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SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Improvement Act of 2003''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by inserting the following new section at the end thereof: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--For purposes of this section-- ``(1) The term `bulk-power system' means-- ``(A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and ``(B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. ``(2) The terms `Electric Reliability Organization' and `ERO' mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. ``(3) The term `reliability standard' means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. ``(4) The term `reliable operation' means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. ``(5) The term `Interconnection' means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. ``(6) The term `transmission organization' means a regional transmission organization, independent system operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. ``(7) The term `regional entity' means an entity having enforcement authority pursuant to subsection (e)(4). ``(b) Jurisdiction and Applicability.--(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. ``(2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. ``(c) Certification.--Following the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization (ERO). The Commission may certify one such ERO if the Commission determines that such ERO-- ``(1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and ``(2) has established rules that-- ``(A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; ``(B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; ``(C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); ``(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and ``(E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. ``(d) Reliability Standards.--(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. ``(2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. ``(3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. ``(4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. ``(6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until-- ``(A) the Commission finds a conflict exists between a reliability standard and any such provision; ``(B) the Commission orders a change to such provision pursuant to section 206 of this part; and ``(C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing-- ``(A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice and the record of the proceeding with the Commission. ``(2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the electric reliability organization files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the electric reliability organization and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the electric reliability organization for further proceedings. The Commission shall implement expedited procedures for such hearings. ``(3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system, if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. ``(4) The Commission shall establish regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if-- ``(A) the regional entity is governed by-- ``(i) an independent board; ``(ii) a balanced stakeholder board; or ``(iii) a combination independent and balanced stakeholder board. ``(B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and ``(C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO's authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. ``(5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. ``(6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. ``(f) Changes in Electricity Reliability Organization Rules.--The Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the Electric Reliability Organization. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). ``(g) Reliability Reports.--The Electric Reliability Organization shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. ``(h) Coordination With Canada and Mexico.--The President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the Electric Reliability Organization in the United States and Canada or Mexico. ``(i) Savings Provisions.--(1) The Electric Reliability Organization shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. ``(2) This section does not authorize the Electric Reliability Organization or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. ``(4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the Electric Reliability Organization. ``(5) The Commission, after consultation with the Electric Reliability Organization and the State taking action, may stay the effectiveness of any State action, pending the Commission's issuance of a final order. ``(j) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. A regional advisory body shall be composed or of one member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection-wide basis. ``(k) Application to Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''.

Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system. Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico. Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards. Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC. Declares this Act inapplicable to Alaska or Hawaii.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Fee Act of 2017''. SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE EMPLOYEES. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding after chapter 36 the following new chapter: ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX ``Sec. 4511. Imposition of tax. ``SEC. 4511. IMPOSITION OF TAX. ``(a) In General.--In the case of an applicable employer who employs a low-wage employee during the calendar year, there is imposed a tax equal to the applicable percentage of the aggregate amount of wages paid by the applicable employer with respect to employment of all employees of the employer during the calendar year. ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this section-- ``(1) Applicable employer.-- ``(A) In general.--The term `applicable employer' means, with respect to any calendar year, any employer who was required to make deposits of taxes under chapters 21 and 24 (or who would have been required to make such deposits if the rules of subparagraph (C) applied for such purposes) by the close of the next day for periods aggregating more than 180 days during the preceding calendar year. ``(B) Exception.--Such term shall not include a Federal or other governmental entity or a church or qualified church organization (as such terms are defined in section 3121(w)(3)). ``(C) Aggregation rules.--The rules of subsections (b), (c), (m), and (o) of section 414 shall apply for purposes of this section, except that in applying subsections (b) and (c) of such section, the phrase `more than 50 percent' shall be substituted for the phrase `more than 80 percent' each place it appears. ``(2) Low-wage employee.-- ``(A) In general.--The term `low-wage employee' means any employee who receives wages from an applicable employer during the calendar year in an amount less than 218 percent of the Federal poverty line (within the meaning of section 2110(c)(5) of the Social Security Act) for an individual. Rules similar to the rules of section 36B(d)(3)(B) shall apply for purposes of this subparagraph. ``(B) Employees employed for less than entire year.--In the case of any employee employed by an applicable taxpayer for less than the entire calendar year, the amount described in subparagraph (A) shall be reduced by an amount which bears the same ratio to such amount as-- ``(i) the number of weeks during the calendar year in which such individual was not an employee of such applicable employer, bears to ``(ii) 52. ``(c) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.-- ``(A) Determination.--The applicable percentage shall be determined as follows: ------------------------------------------------------------------------ ``In the case of an applicable employer with a low-wage The applicable employee ratio of: percentage is: ------------------------------------------------------------------------ 25% or less............................................. 25% Greater than 25% but not greater than 50%............... 50% Greater than 50%, but not greater than 75%.............. 75% Greater than 75%........................................ 100%. ------------------------------------------------------------------------ ``(B) Low-wage employee ratio.--For purposes of subparagraph (A), the low-wage employee ratio with respect to any applicable employer is the ratio (expressed as a percentage) of-- ``(i) the number of low-wage employees employed by the applicable employer during the calendar year, to ``(ii) the total number of individuals employed by the applicable employer during such calendar year. ``(2) Health and retirement offset.-- ``(A) In general.--In the case of an applicable employer who meets the requirements of subparagraph (B), the applicable percentage shall be reduced (but not below zero) by 25 percentage points. ``(B) Requirements.--An applicable employer meets the requirements of this subparagraph if such applicable employer-- ``(i) offers to all full-time low-wage employees (and their spouse and dependents) the opportunity to enroll for all months during the calendar year in minimum essential coverage under an eligible employer sponsored health plan (as defined in section 5000A(f)(2)) for which-- ``(I) the plan's share of the allowed costs of benefits provided under the plan is not less than 60 percent of such costs, and ``(II) the required contribution (within the meaning of section 5000A(e)(1)(B)) of the employee does not exceed the applicable percentage of the annual wages paid to the employee by the applicable employer, and ``(ii) meets the retirement plan requirements of subsection (d) for all employees who are low-wage employees. For purposes of clause (i)(II), the applicable percentage is the percentage in effect under section 36B(c)(2)(B)(II) for the plan year. ``(d) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any calendar year with respect to an employee of the applicable employer who is a low-wage employee if the employee is eligible to participate in one or more applicable eligible retirement plans maintained by the applicable employer (or any member of the group of employers treated as an applicable employer under subsection (b)(1)(C)) for a plan year ending with or within the calendar year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the applicable employer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for an applicable employer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(E) Certain employees may be excluded.--For purposes of paragraph (2)(B)(ii), an employer shall not be treated as failing to meet the requirements of this subsection with respect to employees-- ``(i) who have not attained the age of 21 before the close of a plan year, ``(ii) who have less than 1 year of service with the employer as of any day during the plan year, ``(iii) who are covered under an agreement which the Secretary of Labor finds to be a collective bargaining agreement if there is evidence that the benefits covered under the plan were the subject of good faith bargaining between employee representatives and the employer, or ``(iv) who are described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(2) Allocation of tax.--The Secretary shall prescribe such rules as necessary for the allocation of the tax imposed by subsection (a) among different entities treated as a single employer under subsection (b)(1)(C).''. (b) Conforming Amendment.--The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Corporate Responsibility Tax''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act.

Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A "low-wage" employee is an employee who receives wages from the employer that are less than 218% of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scaling Up Manufacturing Act of 2012''. SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES. ``(a) General Rule.--For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. ``(b) Eligible Business.--For purposes of this section-- ``(1) In general.--The term `eligible business' means any corporation or partnership-- ``(A) which is engaged in an active trade or business, ``(B) which is headquartered in the United States, ``(C) substantially all of the management or administrative activities of which are performed in the United States, ``(D) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a manufacturing facility, ``(E) which is a start-up company, and ``(F) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(2) Start-up company.--The term `start-up company' means any corporation or partnership-- ``(A) which first has both gross receipts and qualified research expenses (as defined in section 41(b)) in a taxable year beginning after December 31, 2012, or ``(B) which has both gross receipts and qualified research expenses (as so defined) in fewer than 3 taxable years beginning after December 31, 2012, and before January 1, 2018. ``(c) Qualified Facility Construction Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified facility construction expenditures' means amounts paid or incurred by the taxpayer-- ``(A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and ``(B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. ``(2) Qualified product.--The term `qualified product' means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. ``(d) Special Rules.--For purposes of this section-- ``(1) Recapture.-- ``(A) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable recapture percentage, and ``(ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. ``(B) Applicable recapture percentage.-- ``(i) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: ``If the recapture event The applicable recapture percentage occurs in: is: Year 1............................................. 100 Year 2............................................. 80 Year 3............................................. 60 Year 4............................................. 40 Year 5............................................. 20 Years 6 and thereafter............................. 0. ``(ii) Years.--For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. ``(C) Recapture event.--For purposes of this paragraph-- ``(i) In general.--A recapture event occurs with respect to any facility if-- ``(I) the taxpayer becomes insolvent, or ``(II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. ``(ii) Special rule for facilities not placed in service within 5 years.--In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. ``(2) Credit may be assigned.--The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(3) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(4) Predecessor.--Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(5) Denial of double benefit.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: ``(i) Manufacturing Facility Expenditures.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a).''. (c) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) manufacturing facility expenditure credit determined under section 45S(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(d)(2).''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Scaling Up Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow certain start-up companies that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility. Defines a "start-up company" as any corporation or partnership that: (1) first has both gross receipts and qualified research expenses in a taxable year beginning after December 31, 2012, or (2) has both gross receipts and qualified research expenses in fewer than three taxable years beginning after December 31, 2012, and before January 1, 2018.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Prevention Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Money laundering is a serious problem: between $100,000,000,000 and $300,000,000,000 in United States currency is ``laundered'' each year and the total dollar amount involved in international money laundering likely exceeds $500,000,000,000. (2) Money laundering is critical to the survival of the illicit drug trade, which has annual worldwide revenues of more than $400,000,000,000, more than 8 percent of the total value of international trade. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) Highly secretive and loosely regulated private banking services that cater to wealthy clients are particularly vulnerable to use by drug traffickers for money laundering purposes, and it is estimated that private banking services have banking assets ranging from $200,000,000,000 to $300,000,000,000. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that United States financial institutions make combating money laundering the highest of priorities. (2) To close the existing gaps in law that allow money laundering to flourish in the private banking system. (3) To designate foreign high-intensity money laundering areas for the purpose of targeting areas of concentrated money laundering activities. (4) To require the Board of Governors of the Federal Reserve System to take into account money laundering activities in the consideration of applications under section 3 of the Bank Holding Company Act of 1956. SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES. (a) In General.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act) shall submit a report on private banking activities in the United States to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Contents of Report.--The report required under subsection (a) shall include information on the following: (1) The nature and extent of private banking activities in the United States. (2) Regulatory efforts to monitor private banking activities and ensure that such activities are conducted in compliance with subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (3) The policies and procedures of depository institutions that are designed to ensure compliance by such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (c) Private Banking Activities Defined.--For purposes of this section, the term ``private banking activities'' includes, with respect to a financial institution, personalized services, such as money management, financial advice, and investment services, that are provided to individuals with a high net worth and are not provided generally to all clients of the financial institution. SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN ACCOUNT INFORMATION. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) Availability of certain account information.--The Secretary of the Treasury shall prescribe regulations under this subsection which require financial institutions to maintain all accounts in such a way as to ensure that-- ``(A) the name of the account holder and the number of the account are associated with all account activity of the account holder; and ``(B) all such information is available for purposes of account supervision and law enforcement.'' SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Subchapter III of chapter 53 of title 31, United States Code (as added by the Money Laundering and Financial Crimes Strategy Act of 1998) is amended by adding at the end the following new part: ``Part 3--International Money Laundering and Related Financial Crimes ``Sec. 5361. Designation of foreign high-intensity money laundering areas ``(a) In General.--The Secretary, in consultation with the Federal banking agencies, shall develop criteria for identifying areas outside the United States in which money laundering activities are concentrated. ``(b) Designation.--The Secretary shall designate as a high- intensity money laundering area any foreign country in which there is an area identified, in accordance with the criteria developed pursuant to subsection (a), as an area in which money laundering activities are concentrated. ``(c) Notice and Warning.--Upon the designation, under subsection (b), of a country as a high-intensity money laundering area, the Secretary shall provide-- ``(1) a written notice to each insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), and each depository institution holding company (as defined in such section 3) that controls an insured depository institution, of the identity of the country designated; and ``(2) a written warning that there is a concentration of money laundering activity in such country.''. (b) Clerical Amendment.--The table of subchapters for chapter 53 of title 31, United States Code, is amended by adding at the end the following item: ``Part 3--International Money Laundering and Related Financial Crimes ``5361. Designation of foreign high-intensity money laundering areas.''. SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH- INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Doubled Penalty.--The court may double the sentence of fine or imprisonment, or both, that could otherwise be imposed on any person for a violation described in subsection (a) or (b) if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area under section 5361 was in effect at the time of the violation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any violation committed on or after the date of the enactment of this Act. SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956. (a) In General.--Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following new paragraph: ``(6) Money laundering.--In every case-- ``(A) the Board shall take into consideration the effectiveness of the company or companies in combating and preventing money laundering activities, including in overseas branches; ``(B) the Board shall not consider any application under this section involving any company which is the subject of any-- ``(i) pending Federal investigation of possible money laundering or other related financial crimes; or ``(ii) pending Federal prosecution for money laundering or other related financial crimes, until such investigation or prosecution is completed and a finding is made, except that this subparagraph shall not apply if the period for such completion and the making of findings exceeds 3 years; and ``(C) the Board shall disapprove any application under this section involving any company which has been found criminally or civilly liable for money laundering or any related financial crime during the 5-year period preceding the consideration of such application by the Board.''. (b) Scope of Application.--The amendment made by subsection (a) shall apply with respect to any application submitted to the Board of Governors of the Federal Reserve System under section 3 of the Bank Holding Company Act of 1956 after December 31, 1997, which has not been approved by the Board before the date of the enactment of this Act.

Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. (Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement. (Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. (Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. (Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code (relating to eligible production) is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code (defining types of energy efficient appliances) is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code (relating to aggregate credit amount allowed) is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code (defining qualified energy efficient appliance) is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code (defining clothes washer) is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code (relating to definitions) is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code (relating to definitions) is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.

Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Drought Relief Act of 1998''. SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS. (a) Wheat.--Subsection (a) of section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for wheat shall be equal to not less than 85 percent of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (b) Feed Grains.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate for corn.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for corn shall be equal to not less than 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (c) Upland Cotton.--Subsection (c)(2) of such section is amended by striking ``or more than $0.5192 per pound''. (d) Extra Long Staple Cotton.--Subsection (d) of such section is amended to read as follows: ``(d) Extra Long Staple Cotton.--The loan rate for a marketing assistance loan under section 131 for extra long staple cotton shall be equal to not less than 85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 of the year preceding the year in which the crop is planted, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (e) Oilseeds.--Subsection (f) of such section is amended-- (1) in paragraph (1)(B), by striking ``or more than $5.26''; and (2) in paragraph (2)(B), by striking ``or more than $0.093''. SEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING CERTAIN DROUGHT ALLEVIATION PROJECTS. (a) Definitions.--In this section: (1) Designated disaster area.--The term ``designated disaster area'' means an area that is covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or determined to be a disaster area by the Secretary of Agriculture under subpart A of part 1945 of title 7, Code of Federal Regulations, if the basis for the Presidential declaration or Secretarial determination is at least in part the result of drought conditions in the area. (2) Eligible land.--The term ``eligible land'' means agricultural land, including cropland, rangeland, pasture, and other land on which crops or livestock are produced, or land used to support the production of crops or livestock. (3) Livestock.--The term ``livestock'' means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and such other animals as determined by the Secretary. (4) Producer.--The term ``producer'' means a person who is engaged in livestock or agricultural production (as defined by the Secretary). (b) Authority To Provide Assistance.--During the 1999 through 2002 fiscal years, the Secretary of Agriculture may provide technical assistance and cost-share payments to a producer who undertakes on eligible lands in a designated disaster area a project intended to alleviate or otherwise respond to the effects of drought on crop or livestock production. A producer may apply for cost-share payments under this section before undertaking an eligible project, during the course of the project, or within one year after completing the project. A project may be completed after the expiration of the designation of an area as a designated disaster area. (c) Eligible Projects.--The projects for which assistance may be provided under this section include-- (1) the installation of water wells to be used primarily for crop irrigation or livestock watering; (2) the dredging of ponds or other small bodies of water on eligible lands; and (3) the extension of public water supply lines to serve eligible lands. (d) Offer Selection Process.--The Secretary of Agriculture shall, to the maximum extent practicable, establish a process for selecting applications for financial assistance if there are numerous applications for assistance for eligible projects that would provide substantially the same level of benefits. The process shall be based on-- (1) a reasonable estimate of the projected cost of the proposals and other factors identified by the Secretary for determining which applications will result in the least cost to the program authorized by this section; and (2) such other factors determined by the Secretary that maximize benefits in designated disaster areas per dollar expended. (e) Concurrence of Owner.--If the producer making an offer to receive assistance is a tenant using the eligible land, for the offer to be acceptable, the producer shall obtain the concurrence of the owner of the eligible land with respect to the offer. (f) Amount of Cost-Share Payments.--The Federal share of cost-share payments to a producer proposing to implement one or more eligible project shall be not more than 75 percent of the projected cost of the project, as determined by the Secretary of Agriculture, taking into consideration any payment received by the producer from a State or local government. A producer may not receive cost-share payments under this section for a project if the producer receives cost-share payments or other benefits for the same project under another provision of law. (g) Technical Assistance.--The receipt of technical assistance under this section shall not affect the eligibility of the producer to receive technical assistance under other authorities of law available to the Secretary of Agriculture. (h) Retroactive Effect.--This section shall apply to eligible projects commenced in designated disaster areas on or after January 1, 1998. SEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES. Subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961-1970) is amended by inserting after section 327 the following: ``Sec. 328. In this subtitle, the terms `actual loss' and `actual production loss' mean actual loss or (if greater) the estimated loss as determined by the relevant county committee.''. SEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY LOANS. Section 324 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964) is amended by adding at the end the following: ``(f) A borrower of a loan made under this subtitle may elect to defer the payment of any or all interest on the loan until the end of the period for which the loan is made.''.

Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds. Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998. Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses; and (2) emergency loan interest deferral.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitiveness Tax Credit Act''. SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER PRODUCTIVE EQUIPMENT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the manufacturing and other productive equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Manufacturing and Other Productive Equipment Credit.-- ``(1) In general.--For purposes of section 46, the manufacturing and other productive equipment credit for any taxable year is an amount equal to the sum of-- ``(A) the domestic equipment credit, and ``(B) the nondomestic equipment credit. ``(2) Amount of domestic and nondomestic equipment credits.--For purposes of this subsection-- ``(A) Domestic equipment credit.-- ``(i) In general.--The domestic equipment credit for any taxable year is 10 percent of the amount equal to the product of-- ``(I) the domestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Domestic equipment ratio.--The domestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productive equipment properties placed in service during such taxable year. ``(B) Nondomestic equipment credit.-- ``(i) In general.--The nondomestic equipment credit for any taxable year is 7 percent of the amount equal to the product of-- ``(I) the nondomestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Nondomestic equipment ratio.--The nondomestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are not of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productuve equipment properties placed in service during such taxable year. ``(C) Determination of domestic origin.-- ``(i) In general.--Property shall be treated as being of domestic origin only if-- ``(I) the property was completed in the United States, and ``(II) at least 50 percent of the basis of the property is attributable to value added within the United States. ``(ii) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(3) Qualified manufacturing and other productive equipment property.--For purposes of this subsection-- ``(A) In general.--The term `qualified manufacturing and other productive equipment property' means any property-- ``(i) which is used as an integral part of the manufacture or production of tangible personal property and increases the efficiency of the manufacturing or production process; ``(ii) which is tangible property to which section 168 applies, other than 3-year property (within the meaning of section 168(e)), ``(iii) which is section 1245 property (as defined in section 1245(a)(3)), and ``(iv)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer, if the original use of such property commences with the taxpayer. ``(B) Special rule for computer software.--In the case of any computer software-- ``(i) which is used to control or monitor a manufacturing or production process, ``(ii) which increases the efficiency of the manufacturing or production process, and ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, such software shall be treated as qualified manufacturing and other productive equipment property. ``(4) Qualified increase amount.--For purposes of this subsection-- ``(A) In general.--The term `qualified increase amount' means the excess (if any) of-- ``(i) the aggregate bases of qualified manufacturing and other productive equipment properties placed in service during the taxable year, over ``(ii) the base amount. ``(B) Base amount.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the taxable year for which the credit is being determined (in this subsection referred to as the `credit year'). ``(C) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under subparagraph (A)(i). ``(D) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in subparagraph (A)(i) for taxable years beginning after December 31, 1987, and before January 1, 1993, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest \1/100\ of 1 percent. ``(E) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(7) Termination date.--This subsection shall not apply to any property placed in service after the expiration of the 2- year period beginning on the date of the enactment of this Act.'' (c) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified manufacturing and other productive equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(6)'' before the period at the end. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to-- (1) property acquired by the taxpayer after the date of the enactment of this Act, and (2) property the construction, reconstruction, or erection of which is completed by the taxpayer after the date of the enactment of this Act, but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date.

Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. Makes such credit applicable for the two-year period beginning on the date of enactment of this Act.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Water Quality Protection and Job Creation Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendment of Federal Water Pollution Control Act. TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance Sec. 101. Technical assistance. Sec. 102. State management assistance. Sec. 103. Watershed pilot projects. Sec. 104. Nonpoint source management programs. Subtitle B--State Water Pollution Control Revolving Funds Sec. 121. Capitalization grant agreements. Sec. 122. Water pollution control revolving loan funds. Sec. 123. State planning assistance. Sec. 124. Intended use plan. Sec. 125. Technical assistance. Sec. 126. Authorization of appropriations. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS Sec. 201. Pilot program for alternative water source projects. Sec. 202. Sewer overflow control grants. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. 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 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). TITLE I--WATER QUALITY FINANCING Subtitle A--Technical and Management Assistance SEC. 101. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations-- ``(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c); ``(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``; and (7) not to exceed $100,000,000 for each of fiscal years 2018 through 2022 for carrying out subsections (b)(3), (b)(8), and (g), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsection (b)(8)''. SEC. 102. STATE MANAGEMENT ASSISTANCE. (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. 1256(a)) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) such sums as may be necessary for each of fiscal years 1991 through 2017, and $300,000,000 for each of fiscal years 2018 through 2022;''. (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is amended by striking ``Beginning in fiscal year 1974 the'' and inserting ``The''. SEC. 103. WATERSHED PILOT PROJECTS. Section 122(c) is amended to read as follows: ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2018 through 2022.''. SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. Section 319(j) (33 U.S.C. 1329(j)) is amended by striking ``$70,000,000'' and all that follows through ``fiscal year 1991'' and inserting ``$200,000,000 for each of fiscal years 2018 through 2022''. Subtitle B--State Water Pollution Control Revolving Funds SEC. 121. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (13)(B)(iii), 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) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2017, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for projects or activities included on the State's priority list under section 603(g), to the extent that there are sufficient applications for such assistance.''. SEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS. Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide grants to owners and operators of treatment works that serve a population of 10,000 or fewer for obtaining technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, and other activities to improve wastewater treatment plant management and operations, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest; and ``(9) to provide grants to owners and operators of treatment works for conducting an assessment of the energy and water consumption of the treatment works, and evaluating potential opportunities for energy and water conservation through facility operation and maintenance, equipment replacement, and projects or activities that promote the efficient use of energy and water by the treatment works, except that the total amount provided by the State in grants under this paragraph for a fiscal year may not exceed one percent of the total amount of assistance provided by the State from the fund in the preceding fiscal year, or 2 percent of the total amount received by the State in capitalization grants under this title in the preceding fiscal year, whichever amount is greatest.''. SEC. 123. STATE PLANNING ASSISTANCE. Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 percent'' and inserting ``2 percent''. SEC. 124. INTENDED USE PLAN. (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Priority List.-- ``(1) In general.--For fiscal year 2019 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State's water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State's water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under subsection (c)(2), the State may include on such list a category or subcategory of nonpoint sources of pollution to be addressed. ``(2) Methodology.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State shall establish a methodology for developing a priority list under paragraph (1). ``(B) Priority for projects and activities that achieve greatest water quality improvement.--In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration-- ``(i) the requirements of section 602(b)(5); ``(ii) whether such water quality improvements would be realized without assistance under this title; and ``(iii) whether the proposed projects and activities would address water quality impairments associated with existing treatment works. ``(C) Considerations in selecting projects and activities.--In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider-- ``(i) information developed by the State under sections 303(d) and 305(b); ``(ii) the State's continuing planning process developed under sections 205(j) and 303(e); ``(iii) whether such project or activity may have a beneficial impact related to the purposes identified under section 302(a); ``(iv) the State's management program developed under section 319; and ``(v) conservation and management plans developed under section 320 with respect to an estuary lying in whole or in part within the State. ``(D) Nonpoint sources.--For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities carried out pursuant to the listing of such categories or subcategories. ``(E) Existing methodologies.--If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.''. (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is amended-- (1) in the matter preceding paragraph (1) by inserting ``and publish'' after ``each State shall annually prepare''; (2) by striking paragraph (1) and inserting the following: ``(1) the State's priority list developed under section 603(g);''; (3) in paragraph (4), by striking ``and'' at the end; (4) by striking the period at the end of paragraph (5) and inserting ``; and''; and (5) by adding at the end the following: ``(6) if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.''. (c) Transitional Provision.--Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act. SEC. 125. TECHNICAL ASSISTANCE. Section 607 is amended to read as follows: ``SEC. 607. TECHNICAL ASSISTANCE. ``(a) Simplified Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title. ``(b) Publication of Manual.--Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.''. SEC. 126. AUTHORIZATION OF APPROPRIATIONS. Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out the purposes of this title $4,000,000,000 for each of fiscal years fiscal year 2018 through 2022.''. TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER GRANTS SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. 1300(e)) is amended by striking subsection (e) and redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) Definitions.--Section 220(h)(1) (as redesignated by subsection (c) of this section) is amended by striking ``or wastewater or by treating wastewater'' and inserting ``, wastewater, or stormwater or by treating wastewater or stormwater''. (d) Authorization of Appropriations.--Section 220(i) (as redesignated by subsection (c) of this section) is amended by striking ``$75,000,000 for fiscal years 2002 through 2004'' and inserting ``$75,000,000 for each of fiscal years 2018 through 2022''. SEC. 202. SEWER OVERFLOW CONTROL GRANTS. Section 221 (33 U.S.C. 1301) is amended-- (1) by amending the section heading to read as follows: ``sewer overflow and stormwater reuse municipal grants''; (2) by amending subsection (a) to read as follows: ``(a) In General.-- ``(1) Grants to states.--The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater. ``(2) Direct municipal grants.--Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).''; (3) by amending subsection (e) to read as follows: ``(e) Administrative Requirements.--A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section.''; (4) by amending subsection (f) to read as follows: ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2018 through 2022. ``(2) Minimum allocations.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.''; and (5) by amending subsection (g) to read as follows: ``(g) Allocation of Funds.-- ``(1) Fiscal year 2018.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2018 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2019 and thereafter.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2019 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent survey conducted pursuant to section 516 and any other information the Administrator considers appropriate.''.

Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training; state and interstate water pollution control programs; wet weather watershed pilot projects; a grant program for implementing state management programs for controlling pollution added from nonpoint sources (e.g., pollution on the ground picked up by rain) to navigable waters; a grant program for protecting groundwater quality; clean water state revolving funds; a pilot program for alternative water source projects; and sewer overflow and stormwater reuse municipal grants (formally known as sewer overflow control grants). The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Improvement Act of 2007''. SEC. 2. REFORM OF ``DONUT HOLE''. (a) Counting Certain Expenditures Towards Out-of-Pocket Limits.-- (1) In general.--Section 1860D-2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)-- (i) by striking ``such costs shall be treated as incurred only if'' and inserting ``subject to clause (iii), such costs shall be treated as incurred if''; (ii) by striking ``, under section 1860D- 14, or under a State Pharmaceutical Assistance Program''; (iii) by striking ``(other than under such section or such a Program)''; and (iv) by striking the period at the end and inserting ``; and''; and (C) by inserting after clause (ii) the following new clause: ``(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid-- ``(I) under section 1860D-14; ``(II) under a State Pharmaceutical Assistance Program; ``(III) by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); ``(IV) by a rural health clinic or Federally qualified health center (as defined in section 1861(aa)); ``(V) under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act; ``(VI) by a pharmaceutical manufacturer patient assistance program, either directly or through the distribution or donation of covered part D drugs, which shall be valued at the negotiated price of such covered part D drug under the enrollee's prescription drug plan or MA-PD plan as of the date that the drug was distributed or donated; or ``(VII) by a subsection (d) hospital (as defined in section 1886(d)(1)(B) that meets the requirements of clauses (i) and (ii) of the section 340B(a)(4)(L) of the Public Health Service Act.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to costs incurred on or after January 1, 2008, for plan years beginning on or after such date. (b) Report on Closing the Gap.--The Secretary of Health and Human Services shall conduct a study on how to eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit and how to finance such elimination. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study. SEC. 3. CONFORMING LATE ENROLLMENT PENALTY TO MEDICARE PART B PENALTY STRUCTURE. (a) In General.--Section 1860D-13(b)(3) of the Social Security Act (42 U.S.C. 1395w-113(b)(3)) is amended by striking ``is the greater of'' and all that follows and inserting the following: ``is 10 percent of the base beneficiary premium (as computed under subsection (a)(2)) for each continuous period of 12 consecutive uncovered months in such period''. (b) Not Counting Periods of Non-Enrollment During First Year of Program.--Subparagraph (B) of such section is amended by inserting ``(after December 2007)'' after ``any month''. (c) Presumption of Errors in Enrollment or Nonenrollment Due to Official Error.--Section 1837(h) of such Act (42 U.S.C. 1395p(h)) is amended by adding at the end the following: ``In applying the previous sentence, an individual's unintentional, inadvertent, or erroneous enrollment or nonenrollment shall be presumed to be the result of an error, misrepresentation, or inaction of an officer, employee, or agent of the Federal Government, or its instrumentalities, unless the Secretary demonstrates otherwise.''. (d) Effective Dates.--The amendments made by subsections (a) and (b) shall apply to late enrollment penalties for months beginning with January 2008. The amendment made by subsection (c) shall take effect on January 1, 2008, and shall apply as of such date to enrollments (and non-enrollments) occurring before, on, or after such date. SEC. 4. MORE FREQUENT CHANGES IN PLANS PERMITTED. (a) In General.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Same frequency as changes in formularies.--In the case of an individual enrolled in a prescription drug plan (or MA-PD plan), as often as the Secretary permits such plan to make changes in its formulary.''. (b) Permitting Change in Enrollment During First 3 Months of Each Year as Permitted Under the Medicare Advantage Program.--Section 1860D- 1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by striking ``, (C),''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 5. LOW INCOME SUBSIDY IMPROVEMENTS. (a) Removal of Asset Test.-- (1) In general.--Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1), in the matter before subparagraph (A), by striking ``and who meets the resources requirement described in paragraph (3)(D)''; and (B) in paragraph (3)-- (i) in paragraph (3)(A), by adding ``and'' at the end of clause (i), by striking ``; and'' at the end of clause (ii) and inserting a period, and by striking clause (iii); and (ii) by striking subparagraphs (D) and (E). (2) Effective date.--The amendments made by paragraph (1) shall apply to benefits for months beginning with January 2008. (b) Elimination of Late Enrollment Penalties for Subsidy Eligible Individuals.-- (1) In general.--Section 1860D-13(b)(2) of the Social Security Act (42 U.S.C. 1395w-113(b)(2)) is amended by inserting ``who is not a subsidy eligible individual and'' after ``an individual''. (2) Conforming amendments.--Section 1860D-14 of such Act (42 U.S.C. 1395w-114) is amended-- (A) in subsection (a)(1)(A), by striking ``equal to'' and all that follows and inserting the following: ``100 percent of the amount described in subsection (b)(1), but not to exceed the premium amount specified in subsection (b)(2)(B).''; and (B) in subsection (b)(2)(B), by striking the last sentence. (3) Effective date.--The amendments made by this subsection shall apply to late enrollment penalties for months beginning with January 2008.

Medicare Part D Improvement Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of the Social Security Act to revise requirements for the Medicare prescription drug program with respect to: (1) counting certain expenditures towards out-of-pocket limits; (2) conforming the late enrollment penalty to the Medicare part B penalty structure; (3) allowing more frequent changes in plans; and (4) removing the asset test and eliminating late enrollment penalties for low-income subsidy eligible individuals. Directs the Secretary of Health and Human Services to study and report to Congress on how to: (1) eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit; and (2) finance such elimination.

SECTION 1. SHORT TITLE. This title may be cited as the ``Habeas Corpus Revision Act of 1994''. SEC. 2. STATUTE OF LIMITATIONS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) In the case of an applicant under sentence of death, any application for habeas corpus relief under this section must be filed in the appropriate district court not later than 1 year after-- ``(A) the date of denial of a writ of certiorari, if a petition for a writ of certiorari to the highest court of the State on direct appeal or unitary review of the conviction and sentence is filed, within the time limits established by law, in the Supreme Court; ``(B) the date of issuance of the mandate of the highest court of the State on direct appeal or unitary review of the conviction and sentence, if a petition for a writ of certiorari is not filed, within the time limits established by law, in the Supreme Court; or ``(C) the date of issuance of the mandate of the Supreme Court, if on a petition for a writ of certiorari the Supreme Court grants the writ and disposes of the case in a manner that leaves the capital sentence undisturbed. ``(2) The time requirements established by this section shall be tolled-- ``(A) during any period in which the State has failed to provide counsel as required in section 2257 of this chapter; ``(B) during the period from the date the applicant files an application for State postconviction relief until final disposition of the application by the State appellate courts, if all filing deadlines are met; and ``(C) during an additional period not to exceed 90 days, if counsel moves for an extension in the district court that would have jurisdiction of a habeas corpus application and makes a showing of good cause.''. SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES. Section 2251 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before the first paragraph; (2) by inserting ``(2)'' before the second paragraph; and (3) by adding at the end the following: ``(b) In the case of an individual under sentence of death, a warrant or order setting an execution shall be stayed upon application to any court that would have jurisdiction over an application for habeas corpus under this chapter. The stay shall be contingent upon reasonable diligence by the individual in pursuing relief with respect to such sentence and shall expire if-- ``(1) the individual fails to apply for relief under this chapter within the time requirements established by section 2254(g) of this chapter; ``(2) upon completion of district court and court of appeals review under section 2254 of this chapter, the application is denied and-- ``(A) the time for filing a petition for a writ of certiorari expires before a petition is filed; ``(B) a timely petition for a writ of certiorari is filed and the Supreme Court denies the petition; or ``(C) a timely petition for certiorari is filed and, upon consideration of the case, the Supreme Court disposes of it in a manner that leaves the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, in the presence of counsel qualified under section 2257 of this chapter and after being advised of the consequences of the decision, an individual waives the right to pursue relief under this chapter.''. SEC. 4. LAW APPLICABLE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2256. Law applicable ``(a) Except as provided in subsection (b), in an action under this chapter, the court shall not apply a new rule. ``(b) A court shall apply a new rule, if the new rule-- ``(1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or ``(2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. ``(c) As used in this section, the term `new rule' means a clear break from precedent, announced by the Supreme Court of the United States, that could not reasonably have been anticipated at the time the claimant's sentence became final in State court. A rule is not `new' merely because it was not dictated or compelled by the precedents existing at that time or because, at that time, it was susceptible to debate among reasonable minds.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: ``2256. Law applicable.''. SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 of this subtitle the following: ``Sec. 2257. Counsel in capital cases; State court ``(a) Notwithstanding section 2254(d) of this chapter, the court in an action under this chapter shall neither presume a finding of fact made in a State court proceeding specified in subsection (b)(1) of this section to be correct nor decline to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless-- ``(1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases that meets the specifications in subsection (b) of this section; ``(2) if the applicant in the instant case was eligible for the appointment of counsel and did not waive such an appointment, the State actually appointed an attorney or attorneys to represent the applicant in the State proceeding in which the finding of fact was made or the default occurred; and ``(3) the attorney or attorneys so appointed substantially met both the qualification standards specified in subsection (b)(3)(A) or (b)(4) of this section and the performance standards established by the appointing authority. ``(b) A mechanism for providing legal services to indigents within the meaning of subsection (a)(1) of this section shall include the following elements: ``(1) The State shall provide legal services to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate, collateral, or unitary review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review of State court judgments in the United States Supreme Court. ``(2) The State shall establish a counsel authority, which shall be-- ``(A) a statewide defender organization; ``(B) a resource center; or ``(C) a counsel authority appointed by the highest State court having jurisdiction over criminal matters, consisting of members of the bar with substantial experience in, or commitment to, the representation of criminal defendants in capital cases, and comprised of a balanced representation from each segment of the State's criminal defense bar. ``(3) The counsel authority shall-- ``(A) publish a roster of attorneys qualified to be appointed in capital cases, procedures by which attorneys are appointed, and standards governing qualifications and performance of counsel, which shall include-- ``(i) knowledge and understanding of pertinent legal authorities regarding issues in capital cases; and ``(ii) skills in the conduct of negotiations and litigation in capital cases, the investigation of capital cases and the psychiatric history and current condition of capital clients, and the preparation and writing of legal papers in capital cases; ``(B) monitor the performance of attorneys appointed and delete from the roster any attorney who fails to meet qualification and performance standards; and ``(C) appoint a defense team, which shall include at least 2 attorneys, to represent a client at the relevant stage of proceedings, within 30 days after receiving notice of the need for the appointment from the relevant State court. ``(4) An attorney who is not listed on the roster shall be appointed only on the request of the client concerned and in circumstances in which the attorney requested is able to provide the client with quality legal representation. ``(5) No counsel appointed pursuant to this section to represent a prisoner in State postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly request continued representation. ``(6) The ineffectiveness or incompetence of counsel appointed pursuant to this section during State or Federal postconviction proceedings shall not be a ground for relief in a proceeding arising under section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. ``(7) Upon receipt of notice from the counsel authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. ``(8) Attorneys appointed pursuant to this section shall be compensated on an hourly basis pursuant to a schedule of hourly rates as periodically established by the counsel authority after consultation with the highest State court with jurisdiction over criminal matters. Appointed counsel shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. ``(9) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in paragraph (8).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 804 the following: ``2257. Counsel in capital cases; State court.''. SEC. 6. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``, in the case of an applicant not under sentence of death,'' after ``When''; and (3) by adding at the end the following: ``(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless-- ``(A) the applicant shows that-- ``(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or ``(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and ``(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.''. SEC. 7. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, of title 28, United States Code, is amended to read as follows: ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.''. SEC. 8. DUTIES OF THE DISTRICT COURT. Section 2254(a) of title 28, United States Code, is amended by adding at the end the following: ``In adjudicating the merits of any such ground, the court shall exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts and shall not defer to a previous State court judgment regarding a Federal legal standard or its application. Upon request, the court shall permit the parties to present evidence regarding material facts that were not adequately developed in State court. The court shall award relief with respect to any meritorious constitutional ground, unless, in the case of a violation that can be harmless, the respondent shows that the error was harmless beyond a reasonable doubt.''. SEC. 9. CLAIMS OF INNOCENCE. (a) In General.--Chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``Sec. 2258. Claims of innocence ``(a) At any time, and notwithstanding any other provision of law, a district court shall issue habeas corpus relief on behalf of an applicant under sentence of death, imposed either in Federal or in State court, who offers credible newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in-- ``(1) an acquittal of the offense for which the death sentence was imposed; or ``(2) a sentence other than death. ``(b) An application filed pursuant to subsection (a) shall offer substantial evidence which, if credible, would establish one of the standards in subsection (a)(1) or (2). An application that fails to do so may be dismissed. ``(c) If the court concludes that an application meets the requirements in subsection (b), the court shall-- ``(1) order the respondent to file an answer; ``(2) permit the parties to conduct reasonable discovery; ``(3) conduct a hearing to resolve disputed issues of fact; and ``(4) upon request, issue a stay of execution pending further proceedings in the district court and on direct review of the district court's judgment. ``(d) If the court concludes that the applicant meets the standards established by subsection (a)(1) or (2), the court shall order his or her release, unless a new trial or, in an appropriate case, a new sentencing proceeding, is conducted within a reasonable time. ``(e) If the court determines that the applicant is currently entitled to pursue other available and effective remedies in either State or Federal court, the court may, at the request of either party, suspend its consideration of the application under this section until the applicant has exhausted those remedies. A stay issued pursuant to subsection (c) shall remain in effect during such a suspension. ``(f) An application under this section may be consolidated with any other pending application under this chapter, filed by the same applicant.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding after the provision added by section 805 of this subtitle the following: ``2258. Claims of innocence.''. SEC. 10. PROCEDURAL DEFAULT IN STATE COURT. Section 2254 of title 28, United States Code, is amended by adding the following: ``(h)(1) A district court shall decline to consider a claim under this section if-- ``(A) the applicant previously failed to raise the claim in State court at the time and in the manner prescribed by State law; the State courts, for that reason, refused or would refuse to entertain the claim; such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the Supreme Court of the United States; and ``(B) the applicant fails to show cause for the failure to raise the claim in State court and prejudice to the applicant's right to fair proceedings or to an accurate outcome resulting from the alleged violation of the Federal right asserted, or that failure to consider the claim would result in a miscarriage of justice. ``(2) The court shall not find cause in any case in which it appears that the applicant or counsel deliberately withheld a claim from the State courts for strategic purposes. An applicant may establish cause by showing that-- ``(A) the factual basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant could have raised the claim in State court; ``(B) the claim relies on a decision of the Supreme Court of the United States, announced after the applicant might have raised the claim in State court; or ``(C) the failure to raise the claim in State court was due to interference by State officials, counsel's ignorance or neglect, or counsel's ineffective assistance in violation of the Constitution.''. HR 4018 RH----2

Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 3) Specifies requirements for stays of execution in capital cases. (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2003''. TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY SEC. 101. DESIGNS ON THE 5-CENT COIN. (a) In General.--Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5- cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS AND CLARK EXPEDITION. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. (a) In General.--Section 5135 of title 31, United States Code, is amended to read as follows: ``Sec. 5135. Citizens Coinage Advisory Committee ``(a) Establishment.-- ``(1) In general.--There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretary of the Treasury on the selection of themes and designs for coins. ``(2) Oversight of advisory committee.--The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(b) Membership.-- ``(1) Appointment.--The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: ``(A) Seven persons appointed by the Secretary-- ``(i) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; ``(iv) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and ``(v) three of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. ``(B) Four persons appointed by the Secretary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens whoare specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: ``(i) One person recommended by the Speaker of the House of Representatives. ``(ii) One person recommended by the minority leader of the House of Representatives. ``(iii) One person recommended by the majority leader of the Senate. ``(iv) One person recommended by the minority leader of the Senate. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) four of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; ``(ii) the four members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and ``(iii) three of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed to the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Continuation of service.--Each appointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(5) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretary and may be removed at any time for good cause. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register, and timely notice of each meeting shall be made to trade publications and publications of general circulation. ``(9) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. ``(2) Advising the Secretary of the Treasury with regard to-- ``(A) the events, persons, or places that the Advisory Committee recommends be commemorated by the issuance of commemorative coins in each of the 5 calendar years succeeding the year in which a commemorative coin designation is made; ``(B) the mintage level for any commemorative coin recommended under subparagraph (A); and ``(C) the proposed designs for commemorative coins. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. ``(e) Administrative Support, Technical Services, and Advice.--Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall provide to the Advisory Committee the administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. ``(f) Consultation Authority.--In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. ``(g) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to the requirements of subsection (b)(8), the Federal Advisory Committee Act shall not apply with respect to the Committee.''. (b) Abolishment of Citizens Commemorative Coin Advisory Committee.--Effective on the date of the enactment of this Act, the Citizens CommemorativeCoin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is hereby abolished. (c) Continuity of Members of Citizens Commemorative Coin Advisory Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary. (d) Technical and Conforming Amendments.-- (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, is amended by striking ``Citizens Commemorative Coin Advisory Committee'' and inserting ``Citizens Coinage Advisory Committee''. (2) Section 5134(c) of title 31, United States Code, is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). TITLE II--TECHNICAL AND CLARIFYING PROVISIONS SEC. 201. CLARIFICATION OF EXISTING LAW. (a) In General.--Section 5134(f)(1) of title 31, United States Code, is amended to read as follows: ``(1) Payment of surcharges.-- ``(A) In general.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(i) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item. ``(B) Unpaid amounts.--If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund, under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of-- ``(i) the last day any such numismatic item is issued by the Secretary; or ``(ii) the date of the enactment of the American 5-Cent Coin Design Continuity Act of 2003, such unpaid amount shall be deposited in the Treasury as miscellaneous receipts.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as of the date of the enactment of Public Law 104-208. 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 February 26, 2003. The summary of that version is repeated here.) American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - (Sec. 101) Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition; and (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (Sec. 102) Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. (Sec. 103) Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs.Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary.Title II: Technical and Clarifying Provisions - (Sec. 201) Amends Federal law to revise the requirements for payment of surcharges to recipient organizations.Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds.

SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY. (a) Short Title.--This Act may be cited as the ``Federal Public Safety Officer Surviving Spouse Protection Act of 2005''. (b) Civil Service Retirement System.--Section 8341 of title 5, United States Code, is amended-- (1) in subsection (b)(3)(B) by striking ``subsection (k)'' and inserting ``subsection (j)''; (2) in subsection (d) in clause (ii) of the last undesignated sentence by striking ``subsection (k)'' and inserting ``subsection (j)''; (3) in subsection (h)(3)(B)(i) by striking ``subsection (k)'' and inserting ``subsection (j)''; and (4) by striking subsection (k) and inserting the following: ``(j)(1) In this subsection, the term `Federal public safety officer' means-- ``(A) a law enforcement officer; or ``(B) an employee participating under this chapter who is-- ``(i) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(ii) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(I) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(II) are determined by the Secretary of the Treasury to be hazardous duties. ``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(A) the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(B) in the case of a widow or widower the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty. ``(3) A remarriage described under paragraph (2) shall not be taken into account for purposes of section 8339(j)(5) (B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.''. (c) Federal Employees Retirement System.--Section 8442(d) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3)(A) In this paragraph, the term `Federal public safety officer' means-- ``(i) a law enforcement officer; or ``(ii) an employee participating under this chapter who is-- ``(I) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(II) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties-- ``(aa) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and ``(bb) are determined by the Secretary of the Treasury to be hazardous duties. ``(B) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if-- ``(i) the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based; or ``(ii) the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty.''. (d) Effective Date.--The amendments made by this Act shall take effect on January 1, 1988, and apply only to remarriages which occur on or after that date.

Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Alternative Minimum Tax Repeal Act of 1995''. (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. 2. ALTERNATIVE MINIMUM TAX. (a) In General.--Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to alternative minimum tax) is hereby repealed. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) (relating to election to claim certain unearned income of child on parent's return) is amended-- (A) by inserting ``and'' at the end of clause (i), (B) by striking ``and'' and the end of clause (ii) and inserting a period, and (C) by striking clause (iii). (2) Subsection (d) of section 2 (relating to taxes imposed on nonresident aliens) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (3) Subsection (a) of section 5 (relating to cross references relating to tax on individuals) is amended by striking paragraph (4). (4) Subsection (d) of section 11 (relating to taxes imposed on foreign corporations) is amended by striking ``the taxes imposed by subsection (a) and section 55'' and inserting ``the tax imposed by subsection (a)''. (5) Section 12 (relating to cross references relating to tax on corporations) is amended by striking paragraph (7). (6) Section 26 (relating to limitation based on tax liability; definition of tax liability) is amended-- (A) by amending subsection (a) to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the taxpayer's regular tax liability for the taxable year.'', (B) in subsection (b)(2), by striking subparagraph (A) and by redesignating subparagraphs (B) through (N) as subparagraphs (A) through (M), respectively, and (C) by striking subsection (c). (7) Paragraph (3) of section 30(b) (relating to credit for qualified electric vehicles) is amended by striking ``the excess'' and all that follows and inserting ``the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 28, and 29.'' (8) Subsection (h) of section 32 (relating to reduction of credit to taxpayers subject to alternative minimum tax) is hereby repealed. (9) Subsection (c) of section 38 (relating to business related credits) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following new paragraph: ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed 25 percent of so much of the taxpayer's net regular tax liability as exceeds $25,000. For purposes of the preceding sentence, the term `net regular tax liability' means the regular tax liability reduced by the sum of the credits allowable under subparts A and B of this part.'', and (B) by redesignating paragraph (3) as paragraph (2). (10) Subsection (c) of section 53 is amended by striking ``the excess'' and all that follows and inserting ``the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part.'' (11) Subsection (b) of section 59A (relating to environmental tax) is amended by adding at the end the following: ``For purposes of this subsection, references to sections 55 and 56 shall be treated as references to such sections as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995.''. (12)(A) Paragraph (2) of section 148(b) is amended by adding at the end the following new flush sentence: ``Such term shall not include any tax-exempt bond.'' (B) Paragraph (3) of section 148(b) (relating to higher yield investments) is hereby repealed. (13) Subparagraph (B) of section 149(g)(3) (relating to hedge bonds) is amended by striking all that follows ``invested in bonds'' and inserting ``the interest on which is not includible in gross income under section 103.'' (14) Section 173 (relating to circulation expenditures) is amended by striking ``(a) General Rule.--'' and by striking subsection (b). (15) Subsection (f) of section 174 (relating to research and experimental expenditures) is amended to read as follows: ``(f) Cross Reference.-- ``For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14).'' (16) Subsection (c) of section 263 (relating to capital expenditures) is amended by striking ``59(e) or''. (17) Subsection (c) of section 263A (relating to capitalization and inclusion in inventory costs of certain expenses) is amended by striking paragraph (6). (18) Section 382(l) (relating to net operating loss carryforwards and certain built-in losses following ownership change) is amended by striking paragraph (7). (19) Section 443 (relating to adjustment in computing minimum tax and tax preferences) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (20) Section 617 (relating to deduction and recapture of certain mining exploration expenditures) is amended by striking subsection (i). (21) Subsections (b) and (c) of section 666 (relating to accumulation distribution of trust allocated to preceding years) are each amended by striking ``(other than the tax imposed by section 55)''. (22) Section 847 (relating to special estimated tax payments) is amended-- (A) in paragraph (9), by striking the last sentence; (B) in paragraph (10), by inserting ``and'' at the end of subparagraph (A) and by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (23) Section 848 (relating to capitalization of certain policy acquisition expenses) is amended by striking subsection (i) and by redesignating subsection (j) as subsection (i). (24) Paragraph (1) of section 871(b) (relating to tax on nonresident alien individuals) is amended by striking ``, 55,''. (25) Subsection (b) of section 877 (relating to expatriation to avoid tax) is amended by striking ``, 55,''. (26) Paragraph (1) of section 882(a) is amended by striking ``55,''. (27) Subsection (a) of section 897 (relating to disposition of investment in United States real property) is amended to read as follows: ``(a) Treatment as Effectively Connected With United States Trade or Business.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 8872(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.'' (28) Subsection (j) of section 904 (relating to limitation on credit) is amended to read as follows: ``(j) Cross Reference.-- ``For increase of limitation under subsection (a) for taxes paid with respect to amounts received which were included in the gross income of the taxpayer for a prior taxable year as a United States shareholder with respect to a controlled foreign corporation, see section 960(b).'' (29) Paragraph (1) of section 962(a) (relating to election by individuals to be subject to tax at corporate rates) is amended-- (A) by striking ``sections 1 and 55'' and inserting ``section 1'', and (B) by striking ``sections 11 and 55'' and inserting ``section 11''. (30) Paragraph (20) of section 1016(a) (relating to adjustments to basis) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``preferences)''. (31) Subsection (a) of section 1561 (relating to limitations on certain multiple tax benefits in the case of certain controlled corporations) is amended by striking the last sentence. (32) Subparagraph (A) of section 6425(c)(1) (defining income tax liability) is amended-- (A) by inserting ``plus'' at the end of clause (i), and (B) by striking clause (ii) and by redesignating clause (iii) as clause (ii). (33) Section 6654(d)(2) (relating to failure by individual to pay estimated income tax) is amended-- (A) in clause (i) of subparagraph (B), by striking ``, alternative minimum taxable income,'', and (B) in clause (i) of subparagraph (C), by striking ``, alternative minimum taxable income,''. (34) Subparagraph (C) of section 6662(e)(3) (relating to accuracy-related penalty) is amended by inserting ``, as in effect on the day before the date of the enactment of the Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''. (c) Clerical Amendments.--The table of parts for subchapter A of chapter 1 is amended by striking the item relating to part VI. (d) Effective Date.--The amendments made by this section shall take effect in taxable years beginning after December 31, 1994.

Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bodegas as Catalysts for Healthy Living Act''. SEC. 2. GRANTS FOR SMALL BUSINESSES AND CONSUMER EDUCATION AND OUTREACH. (a) Program Required.--The Administrator of the Small Business Administration shall carry out a program under which the Administrator makes grants to any of the following: (1) A locally-based organization that represents small business concerns. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or more of the following activities: (1) To provide, to independently owned and operated small business concerns, such as bodegas and corner stores, assistance (such as assistance in purchasing appropriate equipment, or assistance in hiring and training personnel) in expanding their inventory to include one or more of the following products: (A) Fresh fruits and vegetables. (B) Healthy alternatives (as defined by the Department of Agriculture) such as whole milk alternatives, pure fruit juices, and products with 0 grams of transfat). (2) To provide, to community-based organizations, such as community health centers, assistance in carrying out consumer education and outreach activities to encourage the purchase of such products, such as by informing communities about the health risks associated with high-calorie, low-exercise lifestyles and the benefits of healthy living. (c) Collaboration Required.--A small business concern may receive assistance in expanding inventory under subsection (b)(1) only if the small business concern works in collaboration with one or more community-based organizations in expanding that inventory. A community- based organization may receive assistance in carrying out activities under subsection (b)(2) only if the community-based organization works in collaboration with one or more small business concerns in carrying out those activities. (d) Maximum Grant.--A grant under this section may not exceed $100,000. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2), by adding at the end the following new subparagraph: ``(BB) additional primary and preventive services described in subsection (ccc);''; and (B) by adding at the end the following new subsection: ``Additional Primary and Preventive Services ``(ccc) The term `additional primary and preventive services' means such primary and preventive services that are not otherwise covered under this title as the Secretary shall specify when provided by qualified providers, as specified by the Secretary. Such term includes the following: ``(1) Services for the prevention and treatment of obesity and obesity-related disease. ``(2) Supervised exercise sessions. ``(3) Exercise stress testing for the purpose of exercise prescriptions. ``(4) Lifestyle modification education. ``(5) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (M); (ii) by adding ``and'' at the end of subparagraph (N); and (iii) by adding at the end the following new subparagraph: ``(O) in the case of additional primary care and preventive services, which are performed more frequently than the Secretary may specify;''. (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) is amended by inserting ``or additional primary care or preventive services (as defined in section 1861(ccc))'' after ``(jj))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) additional primary care and preventive services (as defined in section 1861(ccc)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, with regard to whether regulations to implement such amendments are in effect as of such date.

Bodegas as Catalysts for Healthy Living Act - Directs the Administrator of the Small Business Administration to make grants to local organizations that represent small business concerns and local redevelopment agencies to assist: (1) independently owned and operated small businesses, such as bodegas and corner stores, in expanding their inventories to include fresh fruits and vegetables and healthy alternatives (as defined by the Department of Agriculture); and (2) community-based organizations, such as community health centers, in carrying out consumer outreach and education programs to encourage the purchase of fresh fruits, vegetables, and healthy alternatives and to inform communities about health risks and the benefits of healthy living. Requires small businesses and community-based organizations to collaborate in carrying out the purposes of this Act. Limits grant amounts to $100,000. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education.

