and Related Activities, of which-- (i) $496,955,000 shall be made available for Biological Sciences; (ii) $10,103,000 shall be made available for Computer and Information Science and Engineering; (iii) $417,422,000 shall be made available for Engineering; (iv) $568,486,000 shall be made available for Geosciences; (v) $834,740,000 shall be made available for Mathematical and Physical Sciences; (vi) $165,242,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $228,508,000 shall be made available for United States Polar Research Programs; (viii) $64,736,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $123,298,000 shall be made available for Integrative Activities; (B) $751,866,000 shall be made available for Education and Human Resources, of which $54,400,000 shall be for Graduate Research Fellowships; (C) $90,900,000 shall be made available for Major Research Equipment, of which-- (i) $28,460,000 shall be made available for the EarthScope; (ii) $16,900,000 shall be made available for the Large Hadron Collider; and (iii) $20,000,000 shall be made available for the National Ecological Observatory Network; (D) $167,094,000 shall be made available for Salaries and Expenses, of which $4,862,400 shall be made available for travel; and (E) $6,494,000 shall be made available for the Office of Inspector General. (c) Limitation.--Funds made available pursuant to subsections (a) and (b) shall not be used to employ more than 75 full-time equivalent positions in the Office of the Director for either fiscal year 2001 or 2002. SEC. 3. PLANT GENOMICS. (a) Plant Genome and Gene Expression Research and Development Centers.--The National Science Foundation is authorized to make grants for the establishment of regional plant genome and gene expression research and development centers, the purpose of which shall be to-- (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement, particularly the development and testing of new varieties of enhanced food crops; and (3) serve as centers for scientific and safety information on plant genomics. (b) Grant Awards.--Grant awards under this section shall be made through an open, peer-reviewed competition. When making awards, the National Science Foundation shall ensure that as many different agronomic environments as possible are represented. (c) Matching Funds.--The National Science Foundation shall not provide under this section more than 50 percent of the cost of establishing any research and development center. (d) Availability of Funds.--The National Science Foundation may use up to-- (1) $3,000,000 of the funds authorized by section 2(a)(2)(A)(i) for fiscal year 2001; and (2) $3,100,000 of the funds authorized by section 2(b)(2)(A)(i) for fiscal year 2002, to carry out this section. SEC. 4. RESEARCH ON LEARNING. (a) Research on Learning.-- (1) In general.--The National Science Foundation shall make grant awards to support research on learning focusing on the following 4 areas: (A) Brain research as a foundation for research on human learning. (B) Behavioral, cognitive, affective, and social aspects of human learning. (C) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (D) Learning in complex educational systems. The goals of this research shall be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1) and (b)(1), $25,000,000 for fiscal year 2001 and $29,000,000 for fiscal year 2002 shall be available for carrying out this subsection. (b) Establishment of Research on Learning Centers.-- (1) Establishment.--The National Science Foundation shall make grants for the establishment of centers of research on learning. The purpose of these centers shall be to bring together multidisciplinary teams of researchers to support the research goals described in subsection (a)(1). Grant awards under this subsection shall be made through an open, peer- reviewed competition. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1) and (b)(1), $6,000,000 for fiscal year 2001 and $6,000,000 for fiscal year 2002 shall be available for carrying out this subsection. (c) Interagency Education Research Initiative.-- (1) Participation.--The National Science Foundation is authorized to participate in the Interagency Education Research Initiative. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1) and (b)(1), $25,000,000 for fiscal year 2001 and $28,000,000 for fiscal year 2002 shall be available for carrying out this subsection. (d) Research on Learning Conference.--Within 6 months after the date of the enactment of this Act, the National Science Foundation shall sponsor a conference on human learning and education research, the goal of which shall be to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners. The purposes of that conference shall be to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to education practitioners. SEC. 5. TECHNICAL AMENDMENTS. The National Science Foundation Act of 1950 is amended-- (1) in section 3(b) (42 U.S.C. 1862(b)), by striking ``including the Office of Technology Assessment,'' (2) in section 5(e)(2) (42 U.S.C. 1864(e)(2)), by striking ``Labor and Human Resources'' and inserting ``Health, Education, Labor, and Pensions''; and (3) in section 13(a) (42 U.S.C. 1872(a)), by striking ``or the affidavit of allegiance to the United States required by section 15(d)(2) of this Act''. SEC. 6. REPORTS ELIMINATION. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: (1) Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). (2) Section 36(f) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(f)). (3) Section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (4) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886). (5) Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)). (6) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)). (7) Section 7(a) of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1873 note).

(Sec. 3) Authorizes NSF to make grants for the establishment of regional plant genome and gene expression research and development centers to: (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement, particularly the development and testing of new varieties of enhanced food crops; and (3) serve as centers for scientific and safety information on plant genomics. Prohibits NSF from providing funds for more than half of the cost of establishing any such research and development center. (Sec. 4) Directs NSF to make grant awards to support research on learning focusing on brain research as a foundation for research on human learning, behavioral, cognitive, affective, and social aspects of such learning, science, mathematics, engineering, and technological learning in formal and informal educational settings, and learning in complex educational systems. Declares that the goals of which such research shall be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. Requires NSF to make grants for the establishment of centers of research on learning to bring together multidisciplinary teams of researchers to support such research goals. Authorizes NSF to participate in the Interagency Education Research Initiative. Directs NSF to sponsor a conference on human learning and education research to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to such practitioners. (Sec. 5) Makes technical amendments to the National Science Foundation Act of 1950. (Sec. 6) Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified reports relevant to the jurisdiction of the House Committee on Science, including certain reports originating from the National Science Foundation.

National Science Foundation Authorization Act of 2000

SECTION 1. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means Dickinson Parks & Recreation in Dickinson, North Dakota. (2) Dickinson reservoir.--The term ``Dickinson Reservoir'' means the Dickinson Reservoir constructed as part of the Dickinson Unit, Heart Division, Pick-Sloan Missouri Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665). (3) Game and fish headquarters.--The term ``game and fish headquarters'' means the approximately 10 acres of land depicted as ``Game and Fish Headquarters'' on the Map. (4) Management agreement.--The term ``Management Agreement'' means the management agreement entitled ``Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and Maintenance of Lands and Recreation Facilities at Dickinson Reservoir'', MA No. 07AG602222, Modification No. 1 and dated March 15, 2017. (5) Map.--The term ``Map'' means the map prepared by the Bureau of Reclamation, entitled ``Dickinson Reservoir'', and dated May 2018. (6) Permitted cabin land.--The term ``permitted cabin land'' means the land depicted as ``Permitted Cabin Land'' on the Map. (7) Property.--The term ``property'' means any cabin site located on permitted cabin land for which a permit is in effect on the date of enactment of this Act. (8) Recreation land.--The term ``recreation land'' means the land depicted as ``Recreation and Public Purpose Lands'' on the Map. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (10) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Game and Fish Department. SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF PARKS AND RECREATION. (a) Conveyances to Dickinson Department of Parks and Recreation.-- (1) In general.--Subject to the management requirements of paragraph (3) and the easements and reservations under section 4, not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the Department all right, title, and interest of the United States in and to-- (A) the recreation land; and (B) the permitted cabin land. (2) Costs.-- (A) In general.--Except as provided in subparagraph (B), the Secretary shall convey the land described in paragraph (1) at no cost. (B) Title transfer; land surveys.--As a condition of the conveyances under paragraph (1), the Department shall agree to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in paragraph (1). (3) Management.-- (A) Recreation land.--The Department shall manage the recreation land conveyed under paragraph (1)-- (i) for recreation and public purposes consistent with the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.); (ii) for public access; (iii) for fish and wildlife habitat; or (iv) to preserve the natural character of the recreation land. (B) Permitted cabin land.--The Department shall manage the permitted cabin land conveyed under paragraph (1)-- (i) for cabins or recreational residences in existence as of the date of enactment of this Act; or (ii) for any of the recreation land management purposes described in subparagraph (A). (4) Haying and grazing.--With respect to recreation land conveyed under paragraph (1) that is used for haying or grazing authorized by the Management Agreement as of the date of enactment of this Act, the Department may continue to permit haying and grazing in a manner that is permissible under the 1 or more haying or grazing contracts in effect as of the date of enactment of this Act. (b) Reversion.--If a parcel of land conveyed under subparagraph (A) or (B) of subsection (a)(1) is used in a manner that is inconsistent with the requirements described in subparagraph (A) or (B), respectively, of subsection (a)(3), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (c) Sale of Permitted Cabin Land by Department.-- (1) In general.--If the Department sells any parcel of permitted cabin land conveyed under subsection (a)(1)(B), the parcel shall be sold at fair market value, as determined by a third-party appraiser in accordance with the Uniform Standards of Professional Appraisal Practice, subject to paragraph (2). (2) Improvements.--For purposes of an appraisal conducted under paragraph (1), any improvements on the permitted cabin land made by the permit holder shall not be included in the appraised value of the land. (3) Proceeds from the sale of land by the department.--If the Department sells a parcel of permitted cabin land conveyed under subsection (a)(1)(B), the Department shall pay to the Secretary the amount of any proceeds of the sale that exceed the costs of preparing the sale by the Department. (d) Availability of Funds to the Secretary.--Any amounts paid to the Secretary for land conveyed by the Secretary under this Act shall be made available to the Secretary, subject to the availability of appropriations made in advance, for activities relating to the operation of the Dickinson Dam and Reservoir. SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE. (a) Conveyance of Game and Fish Headquarters.--Not later than 5 years after the date of enactment of this Act, the Secretary shall convey to the State all right, title, and interest of the United States in and to the game and fish headquarters, on the condition that the game and fish headquarters continue to be used as a game and fish headquarters or substantially similar purposes. (b) Reversion.--If land conveyed under subsection (a) is used in a manner that is inconsistent with the requirements described in that subsection, the land shall, at the discretion of the Secretary, revert to the United States. SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS. (a) In General.--Each conveyance to the Department or the State pursuant to this Act shall be made subject to-- (1) valid existing rights; (2) operational requirements of the Pick-Sloan Missouri River Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665), including the Dickinson Reservoir; (3) any flowage easement reserved by the United States to allow full operation of Dickinson Reservoir for authorized purposes; (4) reservations described in the Management Agreement; (5) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, the United States or a third party; (6) any permit, license, lease, right-of-use, flowage easement, or right-of-way of record in, on, over, or across the applicable property or Federal land, whether owned by the United States or a third party, as of the date of enactment of this Act; (7) a deed restriction that prohibits building any new permanent structure on property below an elevation of 2,430.6 feet; and (8) the granting of applicable easements for-- (A) vehicular access to the property; and (B) access to, and use of, all docks, boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act. (b) Liability; Taking.-- (1) Liability.--The United States shall not be liable for flood damage to a property subject to a permit, the Department, or the State, or for damages arising out of any act, omission, or occurrence relating to a permit holder, the Department, or the State, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. (2) Taking.--Any temporary flooding or flood damage to the property of a permit holder, the Department, or the State, shall not be considered to be a taking by the United States. SEC. 5. INTERIM REQUIREMENTS. During the period beginning on the date of enactment of this Act and ending on the date of conveyance of a property or parcel of land under this Act, the provisions of the Management Agreement that are applicable to the property or land, or to leases between the State and the Secretary, and any applicable permits, shall remain in force and effect. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This bill directs the Commissioner of Reclamation to: (1) provide to the holder of a permit for a cabin site located on federal property around the Dickinson Reservoir in North Dakota the first option to purchase the site for fair market value, provided that the permittee first pay to Dickinson Parks & Recreation (the Department) any outstanding permit fees before exercising such option; and (2) convey to a permittee who exercises such option all U.S. interest in the site, easements for access to the site, a dock for the site, and the improvements on it. The fair market value of a property shall be determined by a local, third-party appraiser, valuing the property as unimproved residential property, excluding all improvements. Beginning two years after enactment of this bill: (1) if a permittee has not exercised such option, the Commissioner shall transfer the site to the Department, without cost; and (2) the Commissioner shall transfer to the Department, without cost, land currently managed by the Department on which no cabin is located. Each such conveyance and transfer shall be made subject to specified mineral rights and rights-of-way of third parties. A permittee may not build any new permanent structure below an elevation of 2,430 feet. If a permittee builds such a structure, the permittee's site shall revert to the Department. Revenues from a sale of federal land pursuant to this bill shall be made available to the Commissioner for: (1) the costs of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.

A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat data and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, and the Commercial Space Act of 1998 all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) even when aware of the utility of remote sensing and geospatial technologies in the area of wildland fire management to detect and monitor a wildland fire in real-time from the early stages of fire growth, many State, local, regional, and tribal agencies are hampered by a lack of overall strategy guiding interagency management of resources and technology, according to a September 2003 Government Accounting Office report; (10) remote sensing and other geospatial information, especially when used in a coordinated approach, can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in wildland fire management and environmental impact and disaster relief planning and management; (11) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (12) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sector through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; and (3) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management; and (3) State, local, regional, and tribal agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2008, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. COST SENSITIVITY STUDY. The Administrator shall conduct a study of the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. The study shall identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. Not later than 2 years after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of the study conducted under this section. SEC. 9. REPORT. Not later than 6 months after the date of enactment of this Act, the National Aeronautics and Space Administration shall submit to Congress a report on how agencies are implementing the recommendations contained in the September 2003 General Accounting Office report entitled ``Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2005 through 2009 to carry out this Act.

Remote Sensing Applications Act of 2004 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects. Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management; and (3) such agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation. Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project. (Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations. Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness. (Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database. (Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Requires the Administrator to study and transmit results to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. Requires such study to identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. (Sec. 9) Directs NASA to submit a report to Congress on how agencies are implementing recommendations contained in the General Accounting Office report entitled "Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain" (September 2003). (Sec. 10) Authorizes appropriations.

To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Respect Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental rights. (3) An alarming trend of violence directed at LGBT individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, Russia, Uganda, and Ukraine have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) There are too many instances in which police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall transmit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information-- (1) is responsible for or complicit in the extrajudicial killing, torture, or other gross violation of internationally recognized human rights, including widespread or systematic violation of the fundamental freedoms of expression, association, or assembly, committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates.--The President shall transmit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance Relating to Submission of Certain Information.--The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form.-- (1) In general.--The list required by subsection (a) shall be transmitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a) may be transmitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before transmitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Consideration of certain information.--In preparing the list required by subsection (a), the President shall consider-- (A) information provided by the Chairperson or Ranking Member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal From List.--A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that-- (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in paragraph (1) or (2) of subsection (a). (f) Requests by Chairperson or Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the Chairperson or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall transmit a response to that Chairperson or Ranking Member, as the case may be, with respect to the status of the foreign person at issue. (2) Form.--The President may transmit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.-- (A) In general.--If the President removes from the list required by subsection (a) a foreign person that has been placed on the list, the President shall provide the Chairpersons and Ranking Members of the appropriate congressional committees with any information that contributed to such removal decision. (B) Form of information.--The President may transmit the information requested by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas and Admission to the United States.--An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current Visas Revoked and Removal From United States.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if-- (A) the Secretaries determine that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers.--In the case of a waiver under subparagraph (A)(ii) of paragraph (1), the Secretaries shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding each report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons therefor; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Tracking Violence or Criminalization Related to Sexual Orientation or Gender Identity.--The Assistant Secretary for Democracy, Human Rights and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) in paragraph (11)(C), by striking ``and'' at the end; (B) in paragraph (12)-- (i) in subparagraph (B), by striking ``and'' at the end; and (ii) in subparagraph (C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, consistent with United States law, of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''; and (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following new sentence: ``Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, consistent with United States law, of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''.

Global Respect Act - Directs the President to submit to Congress a list of each foreign person that the President determines is responsible, or acted as an agent, for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. Makes a listed foreign person ineligible to enter or be admitted to the United States. Requires revocation of any visa issued for such person. Authorizes the Secretary of State and the Secretary of Homeland Security (DHS) to waive such prohibition if in U.S. national security interests or if necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Requires congressional notification prior to any such waiver. Directs the Assistant Secretary for Democracy, Human Rights and Labor to designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. Amends the Foreign Assistance Act of 1961 to include information on sexual orientation or gender identity violence or restrictions in the annual country reports on human rights practices.

Global Respect Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dividend Taxation Elimination Act of 2003''. SEC. 2. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends which are otherwise includible in gross income and which are received during the taxable year by an individual. ``(b) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k). ``(4) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations).''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (2) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of dividends received during the taxable year which are excluded from gross income under section 116.''. (3) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (4) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (5) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.''. (6) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends received by individuals) and'' after ``For purposes of''. (7) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (8) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Dividend Taxation Elimination Act of 2003 - Amends the Internal Revenue Code to exclude dividends from gross income, with specified exceptions.

To amend the Internal Revenue Code of 1986 to allow individuals to exclude dividend income.

SECTION 1. EXCLUSION FROM GROSS INCOME OF QUALIFIED LESSEE CONSTRUCTION ALLOWANCES NOT LIMITED TO SHORT-TERM LEASES. (a) In General.--Subsection (a) of section 110 of the Internal Revenue Code of 1986 (relating to qualified lessee construction allowances for short term leases) is amended by striking the period at the end and inserting ``, and the amount expended meets the requirements of the expenditure rule. Paragraph (1) shall not apply if the lessee is a qualified retail business (as defined by section 118(d)(3) without regard to the proximity requirement in subparagraph (A) thereof).''. (b) Expenditure Rule.--Section 110 of such Code is amended by redesignating subsections (b),(c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Expenditure Rule.--An expenditure meets the requirements of this subsection if the expenditure occurs before the end of the second taxable year after such amount was received.''. (c) Conforming Amendments.-- (1) The section heading for section 110 of such Code is amended by striking ``for short-term leases''. (2) The item relating to section 110 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking ``for short-term leases''. (d) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act. SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN CONTRIBUTIONS TO THE CAPITAL OF CERTAIN RETAILERS. (a) In General.--Section 118 of the Internal Revenue Code of 1986 (relating to contributions to the capital of a corporation) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Safe Harbor for Contributions to Certain Retailers.-- ``(1) General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received by the taxpayer if-- ``(A) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years, ``(B)(i) immediately after the receipt of such money or other property, the taxpayer owns the land and the structure to be used by the taxpayer in carrying on a qualified retail business at such location, or ``(ii) the taxpayer uses such amount to acquire ownership of at least such land and structure, ``(C) such amount meets the requirements of the expenditure rule of paragraph (2), and ``(D) the contributor of such amount does not hold a beneficial interest in any property located on the premises of such qualified retail business other than de minimis amounts of property associated with the operation of property adjacent to such premises. ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition of land or for acquisition or construction of other property described in section 1231(b)-- ``(i) which was the purpose motivating the contribution, and ``(ii) which is used predominantly in a qualified retail business at the location referred to in paragraph (1)(A), ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and ``(C) accurate records are kept of the amounts contributed and expenditures made on the basis of the project for which the contribution was made and on the basis of the year of the contribution expenditure. ``(3) Definition of qualified retail business.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified retail business' means a trade or business of selling tangible personal property to the general public if the premises on which such trade or business is conducted is in close proximity to property that the contributor of the amount referred to in paragraph (1) is developing or operating for profit (or, in the case of a contributor which is a governmental entity, is attempting to revitalize). ``(B) Services.--A trade or business shall not fail to be treated as a qualified retail business by reason of sales of services if such sales are incident to the sale of tangible personal property or if the services are de minimis in amount. ``(4) Special rules.-- ``(A) Leases.--For purposes of paragraph (1), property shall be treated as owned by the taxpayer if the taxpayer is the lessee of such property under a lease having a term of at least 30 years and on which only nominal rent is required. ``(B) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person. ``(5) Disallowance of deductions and credits; adjusted basis.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any amount received by the taxpayer which constitutes a contribution to capital to which this subsection applies. The adjusted basis of any property acquired with the contributions to which this subsection applies shall be reduced by the amount of the contributions to which this subsection applies. ``(6) Regulations.--The Secretary shall prescribe such regulations are appropriate to prevent the abuse of the purposes of the subsection, including regulations which allocate income and deductions (or adjust the amount excludable under this subsection) in cases in which-- ``(A) payments in excess of fair market value are paid to the contributor by the taxpayer, or ``(B) the contributor and the taxpayer are related parties.''. (b) Conforming Amendment.--Subsection (e) of section 118 of such Code (as redesignated by subsection (a)) is amended by adding at the end the following flush sentence: ``Rules similar to the rules of the preceding sentence shall apply to any amount treated as a contribution to the capital of the taxpayer under subsection (d).''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.

Amends the Internal Revenue Code, with respect to the exclusion from a lessee's gross income of qualified construction allowances for short-term leases, to require that in order to qualify for the exclusion the construction expenditure must occur before the end of the second taxable year after the allowance was received.Revises the exclusion from gross income (safe harbor) for certain contributions to the capital of a corporation to extend such exclusion to money or other property received by a retailer under specified conditions concerning length of business operation at a particular location and land and structure ownership at such location.Declares that a taxpayer shall be treated as owning the land if the taxpayer is the lessee of such land under a lease having a term of at least 30 years, and on which only nominal rent is required.Disallows any deduction or credit for, or by reason of, any amount received by the taxpayer which constitutes a contribution to capital.

To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patient Access to Emergency Medications Act of 2016''. SEC. 2. EMERGENCY MEDICAL SERVICES. Section 303 of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Emergency Medical Services That Administer Controlled Substances.-- ``(1) Registration.--For the purpose of enabling emergency medical services professionals to administer controlled substances in schedule II, III, IV, or V to ultimate users receiving emergency medical services in accordance with the requirements of this subsection, the Attorney General-- ``(A) shall register an emergency medical services agency if the agency submits an application demonstrating it is authorized to conduct such activity under the laws of each State in which the agency practices; and ``(B) may deny an application for such registration if the Attorney General determines that the issuance of such registration would be inconsistent with the requirements of this subsection or the public interest based on the factors listed in subsection (f). ``(2) Option for single registration.--In registering an emergency medical services agency pursuant to paragraph (1), the Attorney General shall allow such agency the option of a single registration in each State where the agency administers controlled substances in lieu of requiring a separate registration for each location of the emergency medical services agency. ``(3) Hospital-based agency.--If a hospital-based emergency medical services agency is registered under subsection (f), the agency may use the registration of the hospital to administer controlled substances in accordance with this subsection without being registered under this subsection. ``(4) Administration outside physical presence of medical director or authorizing medical professional.--Emergency medical services professionals of a registered emergency medical services agency may administer controlled substances in schedule II, III, IV, or V outside the physical presence of a medical director or authorizing medical professional in the course of providing emergency medical services if the administration is-- ``(A) authorized by the law of the State in which it occurs; and ``(B) pursuant to-- ``(i) a standing order that is issued and adopted by one or more medical directors of the agency, including any such order that may be developed by a specific State authority; or ``(ii) a verbal order that is-- ``(I) issued in accordance with a policy of the agency; ``(II) provided by an authorizing medical professional in response to a request by the emergency medical services professional with respect to a specific patient; ``(III) in the case of a mass casualty incident; or ``(IV) to ensure the proper care and treatment of a specific patient. ``(5) Delivery.--A registered emergency medical services agency may deliver controlled substances from a registered location of the agency to an unregistered location of the agency only if-- ``(A) the agency designates the unregistered location for such delivery; and ``(B) notifies the Attorney General at least 30 days prior to first delivering controlled substances to the unregistered location. ``(6) Storage.--A registered emergency medical services agency may store controlled substances-- ``(A) at a registered location of the agency; ``(B) at any designated location of the agency or in an emergency services vehicle situated at a registered or designated location of the agency; or ``(C) in an emergency medical services vehicle used by the agency that is-- ``(i) traveling from, or returning to, a registered or designated location of the agency in the course of responding to an emergency; or ``(ii) otherwise actively in use by the agency. ``(7) No treatment as distribution.--The delivery of controlled substances by a registered emergency medical services agency pursuant to this subsection shall not be treated as distribution for purposes of section 308. ``(8) Restocking of emergency medical services vehicles at a hospital.--Notwithstanding paragraph (13)(J), a registered emergency medical services agency may receive controlled substances from a hospital for purposes of restocking an emergency medical services vehicle following an emergency response, and without being subject to the requirements of section 308, provided all of the following conditions are satisfied: ``(A) The registered or designated location of the agency where the vehicle is primarily situated maintains a record of such receipt in accordance with paragraph (9). ``(B) The hospital maintains a record of such delivery to the agency in accordance with section 307. ``(C) If the vehicle is primarily situated at a designated location, such location notifies the registered location of the agency within 72 hours of the vehicle receiving the controlled substances. ``(9) Maintenance of records.-- ``(A) In general.--A registered emergency medical services agency shall maintain records in accordance with subsections (a) and (b) of section 307 of all controlled substances that are received, administered, or otherwise disposed of pursuant to the agency's registration, without regard to subsection 307(c)(1)(B). ``(B) Requirements.--Such records-- ``(i) shall include records of deliveries of controlled substances between all locations of the agency; and ``(ii) shall be maintained, whether electronically or otherwise, at each registered and designated location of the agency where the controlled substances involved are received, administered, or otherwise disposed of. ``(10) Other requirements.--A registered emergency medical services agency, under the supervision of a medical director, shall be responsible for ensuring that-- ``(A) all emergency medical services professionals who administer controlled substances using the agency's registration act in accordance with the requirements of this subsection; ``(B) the recordkeeping requirements of paragraph (9) are met with respect to a registered location and each designated location of the agency; ``(C) the applicable physical security requirements established by regulation of the Attorney General are complied with wherever controlled substances are stored by the agency in accordance with paragraph (6); and ``(D) the agency maintains, at a registered location of the agency, a record of the standing orders issued or adopted in accordance with paragraph (9). ``(11) Regulations.--The Attorney General may issue regulations-- ``(A) specifying, with regard to delivery of controlled substances under paragraph (5)-- ``(i) the types of locations that may designated under such paragraph; and ``(ii) the manner in which a notification under paragraph (5)(B) must be made; ``(B) specifying, with regard to the storage of controlled substances under paragraph (6), the manner in which such substances must be stored at registered and designated locations, including in emergency medical service vehicles; and ``(C) addressing the ability of hospitals, registered locations, and designated locations to deliver controlled substances to each other in the event of-- ``(i) shortages of such substances; ``(ii) a public health emergency; or ``(iii) a mass casualty event. ``(12) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to limit the authority vested in the Attorney General by other provisions of this title to take measures to prevent diversion of controlled substances; or ``(B) to override the authority of any State to regulate the provision of emergency medical services. ``(13) Definitions.--In this section: ``(A) The term `designated location' means a location designated by an emergency medical services agency under paragraph (5). ``(B) The term `emergency medical services' means emergency medical response and emergency mobile medical services provided outside of a fixed medical facility. ``(C) The term `emergency medical services agency' means an organization providing emergency medical services, including such an organization that-- ``(i) is governmental (including fire-based and hospital-based agencies), nongovernmental (including hospital-based agencies), private, or volunteer-based; ``(ii) provides emergency medical services by ground, air, or otherwise; and ``(iii) is authorized by the State in which the organization is providing such services to provide emergency medical care, including the administering of controlled substances, to members of the general public on an emergency basis. ``(D) The term `emergency medical services professional' means a health care professional (including a nurse, paramedic, or emergency medical technician) licensed or certified by the State in which the professional practices and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services within the scope of the professional's State license or certification. ``(E) The term `emergency medical services vehicle' means an ambulance, fire apparatus, supervisor truck, or other vehicle used by an emergency medical services agency for the purpose of providing or facilitating emergency medical care and transport or transporting controlled substances to and from the registered and designated locations. ``(F) The term `hospital-based' means, with respect to an agency, owned or operated by a hospital. ``(G) The term `medical director' means a physician who is registered under subsection (f) and provides medical oversight for an emergency medical services agency. ``(H) The term `medical oversight' means supervision of the provision of medical care by an emergency medical services agency. ``(I) The term `medical professional' means an emergency or other physician, or another medical professional (including an advanced practice registered nurse or physician assistant) whose scope of practice under a State license or certification includes the ability to provide verbal orders. ``(J) The term `registered location' means a location that appears on the certificate of registration issued to an emergency medical services agency under this subsection or subsection (f), which shall be where the agency receives controlled substances from distributors. ``(K) The term `registered emergency medical services agency' means-- ``(i) an emergency medical services agency that is registered pursuant to this subsection; or ``(ii) a hospital-based emergency medical services agency that is covered by the registration of the hospital under subsection (f). ``(L) The term `specific State authority' means a governmental agency or other such authority, including a regional oversight and coordinating body, that, pursuant to State law or regulation, develops clinical protocols regarding the delivery of emergency medical services in the geographic jurisdiction of such agency or authority within the State that may be adopted by medical directors. ``(M) The term `standing order' means a written medical protocol in which a medical director determines in advance the medical criteria that must be met before administering controlled substances to individuals in need of emergency medical services. ``(N) The term `verbal order' means an oral directive that is given through any method of communication including by radio or telephone, directly to an emergency medical services professional, to contemporaneously administer a controlled substance to individuals in need of emergency medical services outside the physical presence of the authorizing medical director.''. Passed the House of Representatives November 14, 2016. Attest: KAREN L. HAAS, Clerk.

Protecting Patient Access to Emergency Medications Act of 2016 (Sec. 2) This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration (DEA) to register an emergency medical services (EMS) agency to administer controlled substances if the agency submits an application demonstrating that it is authorized to conduct such activity in the state in which the agency practices. The DEA may deny an application if it determines that the registration is inconsistent with the public interest. An EMS agency may obtain a single registration in each state instead of a separate registration for each location. A registered EMS agency may deliver, store, and receive controlled substances, subject to specified conditions. An EMS professional of a registered EMS agency may administer controlled substances in schedules II, III, IV, or V outside the physical presence of a medical director if such administration is authorized under state law and pursuant to a standing or verbal order, subject to specified conditions. The bill specifies that a hospital-based EMS agency (i.e., an EMS agency owned or operated by a hospital) may continue to administer controlled substances under the hospital's DEA registration.

Protecting Patient Access to Emergency Medications Act of 2016

SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended-- (A) by striking ``50 percent'' and inserting ``100 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``100-Percent''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 1(h)(5) of such Code is amended to read as follows: ``(A) collectibles gain, over''. (B) Section 1(h) of such Code is amended by striking paragraph (8). (C) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (D) The heading for section 1202 of such Code is amended by striking ``50-percent'' and inserting ``100- percent''. (E) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``100-percent''. (b) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of such Code (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of such Code (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 2002, the $300,000,000 amount contained in paragraph (1) shall 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 2001' 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.'' (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is amended by striking subsection (b). (g) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of such Code (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to stock issued after the date of enactment of this Act. (2) Special rule.--The amendments made by subsections (a), (c), (e), (f), and (g)(1) apply to stock issued after August 10, 1993. SEC. 2. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE STOCK OPTIONS. (a) In General.--Subsection (b) of section 56 of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (b) Effective Date.--The amendment made by this section shall apply to options exercised in calendar years beginning after the date of the enactment of this Act.

Increases from 50 to 100 percent the amount of gain excluded from the sale of certain small business stock. Reduces from five to three years the holding period applicable to such a sale. Makes such exclusion available to corporations. Makes the stock of larger businesses eligible.Repeals the minimum tax preference for the exclusion for incentive stock options.

To amend the Internal Revenue Code of 1986 to increase and modify the exclusion relating to qualified small business stock and to provide that the exclusion relating to incentive stock options will no longer be a minimum tax preference.

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. Passed the House of Representatives June 18, 2002. Attest: JEFF TRANDAHL, Clerk.

Code Talkers Recognition Act - Declares that the purposes 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 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 - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal to named Sioux Indians who served as Sioux Code Talkers during World War II.Title II: Comanche Code Talkers - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal to named Comanche Code Talkers of World War II in recognition of their contributions to the Nation.Title III: Choctaw Code Talkers - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal honoring the Choctaw Code Talkers who transmitted information in their native language which was highly successful in saving men and munitions during World War I.Title IV: General Provisions - Provides for the award on behalf of Congress (where appropriate, posthumously) of a gold medal to any other Native American Code Talker identified by the Secretary of Defense.(Sec. 403) 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 ``Rural Veterans Services Outreach and Training Act''. SEC. 2. DEFINITION OF OUTREACH. Section 101 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(34) The term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans, who may be eligible to receive benefits under the laws administered by the Secretary, and to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws.''. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS GRANT PROGRAM FOR RURAL COUNTY VETERAN SERVICE OFFICERS. (a) Grants.--Chapter 5 of title 38, United States Code, is amended by inserting after section 531 the following new section: ``Sec. 532. Grants to assist certain rural counties in employing county veteran service officers; professional qualifications ``(a) Purpose.--The purpose of this section is to improve outreach and assistance to veterans, and to the spouses, children, and parents of veterans, who may be eligible to receive veterans' or veterans- related benefits and who are residing in rural counties through the training of rural county veteran service officers. ``(b) Grant Program.--The Secretary shall carry out a program to make competitive grants in accordance with this section to provide financial assistance to State departments of veteran affairs for the purpose stated in subsection (a). ``(c) Amount of Grant.--The amount of a grant under this section shall be determined by the Secretary, but may not exceed $1,000,000. ``(d) Eligibility.--For purposes of this section, a State is eligible for a grant under this section if it can demonstrate any of the following: ``(1) That it has at least one county, in which veterans reside, that does not have a county veterans service officer. ``(2) That it has at least one county, in which veterans reside, that has a county veterans service officer who performs county veterans service officer functions on less than a full- time basis and that county is able to demonstrate a need for additional services by a county veterans service officer. ``(3) That it has at least one county, in which not fewer than 1,000 veterans reside, that currently has a full-time county veterans service officer, but only if the county is able to demonstrate a need for additional services by a county veterans service officer. ``(e) Competition for Grant.--An eligible State seeking a grant under this section shall submit to the Secretary an application for the grant. The application shall be in such form and shall contain such information as the Secretary may require, including information establishing that the State is an eligible State under this section. From the applications submitted the Secretary shall approve those applications that the Secretary determines to be the most promising in carrying out the purposes of the grant program. Each State whose application is selected by the Secretary to receive a grant under the grant program shall receive funds in an amount determined by the Secretary under subsection (c). In making such determination, the Secretary shall take into consideration the amount of the total appropriation for the grant program, the relative size of the State's veteran population, and the funding necessary to improve training and outreach of county veteran service officers in rural counties. Such funds shall go to the State department of veterans' affairs. ``(f) Requirements for State Receipt of Federal Funds.--Each State receiving a grant under this section shall-- ``(1) provide to the Secretary information and assurances that the funds received under the grant program for the training of county veteran service officers will go to assist counties in which not less than 1,000 veterans reside, and which, in accordance with standards and classification of the Census Bureau, consists entirely of territory, population, and housing units outside of territory classified by the Census Bureau as an `urban area'; ``(2) provide an assurance that the State agency shall match the Federal funds provided under this section by providing at least 20 percent of the total cost of the grant program; and ``(3) use funds received under this section only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the purposes of this section, and not to supplant such funds. ``(g) County Veteran Service Officer.--For purposes of this section, a county veteran service officer is an employee of a county (regardless of job title) whose duties include providing to veterans residing in the county advice and casework services related to benefits provided under laws administered by the Secretary. ``(h) Grant Frequency.--Grants under this section shall be made on an annual basis.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 531 the following new item: ``532. Grants to assist certain rural counties in employing county veteran service officers; professional qualifications.''.

Rural Veterans Services Outreach and Training Act - Directs the Secretary of Veterans Affairs to carry out a program to make competitive grants to provide financial assistance to state departments of veterans affairs for the training of rural county veteran service officers in order to improve outreach and assistance to veterans, as well as their spouses, children, and parents, who may be eligible to receive veterans' or veterans-related benefits and who are residing in rural counties. Limits each grant to $1 million. Requires grants to be made on an annual basis.

To amend title 38, United States Code, to improve services for veterans residing in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Bus.--The term ``bus'' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. (2) School bus.--The term ``school bus'' means a bus that is used for purposes that include carrying pupils to and from public or private school or school-related events on a regular basis. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. (b) Exemption for Certain States.--In prescribing proficiency standards under subsection (a), the Secretary shall provide that a State may, instead of utilizing such proficiency standards, utilize proficiency standards established by the State before the date of the prescription of efficiency standards under subsection (a) if the Secretary determines that the standards of the State establish proficiency requirements as rigorous as the proficiency requirements established under the standards prescribed under subsection (a). (c) Demonstration of Proficiency.--Upon the prescription of standards under subsection (a), each school bus driver referred to in subsection (a) shall demonstrate (at such interval as the Secretary shall prescribe) to the employer of the driver, the school district, the State licensing agency, or other person or agency responsible for regulating school bus drivers the proficiency of such driver in operating a school bus in accordance with the proficiency standards prescribed under subsection (a) or the proficiency standards established by the State concerned, as the case may be. SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS. The Administrator of the National Highway Traffic Safety Administration shall develop and disseminate guidelines on the safe transportation in school buses of children under the age of 5. Such guidelines shall include recommendations for the evacuation of such children from such buses in the event of an emergency. SEC. 5. IMPROVED INTERSTATE SCHOOL BUS SAFETY. (a) Applicability of Federal Motor Carrier Safety Regulations to Interstate School Bus Operations.--Section 31136 of title 49, United States Code, is amended-- (1) by striking the second sentence of subsection (e); and (2) by adding at the end the following new subsection: ``(g) Applicability to School Transportation Operations of Local Education Agencies.--Not later than 6 months after the date of the enactment of this subsection, the Secretary shall issue regulations making the relevant commercial motor carrier safety regulations issued under subsection (a) applicable to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965).''. (b) Education Program.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall develop and implement an education program informing all local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965) that they must comply with the Federal commercial motor vehicle safety regulations issued under section 31136 of title 49, United States Code, when providing interstate transportation on a school bus vehicle to and from school-sanctioned and school-related activities. (c) Compliance Reports.--Each year for the first 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress by June 1 a report describing in detail the status of compliance by private motor carriers (for-hire) and local educational agencies in meeting the requirements of section 31136 of title 49, United States Code, and enforcement actions undertaken by the Department of Transportation. SEC. 6. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS FOR SCHOOL BUS SAFETY. Section 6055(d) of the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of the school bus.''. SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS SAFETY. Notwithstanding any other provision of law, the Secretary shall ensure that each State receiving aid to conduct highway safety programs under section 402(c) of title 23, United States Code, shall utilize a portion (as determined by the Secretary) of such aid for the purpose of conducting traffic engineering activities in order to improve the safe operation of school buses. The Secretary shall, to the maximum extent practicable, ensure that the total amount utilized by such States for such purpose in any fiscal year shall not be less than $1,000,000. SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES. (a) Commencement of Rulemaking Process.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall begin a rulemaking process to determine the feasibility and practicability of the following: (1) A requirement for a decrease in the flammability of the materials used in the construction of the interiors of school buses. (2) A requirement that individuals, school districts, or companies that sell in the secondary market school buses that may be used in interstate commerce inform purchasers of such buses that such buses may not meet current National Highway Transportation Safety Administration standards or Federal Highway Administration standards with respect to such buses. (3) The establishment of construction, design, and securement standards for wheelchairs used in the transportation of students in school buses. (b) Final Rule.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate a final rule providing for any requirement or standard referred to in paragraph (1), (2), or (3) of subsection (a) that the Secretary determines to be feasible and practicable. SEC. 9. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY. (a) Dissemination of Information.--In carrying out research on highway safety under section 403 of title 23, United States Code, the Secretary, in consultation with the American Automobile Association, State educational agencies, the National Safety Council, and highway safety organizations, shall-- (1) improve existing materials on school bus safety; and (2) improve the distribution and availability of such materials to schools for use by the student safety patrols of such schools and to appropriate law enforcement agencies. (b) Funds.--Notwithstanding any other provision of law, of the funds available to the Secretary for research on highway safety and traffic conditions under such section 403 in each of fiscal years 1995 through 2000, $100,000 shall be available in each such fiscal year for the purposes of carrying out this section. SEC. 10. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Prohibition on Employment Pending Check.--Notwithstanding any other provision of law and except as provided in subsection (b), a local educational agency, and any contractor providing school transportation services to such an agency, may not newly employ a person as a driver of a school bus of or on behalf of the agency before the completion of a background check of the person in the national criminal history background check system. The purpose of the check is to determine whether the person has been convicted of a crime which would warrant barring the person from duties as a driver of a school bus. (b) Exception.--A local educational agency or a contractor may newly employ a person as a driver of a school bus of or on behalf of the agency if a check of the person is not completed by the end of the 21-day period beginning on the date of the request for the check by the agency. The agency or contractor may commence such employment beginning at the end of such 21-day period. (c) Check Procedures.--Each State shall establish procedures for conducting checks under this section. Such procedures shall include the designation of an agency of the State to carry out the checks and shall meet the guidelines set forth in section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(b)). (d) Limitation on Liability.--A local educational agency or a contractor providing transportation services to such an agency shall not be liable in an action for damages on the basis of a criminal conviction of a person employed by the agency or contractor as a school bus driver if-- (1) a check of the person was conducted under this section; and (2) the conviction was not disclosed to the agency or contractor pursuant to the check. (e) Fees.-- (1) In general.--The Federal Bureau of Investigation may impose and collect fees for the provision of assistance in the conduct of checks under this section. The amount of such fees may not exceed the actual cost to the Federal Bureau of Investigation of providing such assistance. (2) Monitoring.--The Attorney General shall monitor the collection of fees under this subsection for purposes of ensuring that-- (A) such fees are collected on a uniform basis; and (B) the amounts collected reflect only the actual cost to the Federal Bureau of Investigation of providing assistance in the conduct of background checks. (f) Definitions.--In this section, the following definitions apply: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) National criminal history background check system.--The term ``national criminal history background check system'' has the meaning given such term in section 5(6) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(6)). (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (g) Applicability.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to the new employment of persons by local educational agencies or contractors beginning on the later of-- (A) the date that is 60 days after the date of the enactment of this Act; or (B) the date on which the State in which the agencies or contractors are located establishes the procedures required under subsection (c). (2) Exceptions.--During the period beginning on the date of the enactment of this Act and ending on the date of the applicability of this section to a local educational agency or contractor under paragraph (1), the local educational agency or contractor shall, to the maximum extent practicable, request that the Federal Bureau of Investigation conduct a background check with fingerprints of each person newly employed by the local educational agency or contractor as a school bus driver of or on behalf of the local educational agency. (h) Funding.-- (1) Violence prevention programs.--Section 4116(b)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(b)(5)) is amended by striking ``and neighborhood patrols'' and inserting ``neighborhood patrols, and criminal background checks of potential drivers of school buses under section 5 of the School Bus Safety Act.''. (2) Innovative education assistance.--Section 6301(b) of such Act (20 U.S.C. 7351(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) the carrying out of criminal background checks of potential drivers of school buses under section 4 of the School Bus Safety Act.''. SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY. (a) Study.-- (1) In general.--The Secretary shall carry out a study to determine the following: (A) The usage of seat belts on school buses. (B) The extent to which public transit vehicles are engaged in school bus operations. (C) The point at which a public transit vehicle is sufficiently engaged in such operations as to be considered a school bus for purposes of regulation under Federal law. (D) The differences between school bus operations carried out directly by schools or school districts and school bus operations carried out by schools or school districts by contract. (2) Areas.--The study shall address the differences between the services and operations referred to in paragraph (1)(D) in terms of-- (A) crash injury data; (B) driver and carrier requirements; (C) passenger transportation requirements; (D) bus construction and design standards; (E) Federal and State operating assistance (per passenger/per mile/per hour); (F) total operating costs; (G) Federal and State capital assistance (per passenger/per mile/per hour); (H) total capital costs; and (I) such other factors as the Secretary considers appropriate. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report on the results of the study carried out under subsection (a) the following: (1) The Committee on Environment and Public Works of the Senate. (2) The Committee on Commerce, Science, and Transportation of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Transportation and Infrastructure of the House of Representatives. (5) The Committee on Commerce of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. SEC. 12. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES. The Secretary of Transportation shall-- (1) not later than December 31, 1995, issue a notice of proposed rulemaking with respect to the minimum reporting criteria required under the tenth sentence of section 402(a) of title 23, United States Code; and (2) not later than December 31, 1996, and after an opportunity for public comment, issue a final rule establishing such criteria. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards. (Sec. 4) Directs the Administrator of the National Highway Traffic Safety Administration to develop and disseminate guidelines on the safe transportation in school buses of children under the age of five. (Sec. 5) Amends Federal transportation law to require the Secretary to issue regulations making Federal commercial motor carrier safety regulations applicable to all interstate school operations by local educational agencies. Directs the Secretary to develop an education program informing all local educational agencies that they must comply with such regulations when providing interstate transportation on a school bus to and from school-sanctioned and school-related activities. (Sec. 6) Amends the Intelligent Vehicle-Highway Systems Act of 1991 to require the Secretary, in deciding which projects to fund under such Act, to ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of a school bus. (Sec. 7) Requires the Secretary to ensure that each State receiving Federal aid to conduct highway safety programs utilizes a portion of it (at least $1 million per fiscal year) to conduct traffic engineering activities to improve the safe operation of school buses. (Sec. 8) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses. (Sec. 9) Requires the Secretary, in carrying out highway safety research and development projects, to provide for the dissemination of information on school bus safety. (Sec. 10) Prohibits a local educational agency, and any contractor providing transportation services to such agency, from employing a person as a school bus driver before the completion of a background check of the person in the national criminal history background check system. Requires State criminal background check procedures to meet the guidelines set forth in the National Child Protection Act of 1993. Declares that no local educational agency or contractor providing it with transportation services shall be liable in an action for damages on the basis of a criminal conviction of a person employed as a school bus driver if a criminal background check was conducted but the conviction was not disclosed. (Sec. 11) Requires the Secretary to study and report to specified congressional committees on school bus safety. (Sec. 12) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria. (Sec. 13) Authorizes appropriations.

School Bus Safety Act

SECTION 1. ADJUSTED DIFFERENTIALS. (a) In General.--Paragraph (1) of section 404(b) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after ``follows:'' and inserting the following: ``Area Differential Atlanta Consolidated Metropolitan Statistical Area. 16.82% Boston-Worcester-Lawrence, MA-NH-ME-CT-RI 24.42% Consolidated Metropolitan Statistical Area. Chicago-Gary-Kenosha, IL-IN-WI Consolidated 25.68% Metropolitan Statistical Area. Cincinnati-Hamilton, OH-KY-IN Consolidated 21.47% Metropolitan Statistical Area. Cleveland Consolidated Metropolitan Statistical 17.83% Area. Columbus Consolidated Metropolitan Statistical Area 16.90% Dallas Consolidated Metropolitan Statistical Area.. 18.51% Dayton Consolidated Metropolitan Statistical Area.. 15.97% Denver-Boulder-Greeley, CO Consolidated 22.78% Metropolitan Statistical Area. Detroit-Ann Arbor-Flint, MI Consolidated 25.61% Metropolitan Statistical Area. Hartford, CT Consolidated Metropolitan Statistical 24.47% Area. Houston-Galveston-Brazoria, TX Consolidated 30.39% Metropolitan Statistical Area. Huntsville Consolidated Metropolitan Statistical 13.29% Area. Indianapolis Consolidated Metropolitan Statistical 13.38% Area. Kansas City Consolidated Metropolitan Statistical 14.11% Area. Los Angeles-Riverside-Orange County, CA 27.25% Consolidated Metropolitan Statistical Area. Miami-Fort Lauderdale, FL Consolidated Metropolitan 21.75% Statistical Area. Milwaukee Consolidated Metropolitan Statistical 17.45% Area. Minneapolis-St. Paul, MN-WI Consolidated 20.27% Metropolitan Statistical Area. New York-Northern New Jersey-Long Island, NY-NJ-CT- 27.17% PA Consolidated Metropolitan Statistical Area. Orlando, FL Consolidated Metropolitan Statistical 14.22% Area. Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD 21.03% Consolidated Metropolitan Statistical Area. Pittsburgh Consolidated Metropolitan Statistical 14.89% Area. Portland-Salem, OR-WA Consolidated Metropolitan 20.96% Statistical Area. Richmond Consolidated Metropolitan Statistical Area 16.46% Sacramento-Yolo, CA Consolidated Metropolitan 20.77% Statistical Area. San Diego, CA Consolidated Metropolitan Statistical 22.13% Area. San Francisco-Oakland-San Jose, CA Consolidated 32.98% Metropolitan Statistical Area. Seattle-Tacoma-Bremerton, WA Consolidated 21.18% Metropolitan Statistical Area. St. Louis Consolidated Metropolitan Statistical 14.69% Area. Washington-Baltimore, DC-MD-VA-WV Consolidated 19.48% Metropolitan Statistical Area. Rest of United States Consolidated Metropolitan 14.19%''. Statistical Area. (b) Special Rules.--For purposes of the provision of law amended by subsection (a)-- (1) the counties of Providence, Kent, Washington, Bristol, and Newport, RI, the counties of York and Cumberland, ME, and the city of Concord, NH, shall be treated as if located in the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area; and (2) members of the Capitol Police shall be considered to be law enforcement officers within the meaning of section 402 of the Federal Law Enforcement Pay Reform Act of 1990. (c) Effective Date.--The amendment made by subsection (a)-- (1) shall take effect as if included in the Federal Law Enforcement Pay Reform Act of 1990 on the date of the enactment of such Act; and (2) shall be effective only with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. Subsection (b) shall be applied in a manner consistent with the preceding sentence. SEC. 2. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239).

Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.

To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pascua Yaqui Mineral Rights Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of Arizona. (3) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe. SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Attorney General of the United States and with the consent of the State, shall acquire through eminent domain the following: (1) All subsurface rights, title, and interests (including subsurface mineral interests) held by the State in the following tribally-owned parcels: (A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and Salt River Meridian, Pima County Arizona. (B) Lot 4, W\1/2\SE\1/4\, sec. 13, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/ 4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County Arizona. (D) Lot 2 and Lots 45 through 76, sec. 19, T. 15 S., R. 13 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (2) All subsurface rights, title, and interests (including subsurface mineral interests) held by the State in the following parcels held in trust for the benefit of Tribe: (A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/ 4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/ 4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (b) Consideration.--Subject to subsection (c), as consideration for the acquisition of subsurface mineral interests under subsection (a), the Secretary shall pay to the State an amount equal to the market value of the subsurface mineral interests acquired, as determined by-- (1) a mineral assessment that is-- (A) completed by a team of mineral specialists agreed to by the State and the Tribe; and (B) reviewed and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) a negotiation between the State and the Tribe to mutually agree on the price of the subsurface mineral interests; or (3) if the State and the Tribe cannot mutually agree on a price under paragraph (2), an appraisal report that is-- (A)(i) completed by the State in accordance with subsection (d); and (ii) reviewed by the Tribe; and (B) on a request of the Tribe to the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians of the Department of the Interior. (c) Conditions of Acquisition.--The Secretary shall acquire subsurface mineral interests under subsection (a) only if-- (1) the payment to the State required under subsection (b) is accepted by the State in full consideration for the subsurface mineral interests acquired; (2) the acquisition terminates all right, title, and interest of any party other than the United States in and to the acquired subsurface mineral interests; and (3) the Tribe agrees to fully reimburse the Secretary for costs incurred by the Secretary relating to the acquisition, including payment to the State for the acquisition. (d) Determination of Market Value.--Notwithstanding any other provision of law, unless the State and the Tribe otherwise agree to the market value of the subsurface mineral interests acquired by the Secretary under this section, the market value of those subsurface mineral interests shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000, in cooperation with the Department of Justice and the Office of Special Trustee for American Indians of the Department of Interior. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions with respect to the acquisition of subsurface mineral interests under this section as the Secretary considers to be appropriate to protect the interests of the United States and any valid existing right. SEC. 4. INTERESTS TAKEN INTO TRUST. (a) Land Transferred.--Subject to subsections (b) and (c), notwithstanding any other provision of law, not later than 180 days after the date on which the Tribe makes the payment described in subsection (c), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, title, and interests, formerly reserved to the United States, to the following parcels: (1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (b) Exceptions.--The parcels taken into trust under subsection (a) shall not include-- (1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet thereof; (2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet thereof; or (3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (c) Consideration and Costs.--The Tribe shall pay to the Secretary only the transaction costs relating to the assessment, review, and transfer of the subsurface rights, title, and interests taken into trust under subsection (a). Passed the House of Representatives September 12, 2006. Attest: KAREN L. HAAS, Clerk.

Pascua Yaqui Mineral Rights Act of 2006 - Directs the Secretary of the Interior, in coordination with the U.S. Attorney General and with the consent of the state of Arizona, to acquire through eminent domain all subsurface rights, title, and interests (including subsurface mineral interests) held by the state in certain parcels of land in Pima County, Arizona, owned by the Pascua Yaqui Tribe, as well as such interests held by the state in certain land held in trust for the Tribe. Conditions such acquisition on the Tribe's agreement to reimburse the Secretary fully for all related costs. Requires the Secretary also to take into trust for the Tribe's benefit the subsurface rights, title, and interests, formerly reserved to the United States, to certain other parcels. Requires the Tribe to pay only the transaction costs relating to the assessment, review, and transfer of such subsurface rights, title, and interests.

To provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Information Privacy Act of 2001''. SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION. Section 603(d) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended by inserting after the first sentence the following: ``The term also includes any other identifying information of the consumer, except the name, address, and telephone number of the consumer if listed in a residential telephone directory available in the locality of the consumer.''. SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``prohibition of certain misuses of the social security account number ``Sec. 1148. (a) Prohibition of Commercial Acquisition or Distribution.--No person may buy, sell, offer for sale, take or give in exchange, or pledge or give in pledge any information for the purpose, in whole or in part, of conveying by means of such information any individual's social security account number, or any derivative of such number, without the written consent of such individual. ``(b) Prohibition of Use as Personal Identification Number.--No person may utilize any individual's social security account number, or any derivative of such number, for purposes of identification of such individual without the written consent of such individual. ``(c) Prerequisites for Consent.--In order for consent to exist under subsection (a) or (b), the person engaged in, or seeking to engage in, an activity described in such subsection shall-- ``(1) inform the individual of all the purposes for which the number will be utilized and the persons to whom the number will be known; and ``(2) obtain affirmatively expressed consent in writing. ``(d) Exceptions.--Nothing in this section shall be construed to prohibit any use of social security account numbers permitted or required under section 205(c)(2) of this Act, section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section 6109(d) of the Internal Revenue Code of 1986. ``(e) Civil Action in United States District Court; Damages; Attorneys Fees and Costs; Nonexclusive Nature of Remedy.-- ``(1) In general.--Any individual aggrieved by any act of any person in violation of this section may bring a civil action in a United States district court to recover-- ``(A) such preliminary and equitable relief as the court determines to be appropriate; and ``(B) the greater of-- ``(i) actual damages; and ``(ii) liquidated damages of $25,000 or, in the case of a violation that was willful and resulted in profit or monetary gain, $50,000. ``(2) Attorney's fees and costs.--In the case of a civil action brought under paragraph (1) in which the aggrieved individual has substantially prevailed, the court may assess against the respondent a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. ``(3) Statute of limitations.--No action may be commenced under this subsection more than 3 years after the date on which the violation was or should reasonably have been discovered by the aggrieved individual. ``(4) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other lawful remedy available to the individual. ``(f) Civil Money Penalties.-- ``(1) In general.--Any person who the Commissioner of Social Security determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law, to-- ``(A) a civil money penalty of not more than $25,000 for each such violation, and ``(B) a civil money penalty of not more than $500,000, if violations have occurred with such frequency as to constitute a general business practice. ``(2) Determination of violations.--Any violation committed contemporaneously with respect to the social security account numbers of 2 or more individuals by means of mail, telecommunication, or otherwise shall be treated as a separate violation with respect to each such individual. ``(3) Enforcement procedures.--The provisions of section 1128A (other than subsections (a), (b), (f), (h), (i), (j), and (m), and the first sentence of subsection (c)) and the provisions of subsections (d) and (e) of section 205 shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a), except that, for purposes of this paragraph, any reference in section 1128A to the Secretary shall be deemed a reference to the Commissioner of Social Security. ``(4) Coordination with criminal enforcement.--The Commissioner of Social Security shall take such actions as are necessary and appropriate to assure proper coordination of the enforcement of the provisions of this section with criminal enforcement under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents). The Commissioner shall enter into cooperative arrangements with the Federal Trade Commission under section 5 of the Identity Theft and Assumption Deterrence Act of 1998 for purposes of achieving such coordination. ``(g) Regulation by States.--Nothing in this section shall be construed to prohibit any State authority from enacting or enforcing laws consistent with this section for the protection of privacy.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to violations occurring on and after the date which is 2 years after the date of enactment of this Act. (c) Unfair or Deceptive Act or Practice.--Any person who refuses to do business with an individual because the individual will not consent to that person receiving the social security number of such individual shall be considered to have committed an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Action may be taken under such section 5 against such a person. SEC. 4. REPEAL OF CERTAIN PROVISIONS RELATING TO DISTRIBUTION OF CONSUMER REPORTS IN CONNECTION WITH CERTAIN TRANSACTIONS NOT INITIATED BY THE CONSUMER. (a) In General.--Paragraph (1) of section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by striking ``any credit or insurance transaction that is not initiated by the consumer only if--'' and all that follows through the end of such paragraph and inserting ``any credit or insurance transaction that is not initiated by the consumer only if the consumer provides express written authorization, in accordance with paragraph (2), to the agency to provide such report in connection with any such transaction.'' (b) Full Disclosure Required.--Paragraph (2) of section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended to read as follows: ``(2) Full disclosure required.-- ``(A) In general.--No authorization referred to in paragraph (1) with respect to any consumer shall be effective unless the consumer receives a notice before such authorization is provided which fully and fairly discloses, in accordance with regulations which the Federal Trade Commission and the Board of Governors of the Federal Reserve System shall jointly prescribe, what specifically is being authorized by the consumer and the potential positive and negative effects the provision of such authorization will have on the consumer. ``(B) Form of notice.--The regulations prescribed pursuant to subparagraph (A) shall require that the notice required under such subparagraph-- ``(i) be prominently displayed on a document which is separate from any other document; or ``(ii) if the notice appears on a document with other information, be placed in a clear and conspicuous location on such document and appear in type face which is more conspicuous than the type face used for any other information on such document.''. (c) Technical and Conforming Amendment.--Subsection (e) of section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended to read as follows: ``(e) [Repealed]''. SEC. 5. SALE OR TRANSFER OF TRANSACTION OR EXPERIENCE INFORMATION PROHIBITED. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following new section: ``Sec. 626. Transaction or experience information ``(a) In General.--No person doing business with a consumer may sell, transfer, or otherwise provide to any other person, for the purpose of marketing such information to any other person, any transaction or experience information without the consumer's express written consent. ``(b) Transaction or Experience Information Defined.--For purposes of this section, the term `transaction or experience information' means any information identifying the content or subject of 1 or more transactions between the consumer and a person doing business with a consumer, including any component part of any transaction, any brand name involved, or any quantity or category of merchandise involved in any part of the transaction. ``(c) Exceptions.--Subsection (a) shall not apply with respect to the following: ``(1) Communication of transaction or experience information solely among persons related by common ownership or affiliated by corporate control. ``(2) Information provided pursuant to the order of a court having jurisdiction to issue such order or pursuant to a subpoena issued in connection with proceedings before a Federal grand jury. ``(3) Information provided in connection with the licensing or registration by a government agency or department, or any transfer of such license or registration, of any personal property bought, sold, or transferred by the consumer. ``(4) Information required to be provided in connection with any transaction in real estate. ``(5) Information required to be provided in connection with perfecting a security interest in personal property. ``(6) Information relating to the amount of any transaction or any credit extended in connection with a transaction with a consumer.''. (b) Technical and Conforming Amendment.--Section 603(d)(2)(A) is amended by striking ``(A) any--'' and inserting ``(A) subject to section 626, any--''. (c) Clerical Amendment.--The table of sections for the Fair Credit Reporting Act is amended by adding at the end the following new item: ``626. Transaction or experience information.''.

Personal Information Privacy Act of 2001 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential).Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative), as well as its use as a personal identification number, without the individual's written consent. Provides for: (1) civil money penalties and civil action in U.S. District Court by an aggrieved individual; and (2) coordination with criminal enforcement of identification document fraud.Amends the Federal criminal code to: (1) require State motor vehicle department uses of social security numbers to be consistent with uses authorized by the Social Security Act, the Privacy Act, and any other appropriate statutes; (2) prohibit marketing company use of social security numbers; and (3) prohibit, with an exception for specified law enforcement requests, State motor vehicle department release or disclosure of an individual's photograph without the individual's written consent.Amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from providing a report in connection with a credit or insurance transaction not initiated by the consumer without the consumer's written consent. Requires full consumer disclosure before such consent shall be effective.Prohibits, with specified exceptions, a person doing business with a consumer from selling or transferring for marketing purposes any transaction or experience information without the consumer's written consent.

To protect the privacy of the individual with respect to the Social Security number and other personal information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Awareness Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Breast cancer is the most common cancer among American women, except for skin cancers. Today, about 1 in 8, or 12 percent of, women in the United States will develop invasive breast cancer during their lifetime. This is an increase from 1 in 11, or 9 percent of, women in 1975. (2) Breast cancer is the second leading cause of cancer death in women. The chance of dying from breast cancer is about 1 in 36. Thanks to earlier detection, increased awareness, and improved treatment, death rates from breast cancer have decreased since about 1989. (3) There is a strong interest among the American public to do more to tackle this disease. The National Cancer Institute estimates $16.5 billion is spent in the United States each year on breast cancer treatment. (4) Finding a cure for breast cancer is a goal of the United States Government. (5) The National Institutes of Health dedicated $800 million for breast cancer research in Fiscal Year 2012. In Fiscal Year 2012, the Department of Defense's Breast Cancer Research Program received $120 million. In total, the U.S. is projected to spend $925 million on breast cancer research in Fiscal Year 2013. (6) While the Federal Government remains the largest funder of breast cancer research in the United States, in 2012, the National Cancer Institute reduced funding by almost $30 million and the Department of Defense Breast Cancer Research Program grants decreased more than 22 percent from 2010 funding levels. (7) Additional private sector support for breast cancer research will help us find a cure for breast cancer even faster. (8) It is estimated that in the United States 232,340 women will be diagnosed with and 39,620 women will die of cancer of the breast in 2013. This means that every 13 minutes a woman dies of breast cancer in the United States. (9) However, due to disease type and lack of adequate care, Black women have the highest death rates of all racial and ethnic groups and are 40 percent more likely to die of breast cancer than White women. (10) Breast cancer used to be considered a disease of aging but recent trends show that more aggressive forms of the disease have been increasingly diagnosed in younger women. (11) Breast cancer is the most frequently diagnosed cancer among nearly every racial and ethnic group, including African- American, American Indian/Alaska Native, Asian/Pacific Islander and Hispanic/Latina women. (12) Clinical advances, resulting from research, have led to increased survival from breast cancer. Since 1990, death rates from breast cancer have dropped over 30 percent. (13) Among men in the United States it is estimated that there will be 2,240 new cases of invasive breast cancer and 410 breast cancer deaths in 2013. (14) At this time there are more than 2.9 million breast cancer survivors in the United States. (15) It is estimated that breast cancer costs $12.5 billion in lost productivity. Such productivity losses will increase with projected growth rate and aging of the U.S. population if cancer mortality rates stay constant in the future. (16) There is a better chance of survival and there are more treatment options with early stage detection through mammograms and clinical breast exams. (17) Breast cancer is the most common cancer in women worldwide, with an estimated 1.6 million new cases of breast cancer among women worldwide in 2010. (18) Breast Cancer Research Foundation (BCRF) is considered one of the most efficient research charities. (19) Of every dollar donated to BCRF, $0.91 goes to research and awareness programs--88 cents towards research and 3 cents towards awareness. (20) Founded in 1993, the BCRF has raised more than $450 million to fund research aimed at achieving prevention of breast cancer and curing those with the disease. For 2013-2014, BCRF awarded $45 million in grants to support the work of more than 200 researchers at major medical institutions across six continents and 12 countries. (21) Susan G. Komen for the Cure includes funded research in 48 of the 50 States and community services in 49 of the 50 States. The organization has also supported programming in more than 30 countries. (22) Over the past 5 years, more than 80 cents of every dollar spent by Susan G. Komen has gone directly to its mission to save lives and end breast cancer by empowering people, ensuring quality care for all and energizing science to find the cures. (23) Since its inception in 1982, Susan G. Komen has invested more than $2 billion on its mission of saving lives and ending breast cancer by empowering people, ensuring quality care for all and energizing science to find the cures, including more than $790 million in research funding. (24) Today, the BCRF and Susan G. Komen continue their work to advance research and support programs for patients and their families. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the fight against breast cancer. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the face value of the coin; (B) an inscription of the year ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a juried, compensated design competition described under subsection (c). (c) Design Competition.-- (1) In general.--The Secretary shall hold a competition and provide compensation for its winner to design the obverse and reverse of the coins minted under this Act. The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public. (3) Accompanying designs; preference for physical designs.--The Secretary shall encourage 3-dimensional designs to be submitted as part of the proposals, and the jury shall give a preference for proposals that are accompanied by a 3- dimensional physical design instead of, or in addition to, an electronic design. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/2\ to the Susan G. Komen for the Cure, Dallas, Texas, for the purpose of furthering research funded by the organization. (2) \1/2\ to the Breast Cancer Research Foundation, New York, New York, for the purpose of furthering research funded by the Foundation. (c) Audits.--The surcharge recipients under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under that subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Breast Cancer Awareness Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 silver coins emblematic of the fight against breast cancer. Instructs the Secretary to select the design for the coins based upon the winning design from a juried, compensated design competition following certain specifications. Restricts the period of coin issuance to the one-year period beginning on January 1, 2018. Requires all sales of such coins to include a surcharge of $10 per coin. Prescribes a surcharge distribution formula.

Breast Cancer Awareness Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service 100th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1916, Congress established the National Park Service as a bureau within the Department of the Interior to administer America's great national parks and monuments as a unified National Park System. (2) From 1916 to the present, the National Park System has grown from 37 park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly all States and territories. (3) The responsibilities of the National Park Service have grown to include-- (A) managing national historic trails and national scenic trails; (B) administering wild and scenic rivers; (C) recognizing America's most significant historic resources through the National Register of Historic Places and the National Historic Landmark program; (D) providing historic preservation grants; and (E) assisting communities in meeting their preservation, conservation, and recreation needs. (4) The National Park Service Organic Act of 1916, which established the National Park Service, remains the preeminent law guiding the management of parks and articulating the Service's core mission, ``to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations''. (5) The 100th anniversary of the National Park Service in 2016 will be an occasion to celebrate a century of American vision and achievement in identifying and preserving our Nation's special places for the benefit of everyone and the culmination of 100 years of accomplishment by the National Park Service's employees, partners, and volunteers. It will also mark the beginning of the organization's second century of service to the American people as environmental leaders and vigilant stewards of the Nation's treasured places and stories. (6) Coins commemorating the 100th anniversary of the National Park Service will bring national and international attention to the National Park System and to the legacy Congress left in 1916 when it established a Federal agency to ensure the protection of our Nation's most treasured natural and cultural resources for all time. (7) The proceeds from a surcharge on the sale of commemorative coins will assist the financing of the needs of the National Park Service's parks and programs, helping to ensure that our Nation's great natural and cultural resources will endure for generations to come. 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) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, 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.--Not more than 750,000 half dollar coins, 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) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of the National Park Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the face value of the coin; (B) an inscription of the year ``2016''; 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-- (A) the National Park Service; (B) the National Park Foundation; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2016, and ending on December 31, 2016. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.-- (1) In general.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Park Foundation for projects and programs that help preserve and protect resources under the stewardship of the National Park Service and promote public enjoyment and appreciation of those resources. (2) Prohibition on land acquisition.--Surcharges paid to the National Park Foundation pursuant to paragraph (1) may not be used for land acquisition. (c) Audits.--The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives April 29, 2014. Attest: KAREN L. HAAS, Clerk.

National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires the Secretary to make bulk sales of the coins issued under this Act at a reasonable discount. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition. Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the U.S. government; and (2) no funds will be disbursed to the recipients designated in this Act until the total cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the Treasury.

National Park Service 100th Anniversary Commemorative Coin Act

SECTION 1. EVERGLADES NATIONAL PARK. (a) Definitions.--In this section: (1) Company.--The term ``Company'' means Florida Power & Light Company. (2) Federal land.--The term ``Federal Land'' means the parcels of land that are-- (A) owned by the United States; (B) administered by the Secretary; (C) located within the National Park; and (D) generally depicted on the map as-- (i) Tract A, which is adjacent to the Tamiami Trail, U.S. Rt. 41; and (ii) Tract B, which is located on the eastern boundary of the National Park. (3) Map.--The term ``map'' means the map prepared by the National Park Service, titled ``Proposed Land Exchanges, Everglades National Park'', numbered 160/60411A, and dated September 2008. (4) National park.--The term ``National Park'' means the Everglades National Park located in the State. (5) Non-federal land.--The term ``non-Federal land'' means the land in the State that-- (A) is owned by the State, the specific area and location of which shall be determined by the State; or (B)(i) is owned by the Company; (ii) comprises approximately 320 acres; and (iii) is located within the East Everglades Acquisition Area, as generally depicted on the map as ``Tract D''. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Florida and political subdivisions of the State, including the South Florida Water Management District. (b) Land Exchange With State.-- (1) In general.--Subject to the provisions of this paragraph, if the State offers to convey to the Secretary all right, title, and interest of the State in and to specific parcels of non-Federal land, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the State all right, title, and interest of the United States in and to the Federal land generally depicted on the map as ``Tract A''. (2) Conditions.--The land exchange under paragraph (1) shall be subject to such terms and conditions as the Secretary may require. (3) Valuation.-- (A) In general.--The values of the land involved in the land exchange under paragraph (1) shall be equal. (B) Equalization.--If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land. (4) Appraisals.--Before the exchange of land under paragraph (1), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (5) Technical corrections.--Subject to the agreement of the State, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land. (6) Administration of land acquired by secretary.--Land acquired by the Secretary under paragraph (1) shall-- (A) become part of the National Park; and (B) be administered in accordance with the laws applicable to the National Park System. (c) Land Exchange With Company.-- (1) In general.--Subject to the provisions of this paragraph, if the Company offers to convey to the Secretary all right, title, and interest of the Company in and to the non- Federal land generally depicted on the map as ``Tract D'', and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the Company all right, title, and interest of the United States in and to the Federal land generally depicted on the map as ``Tract B'', along with a perpetual easement on a corridor of land contiguous to Tract B for the purpose of vegetation management. (2) Conditions.--The land exchange under paragraph (1) shall be subject to such terms and conditions as the Secretary may require. (3) Valuation.-- (A) In general.--The values of the land involved in the land exchange under paragraph (1) shall be equal unless the non-Federal land is of higher value than the Federal land. (B) Equalization.--If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land. (4) Appraisal.--Before the exchange of land under paragraph (1), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (5) Technical corrections.--Subject to the agreement of the Company, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land. (6) Administration of land acquired by secretary.--Land acquired by the Secretary under paragraph (1) shall-- (A) become part of the National Park; and (B) be administered in accordance with the laws applicable to the National Park System. (d) Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) Boundary Revision.--On completion of the land exchanges authorized by this section, the Secretary shall adjust the boundary of the National Park accordingly, including removing the land conveyed out of Federal ownership.

Requires the Secretary of the Interior, if the state of Florida offers to convey specific parcels of non-federal land within Florida and the offer is acceptable, to accept the offer and convey federal land within Everglades National Park identified as Tract A to the state. Requires the land acquired by the Secretary through the exchange to become part of the Park. Requires the Secretary, if the Florida Power & Light Company offers to convey non-federal land within Florida identified as Tract D and the offer is acceptable, to accept the offer and convey to the Company the federal land identified as Tract B, along with a perpetual easement on a corridor of land contiguous to that tract for the purpose of vegetation management. Requires the land acquired by the Secretary to become part of the Park. Adjusts the boundaries of Everglades National Park upon the completion of the land exchanges authorized by this Act, including by removing the land conveyed out of federal ownership.

To provide for the resolution of several land ownership and related issues with respect to parcels of land located within the Everglades National Park.

SECTION 1. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY ACCOUNT NUMBER CARD. (a) Improvements to Card.-- (1) In general.--For purposes of carrying out section 274A of the Immigration and Nationality Act, the Commissioner of Social Security (in this section referred to as the ``Commissioner'') shall make such improvements to the physical design, technical specifications, and materials of the social security account number card as are necessary to ensure that it is a genuine official document and that it offers the best possible security against counterfeiting, forgery, alteration, and misuse. (2) Performance standards.--In making the improvements required in paragraph (1), the Commissioner shall-- (A) make the card as secure against counterfeiting as the 100 dollar Federal Reserve note, with a rate of counterfeit detection comparable to the 100 dollar Federal Reserve note, and (B) make the card as secure against fraudulent use as a United States passport. (3) Reference.--In this section, the term ``secured social security account number card'' means a social security account number card issued in accordance with the requirements of this subsection. (4) Effective date.--All social security account number cards issued after January 1, 2000, whether new or replacement, shall be secured social security account number cards. (b) Use for Employment Verification.--Beginning on January 1, 2006, a document described in section 274A(b)(1)(C) of the Immigration and Nationality Act is a secured social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (c) Not a National Identification Card.--Cards issued pursuant to this section shall not be required to be carried upon one's person, and nothing in this section shall be construed as authorizing the establishment of a national identification card. (d) No New Databases.--Nothing in this section shall be construed as authorizing the establishment of any new databases. (e) Education Campaign.--The Commissioner of Immigration and Naturalization, in consultation with the Commissioner of Social Security, shall conduct a comprehensive campaign to educate employers about the security features of the secured social security card and how to detect counterfeit or fraudulently used social security account number cards. (f) Annual Reports.--The Commissioner of Social Security shall submit to Congress by July 1 of each year a report on-- (1) the progress and status of developing a secured social security account number card under this section, (2) the incidence of counterfeit production and fraudulent use of social security account number cards, and (3) the steps being taken to detect and prevent such counterfeiting and fraud. (g) GAO Annual Audits.--The Comptroller General shall perform an annual audit, the results of which are to be presented to the Congress by January 1 of each year, on the performance of the Social Security Administration in meeting the requirements in subsection (a). (h) Expenses.--No costs incurred in developing and issuing cards under this section that are above the costs that would have been incurred for cards issued in the absence of this section shall be paid for out of any Trust Fund established under the Social Security Act. There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 2. CRIMINAL PENALTIES FOR FRAUD AND RELATED ACTIVITY WITH WORK AUTHORIZATION DOCUMENTS. (a) In General.--Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraphs (1) and (2) by striking ``an identification document or a false identification document'' each place it appears and inserting ``an identification document, false identification document, work authorization document, or false work authorization document''; (B) in paragraph (3) by striking ``identification documents (other than those issued lawfully for the use of the possessor) or false identification documents'' and inserting ``identification or work authorization documents (other than those issued lawfully for the use of the possessor) or false identification or work authorization documents''; (C) in paragraph (4) by striking ``an identification document (other than one issued lawfully for the use of the possessor) or a false identification document'' and inserting ``an identification or work authorization document (other than one issued lawfully for the use of the possessor) or a false identification or work authorization document''; (D) in paragraph (5) by inserting ``or in the production of a false work authorization document'' after ``false identification document''; and (E) in paragraph (6) by inserting ``or work authorization document'' after ``identification document'' each place it appears; (2) in subsection (b)(1)-- (A) by striking ``an identification document or false identification document'' in subparagraph (A) and inserting ``an identification document, false identification document, work authorization document, or false work authorization document''; (B) in subparagraph (A)-- (i) by striking ``or'' at the end of clause (i); (ii) by inserting ``or'' at the end of clause (ii); and (iii) by inserting the following new clause after clause (ii): ``(iii) a work authorization document;''; and (C) by striking ``identification documents or false identification documents'' in subparagraph (B) and inserting ``identification documents, false identification documents, work authorization documents, or false work authorization documents''; (3) in subsection (b)(2)(A) by striking ``an identification document or false identification document'' and inserting ``an identification document, false identification document, work authorization document, or false work authorization document''; (4) in subsection (c)-- (A) by striking ``identification document or false identification document'' each place it appears in paragraph (1) and inserting ``identification document, false identification document, work authorization document, or false work authorization document''; and (B) by adding ``work authorization document, false work authorization document,'' after ``false identification document,'' in paragraph (3); and (5) in subsection (d)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by inserting after paragraph (5) the following new paragraph: ``(6) the term `work authorization document' means any document described in section 274A(b)(1)(C) of the Immigration and Nationality Act.''. (b) Conforming Amendment.--The heading for section 1028 of title 18, United States Code, is amended to read as follows: ``Sec. 1028. Fraud and related activity in connection with identification and work authorization documents''. (c) Clerical Amendment.--The item relating to section 1028 in the table of sections at the beginning of chapter 47 of title 18, United States Code, is amended to read as follows: ``1028. Fraud and related activity in connection with identification and work authorization documents.''.

Directs the Commissioner of Social Security to improve the social security card for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Amends Federal law to provide criminal penalties for fraud and related activities concerning work authorization documents.

To improve the integrity of the Social Security card and to provide for criminal penalties for fraud and related activity involving work authorization documents for purposes of the Immigration and Nationality Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Municipal Waste Act of 1993''. SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``interstate transportation of municipal waste ``Sec. 4011. (a) Authority to Restrict Out-of-State Municipal Waste.--(1)(A) Except as provided in subsection (b), if requested in writing by both an affected local government and an affected local solid waste planning unit, if the local solid waste planning unit exists under State law, a Governor may prohibit the disposal of out-of- State municipal waste in any landfill or incinerator that is subject to the jurisdiction of the Governor or the affected local government. ``(B) Prior to submitting a request under this section, the affected local government and solid waste planning unit shall-- ``(i) provide notice and opportunity for public comment concerning any proposed request; and ``(ii) following notice and comment, take formal action on any proposed request at a public meeting. ``(2) Beginning with calendar year 1993, a Governor of a State may, with respect to landfills covered by the exceptions provided in subsection (b)-- ``(A) notwithstanding the absence of a request in writing by the affected local government and the affected local solid waste planning unit, if any,-- ``(i) limit the quantity of out-of-State municipal waste received for disposal at each landfill in the State to an annual quantity equal to the quantity of out-of-State municipal waste received for disposal at the landfill during the calendar year 1991 or 1992, whichever is less; and ``(ii) limit the disposal of out-of-State municipal waste at landfills that received, during calendar year 1991, documented shipments of more than 50,000 tons of out-of-State municipal waste representing more than 30 percent of all municipal waste received at the landfill during the calendar year, by prohibiting at each such landfill the disposal, in any year, of a quantity of out-of-State municipal waste that is greater than 30 percent of all municipal waste received at the landfill during calendar year 1991; and ``(B) if requested in writing by the affected local government and the affected local solid waste planning unit, if any, prohibit the disposal of out-of-State municipal waste in landfill cells that do not meet the design and location standards and leachate collection and ground water monitoring requirements of State law and regulations in effect on January 1, 1993, for new landfills. ``(3) In addition to the authorities provided in paragraph (1)(A), beginning with calendar year 1997, a Governor of any State, if requested in writing by the affected local government and the affected local solid waste planning unit, if any, may further limit the disposal of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by reducing the 30 percent annual quantity limitation to 20 percent in each of calendar years 1998 and 1999, and to 10 percent in each succeeding calendar year. ``(4)(A) Any limitation imposed by the Governor under paragraph (2)(A)-- ``(i) shall be applicable throughout the State; ``(ii) shall not discriminate against any particular landfill within the State; and ``(iii) shall not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(B) In responding to requests by affected local governments under paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(5)(A) Any Governor who intends to exercise the authority provided in this paragraph shall, within 120 days after the date of enactment of this section, submit to the Administrator information documenting the quantity of out-of-State municipal waste received for disposal in the State of the Governor during calendar years 1991 and 1992. ``(B) On receipt of the information submitted pursuant to subparagraph (A), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 60 days after receipt of information from a Governor under subparagraph (A), the Administrator shall determine the quantity of out-of-State municipal waste that was received at each landfill covered by the exceptions provided in subsection (b) for disposal in the State of the Governor during calendar years 1991 and 1992, and provide notice of the determination to the Governor of each State. A determination by the Administrator under this subparagraph shall be final and not subject to judicial review. ``(D) Not later than 180 days after the date of enactment of this section, the Administrator shall publish a list of the quantity of out- of-State municipal waste that was received during calendar years 1991 and 1992 at each landfill covered by the exceptions provided in subsection (b) for disposal in each State in which the Governor intends to exercise the authority provided in this paragraph, as determined in accordance with subparagraph (C). ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal Waste.--The authority to prohibit the disposal of out-of-State municipal waste provided under subsection (a)(1) shall not apply to-- ``(1) landfills in operation on the date of enactment of this section that-- ``(A) received during calendar year 1991 documented shipments of out-of-State municipal waste; and ``(B) are in compliance with all applicable State laws (including any State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action; ``(2) proposed landfills that, prior to January 1, 1993, received-- ``(A) an approval from the affected local government to receive municipal waste generated outside the county or the State in which the landfill is located; and ``(B) a notice of decision from the State to grant a construction permit; or ``(3) incinerators in operation on the date of enactment of this section that-- ``(A) received, during calendar year 1991, documented shipments of out-of-State municipal waste; ``(B) are in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429); and ``(C) are in compliance with all applicable State laws (including any State rule or regulation) relating to facility design and operations. ``(d) Definitions.--As used in this section: ``(1)(A) The term `affected local government', with respect to a landfill or incinerator, means the elected officials of the city, town, borough, county, or parish in which the facility is located. ``(B) Within 90 days after the date of the enactment of this section, the Governor shall designate which entity listed in subparagraph (A) shall serve as the affected local government for actions taken under this section. If the Governor fails to make a designation, the affected local government shall be the city, town, borough, county, parish, or other public body created pursuant to State law with primary jurisdiction over the land or the use of land on which the facility is located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) With respect to a State, the term `out-of-State municipal waste' means municipal waste generated outside of the State. To the extent that it is consistent with the United States-Canada Free Trade Agreement and the General Agreement on Tariffs and Trade, the term shall include municipal waste generated outside of the United States. ``(4) The term `municipal waste' means refuse (and refuse- derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term `municipal waste' does not include-- ``(A) any solid waste identified or listed as a hazardous waste under section 3001; ``(B) any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606) or a corrective action taken under this Act; ``(C) any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal waste and has been transported into the State for the purpose of recycling or reclamation; ``(D) any solid waste that is-- ``(i) generated by an industrial facility; and ``(ii) transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator or a company with which the generator is affiliated; ``(E) any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(F) any industrial waste that is not identical to municipal waste with respect to the physical and chemical state of the industrial waste, and composition, including construction and demolition debris; ``(G) any medical waste that is segregated from or not mixed with municipal waste; or ``(H) any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of municipal waste.''.

Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government and a local solid waste planning unit, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the affected local government; and (2) landfill cells that do not meet the design and location standards and leachate collection and groundwater monitoring requirements of State law in effect on January 1, 1993, for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or disposal of such waste, at landfills covered by exceptions under this Act. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin with respect to limitations and responses to requests by local governments. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received approval from the affected local government to receive municipal waste generated outside of the county or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations.

Interstate Transportation of Municipal Waste Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE Sec. 101. Required reporting of child and sexual abuse. Sec. 102. Civil remedy for personal injuries. TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION Sec. 201. Expansion of the purposes of the corporation. Sec. 202. Designation of the United States Center for Safe Sport. Sec. 203. Additional requirements for granting sanctions for amateur athletic competitions. Sec. 204. General requirements for youth-serving amateur sports organizations. TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE. (a) Reporting Requirement.--Section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341) is amended-- (1) in subsection (a)-- (A) by striking ``A person who'' and inserting the following: ``(1) Covered professionals.--A person who''; and (B) by adding at the end the following: ``(2) Covered individuals.--A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(9) the term `covered individual' means an adult who is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; ``(10) the term `event' includes travel, lodging, practice, competition, and health or medical treatment; ``(11) the terms `amateur athlete', `amateur athletic competition', `amateur sports organization', `international amateur athletic competition', and `national governing body' have the meanings given the terms in section 220501(b) of title 36, United States Code; and ``(12) the term `as soon as possible' means within a 24-hour period.''; (4) in subsection (d), in the first sentence, by inserting ``and for all covered individuals'' after ``reside''; (5) in subsection (f), in the first sentence-- (A) by striking ``and on all'' and inserting ``on all''; and (B) by inserting ``and for all covered individuals,'' after ``lands,''; (6) in subsection (h), by inserting ``and all covered individuals,'' after ``facilities,''; and (7) by adding at the end the following: ``(i) Rule of Construction.--Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.''. (b) Penalty for Failure To Report.--Section 2258 of title 18, United States Code, is amended by inserting ``or a covered individual as described in subsection (a)(2) of such section 226 who,'' after ``facility,''. SEC. 102. CIVIL REMEDY FOR PERSONAL INJURIES. Section 2255 of title 18, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. The court may also award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate.''; (2) in subsection (b), by striking ``filed within'' and all that follows through the end and inserting the following: ``filed-- ``(1) not later than 10 years after the date on which the plaintiff reasonably discovers the later of-- ``(A) the violation that forms the basis for the claim; or ``(B) the injury that forms the basis for the claim; or ``(2) not later than 10 years after the date on which the victim reaches 18 years of age.''; and (3) by adding at the end the following: ``(c) Venue; Service of Process.-- ``(1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28. ``(2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- ``(A) is an inhabitant; or ``(B) may be found.''. TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION SEC. 201. EXPANSION OF THE PURPOSES OF THE CORPORATION. Section 220503 of title 36, United States Code, is amended-- (1) in paragraph (13), by striking ``; and'' and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete.''. SEC. 202. DESIGNATION OF THE UNITED STATES CENTER FOR SAFE SPORT. (a) In General.--Chapter 2205 of title 36, United States Code, is amended by adding at the end the following: ``Subchapter III--United States Center for Safe Sport ``Sec. 220541. Designation of United States Center for Safe Sport ``(a) In General.--The United States Center for Safe Sport shall-- ``(1) serve as the independent national safe sport organization and be recognized worldwide as the independent national safe sport organization for the United States; ``(2) exercise jurisdiction over the corporation, each national governing body, and each paralympic sports organization with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse, in sports; ``(3) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies and paralympic sports organizations; ``(4) maintain an office for response and resolution that shall establish mechanisms that allow for the reporting, investigation, and resolution, pursuant to subsection (c), of alleged sexual abuse in violation of the Center's policies and procedures; and ``(5) ensure that the mechanisms under paragraph (4) provide fair notice and an opportunity to be heard and protect the privacy and safety of complainants. ``(b) Policies and Procedures.--The policies and procedures developed under subsection (a)(3) shall apply as though they were incorporated in and made a part of section 220524 of this title. ``(c) Binding Arbitration.-- ``(1) In general.--The Center may, in its discretion, utilize a neutral arbitration body and develop policies and procedures to resolve allegations of sexual abuse within its jurisdiction to determine the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official, who is the subject of such an allegation, to participate in amateur athletic competition. ``(2) Preservation of rights.--Nothing in this section shall be construed as altering, superseding, or otherwise affecting the right of an individual within the Center's jurisdiction to pursue civil remedies through the courts for personal injuries arising from abuse in violation of the Center's policies and procedures, nor shall the Center condition the participation of any such individual in a proceeding described in paragraph (1) upon an agreement not to pursue such civil remedies. ``(d) Limitation on Liability.-- ``(1) In general.--Except as provided in paragraph (2), an applicable entity shall not be liable for damages in any civil action for defamation, libel, slander, or damage to reputation arising out of any action or communication, if the action arises from the execution of the responsibilities or functions described in this section, section 220542, or section 220543. ``(2) Exception.--Paragraph (1) shall not apply in any action in which an applicable entity acted with actual malice, or provided information or took action not pursuant to this section, section 220542, or section 220543. ``(3) Definition of applicable entity.--In this subsection, the term `applicable entity' means-- ``(A) the Center; ``(B) a national governing body; ``(C) a paralympic sports organization; ``(D) an amateur sports organization or other person sanctioned by a national governing body under section 220525; ``(E) an amateur sports organization reporting under section 220530; ``(F) any officer, employee, agent, or member of an entity described in subparagraph (A), (B), (C), (D), or (E); and ``(G) any individual participating in a proceeding pursuant to this section. ``Sec. 220542. Additional duties. ``(a) In General.--The Center shall-- ``(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent the abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and ``(2) include in the policies and procedures developed under section 220541(a)(3)-- ``(A) a requirement that all adult members of a national governing body, a paralympic sports organization, or a facility under the jurisdiction of a national governing body or paralympic sports organization, and all adults authorized by such members to interact with an amateur athlete, report immediately any allegation of child abuse of an amateur athlete who is a minor to-- ``(i) the Center, whenever such members or adults learn of facts leading them to suspect reasonably that an amateur athlete who is a minor has suffered an incident of child abuse; and ``(ii) law enforcement consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); ``(B) a mechanism, approved by a trained expert on child abuse, that allows a complainant to report easily an incident of child abuse to the Center, a national governing body, law enforcement authorities, or other appropriate authorities; ``(C) reasonable procedures to limit one-on-one interactions between an amateur athlete who is a minor and an adult (who is not the minor's legal guardian) at a facility under the jurisdiction of a national governing body or paralympic sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; ``(D) procedures to prohibit retaliation, by any national governing body or paralympic sports organization, against any individual who makes a report under subparagraph (A) or subparagraph (B); ``(E) oversight procedures, including regular and random audits conducted by subject matter experts unaffiliated with, and independent of, a national governing body or a paralympic sports organization of each national governing body and paralympic sports organization to ensure that policies and procedures developed under that section are followed correctly and that consistent training is offered and given to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention of child abuse; and ``(F) a mechanism by which a national governing body or paralympic sports organization can-- ``(i) share confidentially a report of suspected child abuse of an amateur athlete who is a minor by a member of a national governing body or paralympic sports organization, or an adult authorized by a national governing body, paralympic sports organization, or an amateur sports organization to interact with an amateur athlete who is a minor, with the Center, which in turn, may share with relevant national governing bodies, paralympic sports organizations, and other entities; and ``(ii) withhold providing to an adult who is the subject of an allegation of child abuse authority to interact with an amateur athlete who is a minor until the resolution of such allegation. ``(b) Rule of Construction.--Nothing in this section shall be construed to limit the ability of a national governing body or paralympic sports organization to impose an interim measure to prevent an individual who is the subject of an allegation of sexual abuse from interacting with an amateur athlete prior to the Center exercising its jurisdiction over a matter. ``Sec. 220543. Records, audits, and reports ``(a) Records.--The Center shall keep correct and complete records of account. ``(b) Report.--The Center shall submit an annual report to Congress, including-- ``(1) an audit conducted and submitted in accordance with section 10101; and ``(2) a description of the activities of the Center.''. (b) Conforming Amendment.--Section 220501(b) of title 36, United States Code, is amended-- (1) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively; and (2) by inserting after paragraph (3), the following: ``(4) `Center' means the United States Center for Safe Sport designated under section 220541. ``(5) `child abuse' has the meaning given the term in section 212 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20302).''. (c) Technical Amendment.--The table of contents of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: ``subchapter iii--united states center for safe sport ``220541. Designation of United States Center for Safe Sport. ``220542. Additional duties. ``220543. Records, audits, and reports.''. SEC. 203. ADDITIONAL REQUIREMENTS FOR GRANTING SANCTIONS FOR AMATEUR ATHLETIC COMPETITIONS. Section 220525(b)(4) is amended-- (1) in subparagraph (E), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(G) the amateur sports organization or person requesting sanction from a national governing body will implement and abide by the policies and procedures to prevent the abuse, including emotional, physical, and child abuse, of amateur athletes participating in amateur athletic activities applicable to such national governing body.''. SEC. 204. GENERAL REQUIREMENTS FOR YOUTH-SERVING AMATEUR SPORTS ORGANIZATIONS. (a) In General.--Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: ``Sec. 220530. Other amateur sports organizations ``(a) In General.--An applicable amateur sports organization shall-- ``(1) comply with the reporting requirements of section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); ``(2) establish reasonable procedures to limit one-on-one interactions between an amateur athlete who is a minor and an adult (who is not the minor's legal guardian) at a facility under the jurisdiction of the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances; ``(3) offer and provide consistent training to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons; and ``(4) prohibit retaliation, by the applicable amateur sports organization, against any individual who makes a report under paragraph (1). ``(b) Definition of Applicable Amateur Sports Organization.--In this section, the term `applicable amateur sports organization' means an amateur sports organization-- ``(1) that is not otherwise subject to the requirements under subchapter III; ``(2) that participates in an interstate or international amateur athletic competition; and ``(3) whose membership includes any adult who is in regular contact with an amateur athlete who is a minor.''. (b) Technical Amendment.--The table of contents of chapter 2205 of title 36, United States Code, is amended by inserting after the item relating to section 220529 the following: ``220530. Other amateur sports organizations.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Protecting Young Victims from Sexual Abuse Act of 2017 This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, to certain adults who are authorized to interact with minor or amateur athletes at a facility under the jurisdiction of a national governing body. A national governing body is an amateur sports organization that is recognized by the International Olympic Committee. An individual who is required, but fails, to report suspected child sex abuse is subject to criminal penalties. Additionally, the bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. Finally, the bill amends the Amateur Sports Act of 1978: (1) to authorize national governing bodies to develop training, practices, policies, and procedures to prevent the abuse of minor or amateur athletes; and (2) to require national governing bodies to develop and enforce policies, mechanisms, and procedures to prevent, report, and respond to the abuse of minor or amateur athletes.

Protecting Young Victims from Sexual Abuse Act of 2017

SECTION 1. CREDITABILITY OF SERVICE. (a) In General.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Subject to paragraph (2), upon application to the Office of Personnel Management, any individual who is an employee or Member on the date of the enactment of this subsection, and who has on such date or thereafter acquires 5 or more years of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit for service performed, after December 31, 1965, and before January 1, 1987, as an employee described in section 2105(c). ``(2)(A) An employee or Member may, with respect to any period of service for which such employee or Member is allowed credit under this subsection, deposit to the credit of the Fund an amount equal to the deductions from basic pay which would have been required under section 8334(a) if such service were service as an employee. ``(B) An employee or Member who makes the deposit described in subparagraph (A) shall be allowed full retirement credit for the period of service involved. ``(C) If an employee or Member does not make the deposit or makes less than the full amount of the deposit described in subparagraph (A), retirement credit shall be allowed, but the resulting annuity shall be reduced in a manner similar to the method provided under section 8339(j)(3) to make up the amount of any deposit described in the second sentence thereof. In no event shall the application of this subparagraph cause an annuity to be less than it would have been if this subsection had not been enacted. ``(D) For the purpose of survivor annuities, any deposit authorized by subparagraph (A) may also be made by a survivor of an employee or Member. ``(3) The Office shall accept the certification of the appropriate Secretary or his designee concerning the service of, and the amount of compensation received by, an employee or Member with respect to which credit is sought under this subsection. For purposes of the preceding sentence, the `appropriate Secretary' is-- ``(A) the Secretary of Defense, to the extent that service in or under the Department of Defense is involved; and ``(B) the Secretary of Transportation, to the extent that service in or under the Coast Guard is involved. ``(4) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under any retirement system for employees of a nonappropriated fund instrumentality. ``(5) An application for retirement credit under this subsection may be submitted no later than 2 years after the effective date of the regulations prescribed by the Office to carry out this subsection.''. (b) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this Act and the amendment made by subsection (a). Such regulations-- (1) shall take effect not later than 12 months after the date of the enactment of this Act; and (2) shall include provisions to provide for the application of such amendment in the case of-- (A) any employee or Member (as defined by the following sentence) who, upon separation (at the time described in paragraph (1) or (2) of subsection (c)), would otherwise be entitled to an annuity under chapter 84 of title 5, United States Code, that is partially computed under subchapter III of chapter 83 of such title; and (B) any survivor of an employee or Member described in subparagraph (A). For purposes of this subsection, the terms ``employee'', ``Member'', and ``survivor'' have the meanings set forth in section 8401 of such title 5. (c) Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of any annuity entitlement which is based on a separation from service occurring on or after the effective date of the regulations prescribed under subsection (b). (2) Limited exception for annuities based on separations occurring after date of enactment and before effective date of implementing regulations.-- (A) Recomputation requirement.--In the case of any individual-- (i) who is entitled to an annuity entitlement to which is based on a separation from service occurring after the date of the enactment of this Act and before the effective date of the regulations prescribed under subsection (b), and (ii) whose annuity would be increased by the application of section 8332(o) of title 5, United States Code (as amended by subsection (a)), the Office of Personnel Management shall, upon receipt of an appropriate application submitted before the deadline specified in section 8332(o)(5) of such title 5 (as so amended), recompute the amount of such annuity so as to take such section 8332(o) into account. In carrying out the preceding sentence, any deposit timely made shall be treated as if it had been made before the commencement date of the annuity involved. (B) No payment for any earlier periods.--Any change in an annuity resulting from a recomputation under subparagraph (A) shall be payable only with respect to amounts accruing for months beginning after the date on which the application (referred to in subparagraph (A)) is received. SEC. 2. NOTIFICATION AND ASSISTANCE. (a) Notification.--The Office of Personnel Management shall take such measures as it considers appropriate to inform individuals entitled to have any service credited under section 8332(o) of title 5, United States Code (as amended by section 1(a)), or to have any amounts recomputed under section 1(c)(2), of their entitlement to such credit or recomputation. (b) Assistance From the Office of Personnel Management.--The Office of Personnel Management shall, on request, assist any individual referred to in subsection (a) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under section 8332(o) of title 5, United States Code (as amended by section 1(a)) or to have any amounts recomputed under section 1(c)(2). (c) Assistance From Other Agencies.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to any service of an individual described in section 8332(o) of title 5, United States Code (as amended by section 1(a)) shall-- (1) at the request of such individual (or an appropriate survivor), furnish such information to that individual (or survivor); and (2) at the request of the Office of Personnel Management, furnish such information to the Office.

Credits a Federal employee or Member of Congress who has or acquires five or more years of civilian service for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987, for purposes of civil service retirement.

To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Commercialization Act of 1998''. SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject to section 209 of title 35, United States Code, may grant a license to an invention which is federally owned, made before the granting of the license, and directly related to the scope of the work under the agreement,'' after ``under the agreement,''. SEC. 3. LICENSING FEDERALLY OWNED INVENTIONS. (a) Amendment.--Section 209 of title 35, United States Code, is amended to read as follows: ``Sec. 209. Licensing federally owned inventions ``(a) Authority.--A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention only if-- ``(1) granting the license is a reasonable and necessary incentive to-- ``(A) call forth the investment capital and expenditures needed to bring the invention to practical application; or ``(B) otherwise promote the invention's utilization by the public; ``(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by the applicant's intentions, plans, and ability to bring the invention to practical application or otherwise promote the invention's utilization by the public, and that the proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical utilization, as proposed by the applicant, or otherwise to promote the invention's utilization by the public; ``(3) the applicant makes a commitment to achieve practical utilization of the invention within a reasonable time; ``(4) granting the license will not tend to substantially lessen competition or create or maintain a violation of the Federal antitrust laws; and ``(5) in the case of an invention covered by a foreign patent application or patent, the interests of the Federal Government or United States industry in foreign commerce will be enhanced. ``(b) Manufacture in United States.--A Federal agency shall normally grant a license to use or sell any federally owned invention in the United States only to a licensee who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States. ``(c) Small Business.--First preference for the granting of any exclusive or partially exclusive licenses under this section shall be given to small business firms having equal or greater likelihood as other applicants to bring the invention to practical application within a reasonable time. ``(d) Terms and Conditions.--Licenses granted under this section shall contain such terms and conditions as the granting agency considers appropriate. Such terms and conditions shall include provisions-- ``(1) retaining a nontransferrable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the Government of the United States; ``(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but only to the extent necessary to enable the Federal agency to determine whether the terms of the license are being complied with; and ``(3) empowering the Federal agency to terminate the license in whole or in part if the agency determines that-- ``(A) the licensee is not executing its commitment to achieve practical utilization of the invention, including commitments contained in any plan submitted in support of its request for a license, and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical utilization of the invention; ``(B) the licensee is in breach of an agreement described in subsection (b); ``(C) termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license, and such requirements are not reasonably satisfied by the licensee; or ``(D) the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. ``(e) Public Notice.--No exclusive or partially exclusive license may be granted under this section unless public notice of the intention to grant an exclusive or partially exclusive license on a federally owned invention has been provided in an appropriate manner at least 15 days before the license is granted, and the Federal agency has considered all comments received in response to that public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research and development agreement entered into under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). ``(f) Basic Business Plan.--A Federal agency may grant a license on a federally owned invention only if the person requesting the license has supplied to the agency a basic business plan with development milestones, commercialization milestones, or both. ``(g) Nondisclosure of Certain Information.--Any basic business plan, and revisions thereto, submitted by an applicant for a license, and any report on the utilization or utilization efforts of a licensed invention submitted by a licensee, shall be treated by the Federal agency as commercial and financial information obtained from a person and not subject to disclosure under section 552 of title 5, United States Code.''. (b) Conforming Amendment.--The item relating to section 209 in the table of sections for chapter 18 of title 35, United States Code, is amended to read as follows: ``209. Licensing federally owned inventions.''. SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT. Chapter 18 of title 35, United States Code (popularly known as the ``Bayh-Dole Act''), is amended-- (1) by amending section 202(e) to read as follows: ``(e) In any case when a Federal employee is a coinventor of any invention made under a funding agreement with a nonprofit organization or small business firm, the Federal agency employing such coinventor may, for the purpose of consolidating rights in the invention-- ``(1) license or assign whatever rights it may acquire in the subject invention from its employee to the nonprofit organization or small business firm; or ``(2) acquire any rights in the subject invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction.''; and (2) in section 207(a)-- (A) by striking ``patent applications, patents, or other forms of protection obtained'' and inserting ``inventions'' in paragraph (2); and (B) by inserting ``, including acquiring rights for the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention'' after ``or through contract'' in paragraph (3). SEC. 5. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980. Section 14(a)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)(1)) is amended-- (1) in subparagraph (A)(i), by inserting ``, if the inventor's or coinventor's rights are assigned to the United States'' after ``inventor or coinventors''; and (2) in subparagraph (B), by striking ``succeeding fiscal year'' and inserting ``2 succeeding fiscal years''. SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES. (a) Review.--The Director of the Office of Science and Technology Policy, in consultation with relevant Federal agencies, national laboratories, and any other person the Director considers appropriate, shall review the general policies and procedures used by Federal agencies to gather and consider the views of other agencies on-- (1) joint work statements under section 12(c)(5)(C) or (D) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)(C) or (D)); or (2) in the case of laboratories described in section 12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and development agreements under such section 12, with respect to major proposed cooperative research and development agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness. (b) Procedures.--Within one year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with relevant Federal agencies and national laboratories, shall-- (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness; and (2) establish and distribute to appropriate Federal agencies-- (A) specific criteria to indicate the necessity for gathering and considering the views of other agencies on joint work statements or cooperative research and development agreements as described in subsection (a); and (B) additional procedures, if any, for carrying out such gathering and considering of agency views. Procedures established under this subsection shall be designed to the extent possible to use or modify existing procedures, to minimize burdens on Federal agencies, to encourage industrial partnerships with national laboratories, and to minimize delay in the approval or disapproval of joint work statements and cooperative research and development agreements. Passed the House of Representatives July 14, 1998. Attest: ROBIN H. CARLE, Clerk.

Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise requirements regarding enumerated authority under a cooperative research and development agreement to permit Government laboratories to grant licenses to federally owned inventions made before the licenses were granted and directly related to the scope of the work under such agreements. Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferrable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received (exempts from such notice requirement the licensing of inventions made under a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act); and (2) the person requesting the license has supplied to the agency a basic business plan with development or commercialization milestones, or both. Requires any such basic business plan and any licensed invention utilization report submitted by a licensee to be treated by a Federal agency as commercial and financial information that is not subject to disclosure under the Freedom of Information Act. Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to the Government's acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Technology Innovation Act of 1980 relating to the distribution of royalties received by Federal agencies. Requires the Director of the Office of Science and Technology Policy to review the general policies and procedures used by Federal agencies to gather and consider the views of other agencies on joint work statements with non-Federal entities operating Federal laboratories, or cooperative research and development agreements, with respect to major proposed cooperative research and development agreements that involve critical national security technology or that may have a significant impact on domestic or international competitiveness. Requires the Director to determine the adequacy of existing procedures for interagency coordination and awareness and to distribute to appropriate Federal agencies: (1) specific criteria to indicate the necessity for considering the views of other agencies on joint work statements or cooperative research and development agreements; and (2) additional procedures for carrying out such consideration.

Technology Transfer Commercialization Act of 1998