SECTION 1. FINDINGS. Congress finds the following: (1) According to a 2003 Government Accountability Office report, even after accounting for factors such as occupation, industry, race, marital status, job tenure, and differing work patterns, all of which affect earnings, women are paid, on average, 80 cents compared to every dollar that men are paid. (2) According to the same report, the earnings gap between men and women has persisted without statistically significant changes for the past two decades. (3) According to a 2001 report by the Bureau of Labor Statistics, the earnings gap among working men and women is widest among parents. (4) Some women choose to trade advancing in their careers or higher earnings for a job offering the flexibility to manage family responsibilities alongside work. (5) According to a 2001 Government Accountability Office study, in 1995 and 2000, female full-time managers earned less than their male counterparts. (6) According to the same study, in 7 of the 10 industries studied, the earnings gap between female and male full-time managers actually widened between 1995 and 2000. (7) Women make up 46 percent of the workforce but represent just 12 percent of all corporate officers. (8) A reason for the continuing earnings disparity might be discrimination as to which roles are considered acceptable for men and women and how women are viewed in the workplace. (9) According to the February 2004 Monthly Labor Review of the Bureau of Labor Statistics, the Department of Labor projects that the United States work force is growing at a rate of 1 percent per year, in part due to the continually increased presence of women. SEC. 2. CENTER FOR THE STUDY OF WOMEN AND WORKPLACE POLICY. (a) Establishment.--The Secretary of Labor shall make a grant to an eligible university to establish the ``Center for the Study of Women and Workplace Policy'' (referred to in this Act as the ``Center''). (b) Use of Funds.-- (1) Compilation and analysis of data.--The Center established under subsection (a) shall compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings. (2) Dissemination of findings.--The Center shall-- (A) disseminate its findings annually to the public, using a website and any other appropriate means; and (B) maintain a website to serve as a clearinghouse for the data and findings of relevant recent studies. (3) Best practices guides.--Each year, the Center shall publish one best practices guide, as follows: (A) Best practices guide for businesses.--Not later than one year after the Center is established under subsection (a), the Center shall publish a best practices guide for businesses containing recommended guidelines for-- (i) workplace equity; (ii) retaining women in the workplace; and (iii) promoting a family-friendly workplace. (B) Best practices guide for families.--Not later than one year after the publication of the best practices guide for businesses under subparagraph (A), the Center shall publish a best practices guide for families, containing information about-- (i) the policies of various employers relating to workplace equity, retaining women in the workplace, and promoting a family- friendly workplace; (ii) strategies for addressing inequity in the workplace; and (iii) recent findings on inequity in the workplace. (C) Subsequent editions.--The Center shall update, revise, and publish a subsequent edition of each of the best practices guides under subparagraphs (A) and (B) once every two years after the initial publication of each guide. (c) Eligible University.--In this Act, the term ``eligible university'' means a public university-- (1) with a school of public policy, a school of business, a center devoted to the education of women, and social research facilities; (2) at which research is conducted on-- (A) gender differences and levels of achievement in the careers of faculty members employed by institutions of higher education; (B) work experiences of non-tenure-track faculty members employed by such institutions; (C) policies of such institutions with respect to work and family for tenure-track faculty members; and (D) the number of women employed as chief executive officers and directors at large publicly-held companies; and (3) which has designed or is in the process of designing a national clearinghouse for information concerning gender differences and levels of achievement in the careers of faculty members and work and family policies and issues affecting faculty members which includes citations to research and examples of relevant policies and practices. (d) Report.--Not later than 12 months after receiving a grant under this Act, the recipient shall submit to the Secretary and to Congress a report documenting how the university used the grant funds and evaluating the level of success of the Center funded by the grant. (e) Amount of Grant.--For each of fiscal years 2006 through 2010, the Secretary shall provide a grant in the amount of $1,000,000 to an eligible university to carry out this Act.

Directs the Secretary of Labor to make a grant, to a public university with specified characteristics, to establish the Center for the Study of Women and Workplace Policy. Requires the Center to: (1) compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings; and (2) disseminate findings, maintain a website as a clearinghouse, and publish an annual best practices guide.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage and Rental Disaster Relief Act of 2007''. SEC. 2. DISASTER RELIEF. Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: ``(5) Temporary mortgage and rental payments.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `adjusted gross income' means the adjusted gross income (as that term is defined in section 62 of the Internal Revenue Code of 1986) of the relevant individual or household for the last taxable year that such individual or household filed a tax return; and ``(ii) the term `financial hardship caused by a major disaster' means that an individual or member of a household-- ``(I) is employed by a business, or owns a business, located in the area for which the President declared the relevant major disaster; ``(II) became unemployed, or lost significant income, because the employer or business of that individual or member of a household has or, on the day before the date of the relevant major disaster, had a significant business relationship with a business located in the area for which the President declared the relevant major disaster; or ``(III) resides in the area for which the President declared the relevant major disaster and has suffered financially due to travel restrictions or station or road closures in effect after the date of that major disaster. ``(B) Authorization.--In accordance with this paragraph, the President may provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into before such major disaster. ``(C) Eligibility.-- ``(i) Income.-- ``(I) In general.--Except as provided in subclause (II), an individual or household may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $75,000. ``(II) Areas with a high cost of living.--An individual or household that, on the day before the date of the relevant major disaster, resided in an area with a high cost of living, as determined by the President, may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $100,000. ``(ii) Adjustment.--The President shall adjust the limits established under clause (i) annually to reflect inflation. ``(D) Period of assistance.--Assistance under this paragraph shall be provided for the duration of the period of financial hardship caused by a major disaster, not to exceed 18 months. ``(E) Procedures.-- ``(i) In general.--An individual or household seeking assistance under this paragraph shall submit an application in such manner and accompanied by such information as the President shall establish, which shall include a requirement that such an individual or household sign a statement indicating that individual or household meets the eligibility requirements under subparagraph (C). ``(ii) Lack of records.--If an individual or household does not have access to records necessary to demonstrate eligibility under subparagraph (C), that individual or household shall submit such records not later than 6 months after the date that individual or household applies for assistance under this paragraph. ``(iii) Ineligible recipients.--If an individual or household receives assistance under this paragraph and was not eligible to receive such assistance, that individual or household shall return the full amount of that assistance to the Government.''. SEC. 3. APPLICABILITY. The amendment made by this Act shall apply to any major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared on or after October 21, 2007.

Mortgage and Rental Disaster Relief Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide temporary assistance in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence because of a foreclosure of mortgage or lien, cancellation of sales contract, or lease termination, entered into before such disaster. Defines such a "financial hardship" to include: (1) the loss of employment or significant income because a job, a business, or a business interest was located in a disaster area; or (2) suffering financially because of travel restrictions or station or road closures affecting residents of such area. Restricts eligibility for such assistance to individuals or households who have an adjusted gross income of not more than $75,000 ($100,000 for individuals or households who resided in an area with a high cost of living). Directs the President to adjust the limits annually to reflect inflation. Allows assistance to be provided for the duration of the period of financial hardship caused by the disaster, not to exceed 18 months. Requires recipients determined to be ineligible to return the full amount of assistance to the government. Makes this Act applicable to any major disaster declared on or after October 21, 2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Smog Reduction Act of 1998''. SEC. 2. AMENDMENT OF CLEAN AIR ACT. Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by adding at the end the following: ``(h) Vehicles Entering Ozone Nonattainment Areas.-- ``(1) Authority regarding ozone inspection and maintenance testing.-- ``(A) In general.--No noncommercial motor vehicle registered in a foreign country and operated by a United States citizen or by an alien who is a permanent resident of the United States, or who holds a visa for the purposes of employment or educational study in the United States, may enter a covered ozone nonattainment area from a foreign country bordering the United States and contiguous to the nonattainment area more than twice in a single calendar-month period, if State law has requirements for the inspection and maintenance of such vehicles under the applicable implementation plan in the nonattainment area. ``(B) Applicability.--Subparagraph (A) shall not apply if the operator presents documentation at the United States border entry point establishing that the vehicle has complied with such inspection and maintenance requirements as are in effect and are applicable to motor vehicles of the same type and model year. ``(2) Sanctions for violations.--The President may impose and collect from the operator of any motor vehicle who violates, or attempts to violate, paragraph (1) a civil penalty of not more than $200 for the second violation or attempted violation and $400 for the third and each subsequent violation or attempted violation. ``(3) State election.--The prohibition set forth in paragraph (1) shall not apply in any State that elects to be exempt from the prohibition. Such an election shall take effect upon the President's receipt of written notice from the Governor of the State notifying the President of such election. ``(4) Alternative approach.--The prohibition set forth in paragraph (1) shall not apply in a State, and the President may implement an alternative approach, if-- ``(A) the Governor of the State submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered motor vehicles, with the motor vehicle inspection and maintenance requirements that are-- ``(i) related to emissions of air pollutants; ``(ii) in effect under the applicable implementation plan in the covered ozone nonattainment area; and ``(iii) applicable to motor vehicles of the same types and model years as the foreign-registered motor vehicles; and ``(B) the President approves the alternative approach as facilitating compliance with the motor vehicle inspection and maintenance requirements referred to in subparagraph (A). ``(5) Definition of covered ozone nonattainment area.--In this section, the term `covered ozone nonattainment area' means a Serious Area, as classified under section 181 as of the date of the enactment of this subsection.''. SEC. 3. GENERAL PROVISIONS. (a) In General.--The amendment made by section 2 takes effect 180 days after the date of the enactment of this Act. Nothing in that amendment shall require action that is inconsistent with the obligations of the United States under any international agreement. (b) Information.--As soon as practicable after the date of the enactment of this Act, the appropriate agency of the United States shall distribute information to publicize the prohibition set forth in the amendment made by section 2. SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE. (a) In General.--The Comptroller General of the United States shall conduct a study of the impact of the amendment made by section 2. (b) Contents of Study.--The study under subsection (a) shall compare-- (1) the potential impact of the amendment made by section 2 on air quality in ozone nonattainment areas affected by the amendment; with (2) the impact on air quality in those areas caused by the increase in the number of vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement. (c) Report.--Not later than July 1, 1999, the Comptroller General of the United States shall submit to the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the findings of the study under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.

SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES. The second sentence of subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415), is amended-- (1) by inserting ``lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,'' after ``lands held in trust for the Cahuilla Band of Indians of California,''; and (2) by inserting ``the Cabazon Indian Reservation,'' after ``the Navajo Reservation,''. SEC. 2. GRAND RONDE RESERVATION ACT. Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended-- (1) by striking ``10,120.68 acres of land'' and inserting ``10,311.60 acres of land''; and (2) in the table contained in that subsection, by striking all after ``4 7 30 Lots 3, 4, SW\1/4\NE\1/4\, SE\1/ 240'' 4\NW\1/4\, E\1/2\SW\1/4\; through the end of the table, and inserting the following: ``6 8 1 N\1/2\SW\1/4\ 29.59 6 8 12 W\1/2\SW\1/4\NE\1/4\, SE\1/4\SW\1/ 21.70 4\NE\1/4\NW\1/4\, N\1/2\SE\1/ 4\NW\1/4\, N\1/2\SW\1/4\SW\1/ 4\SE\1/4\ 6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31 6 7 7 E\1/2\E\1/2\ 57.60 6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/ 22.46 4\ 6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/ 10.84 4\ 6 7 18 E\1/2\NE\1/4\ 43.42 ------------ Total 10,311.60'' SEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT. Section 3711(b) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 Stat. 4752) is amended by striking ``subsections (c) and (d) of section 3704'' inserting ``section 3704(d)''. SEC. 4. YUROK SETTLEMENT RECOGNITION. Section 4 of Public Law 98-458 (25 U.S.C. 1407) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by inserting ``or'' at the end; and (3) by inserting after paragraph (3) the following: ``(4) are distributed pursuant to-- ``(A) the judgment of the United States Claims Court (which was subsequently reorganized as the United States Court of Federal Claims) in Jesse Short et al. v. United States, 486 F2d. 561 (Ct. Cl. 1973); or ``(B) any other judgment of the United States Court of Federal Claims in favor of 1 or more individual Indians,''. SEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EXPENDITURE AUTHORIZATION. Notwithstanding any other provision of law, any funds that were provided to the Ponca Tribe of Nebraska for any of the fiscal years 1992 through 1998 pursuant to a self-determination contract with the Secretary of Health and Human Services that the Ponca Tribe of Nebraska entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) that were retained by the Ponca Tribe of Nebraska to carry out programs and functions of the Indian Health Service may be used by the Ponca Tribe of Nebraska to purchase or build facilities for the health services programs of the Ponca Tribe of Nebraska. SEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT. Section 12 of the Navajo-Hopi Land Dispute Settlement Act (Public Law 104-301; 110 Stat. 3653) is amended-- (1) in subsection (a)(1)(C), in the first sentence, by inserting ``of surface water'' after ``on such lands''; and (2) in subsection (b), striking ``subsection (a)(3)'' both places it appears and inserting ``subsection (a)(1)(C)''. SEC. 7. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS. (a) In General.--The Secretary of the Interior shall take such action as may be necessary to extend the terms of the projects referred to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) so that the term of each such project expires on October 1, 2002. (b) Amendment to Indian Health Care Improvement Act.--Section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended by adding at the end the following: ``(c) In addition to the amounts made available under section 514 to carry out this section through fiscal year 2000, there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2001 and 2002.''. SEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS RESERVATION ACT. Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act (Public Law 98-481, 98 Stat. 2253) is amended by adding at the end the following: ``(4) In Lane County, Oregon, a parcel described as beginning at the common corner to sections 23, 24, 25, and 26 township 18 south, range 12 west, Willamette Meridian; then west 25 links; then north 2 chains and 50 links; then east 25 links to a point on the section line between sections 23 and 24; then south 2 chains and 50 links to the place of origin, and containing .062 of an acre, more or less, situated and lying in section 23, township 18 south, range 12 west, of Willamette Meridian.''. SEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT. Section 2(b) of the Hoopa Valley Reservation South Boundary Adjustment Act (25 U.S.C. 1300i-1 note) is amended-- (1) by striking ``north 72 degrees 30 minutes east'' and inserting ``north 73 degrees 50 minutes east''; and (2) by striking ``south 15 degrees 59 minutes east'' and inserting ``south 14 degrees 36 minutes east''. SEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON. Section 2 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of Siletz Indians of Oregon'', approved September 4, 1980 (94 Stat. 1073 and 1074), is amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) Subject to the express limitations under sections 4 and 5, for purposes of determining eligibility for Federal assistance programs, the service area of the Confederated Tribes of the Siletz Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in Oregon.''. SEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT. Section 111 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2665) is amended-- (1) by striking ``The eligibility'' and inserting the following: ``(b) Treatment of Funds for Purposes of Certain Federal Programs and Benefits.--The eligibility''; and (2) by inserting before subsection (b), as designated by paragraph (1) of this section, the following: ``(a) Treatment of Funds for Purposes of Income Taxes.--None of the funds distributed pursuant to this Act, or pursuant to any plan approved in accordance with this Act, shall be subject to Federal or State income taxes.''. SEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Authorization.--Section 711(h) of the Indian Health Care Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``for each'' and all that follows through ``2000,'' and inserting ``for each of fiscal years 1996 through 2000,''. (b) Reference.--Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-Determination and Education Assistance Act of 1975'' and inserting ``Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''. SEC. 13. TRANSFER OF WATER RIGHTS. The Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237 et seq.) is amended by adding at the end the following: ``SEC. 12. TRANSFER OF WATER RIGHTS. ``(a) In General.--In accordance with the requirements of section 2116 of the Revised Statutes (25 U.S.C. 177), the transfer of water rights set forth in paragraph (5) of the stipulation and settlement agreement between the Jicarilla Apache Tribe and other parties to the case referred to in section 8(e)(1)(B)(ii), that was executed on October 7, 1997, is approved. ``(b) Effective Date.--The approval under subsection (a) shall become effective on the date of entry of a partial final decree by the court for the case referred to in that subsection that quantifies the reserved water rights claims of the Jicarilla Apache Tribe.''. SEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM. (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(a)(1)) is amended by striking ``meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), (3), and (4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b))''. (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(b)(1)) is amended-- (1) in subparagraph (A), by inserting ``identified in the Native Hawaiian comprehensive health care master plan implemented under section 4'' after ``health care professional''; (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (3) by inserting after subparagraph (A) the following: ``(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under section 12(8),''; (4) by striking subparagraph (D), as redesignated, and inserting the following: ``(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of scholarship recipient, in an order of priority that would provide for practice-- ``(i) first, in any 1 of the 5 Native Hawaiian health care systems, and ``(ii) second, in-- ``(I) a health professional shortage area or medically underserved area located in the State of Hawaii, or ``(II) geographic area or facility that is-- ``(aa) located in the State of Hawaii, and ``(bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service,''; (5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and (6) by adding at the end the following: ``(F) the obligated service of a scholarship recipient shall not be performed by the recipient through membership in the National Health Service Corps, and ``(G) the requirements of sections 331 through 338 of the Public Health Service Act (42 U.S.C. 254d through 254k), section 338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of that section, and section 338D of that Act (42 U.S.C. 254n) applicable to scholarship assistance provided under section 338A of that Act (42 U.S.C. 254l) shall not apply to the scholarship assistance provided under subsection (a) of this section.''.

Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chickasaw National Recreation Area Land Exchange Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655-56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2) In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3) More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4) The Chickasaw National Recreation Area's Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area's existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5) The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6) The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7) The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102-26 to the Chickasaw Nation by Warranty Deed. (8) The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange for the purpose of the construction of a cultural center. (b) Purpose.--The purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance in accordance with the terms and conditions of this Act. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Federal land.--The term ``Federal land'' means the Chickasaw National Recreational Area lands and interests therein, identified as Tract 102-25 on the Map. (2) Non-federal land.--The term ``non-Federal land'' means the lands and interests therein, formerly owned by the City of Sulphur, Oklahoma, and currently owned by the Chickasaw Nation, located adjacent to the existing boundary of Chickasaw National Recreation Area and identified as Tract 102-26 on the Map. (3) Map.--The term ``Map'' means the map entitled ``Proposed Land Exchange and Boundary Revision, Chickasaw National Recreation Area'', dated September 8, 2003, and numbered 107/800035a. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE. (a) Land Conveyance.--Not later then 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall convey all right, title, and interest in and to the Federal land to the Chickasaw Nation. (b) Valuation of Land to Be Conveyed.--The fair market values of the Federal land and non-Federal land shall be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. The appraisal shall conform with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference, 1992, and any amendments to these standards. (c) Equalization of Values.--If the fair market values of the Federal land and non-Federal land are not equal, the values may be equalized by the payment of a cash equalization payment by the Secretary or the Chickasaw Nation, as appropriate. (d) Conditions.-- (1) In general.--Notwithstanding subsection (a), the conveyance of the non-Federal land authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, except as provided in paragraph (2). (2) Exception.--The item included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, providing for the Federal land to be taken into trust for the benefit of the Chickasaw Nation shall not apply. (e) Administration of Acquired Land.--Upon completion of the land exchange authorized under subsection (a), the Secretary-- (1) shall revise the boundary of Chickasaw National Recreation Area to reflect that exchange; and (2) shall administer the land acquired by the United States in accordance with applicable laws and regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Chickasaw National Recreation Area Land Exchange Act of 2004 - Directs the Secretary of the Interior, not later than six months after the Chickasaw Nation conveys all interest in specified non-Federal land (formerly owned by the City of Sulphur, Oklahoma, located adjacent to the existing boundary of the Chickasaw National Recreation Area), to take specified Federal land (in that Area) into trust for the benefit of the Chickasaw Nation. Requires that the value of the Federal and non-Federal land be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. Directs that if the values of the lands are not equal they may be equalized through a cash equalization payment by the Secretary or the Chickasaw Nation. Conditions the land conveyance on the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, but makes inapplicable the item providing that the Federal land be taken into trust for the benefit of the Chickasaw Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Electronic Theft (NET) Act''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain, or ``(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking ``three'' and inserting ``5''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (a) of this section'' and inserting ``section 506(a)(1) of title 17''; and (B) in paragraph (1)-- (i) by inserting ``including by electronic means,'' after ``if the offense consists of the reproduction or distribution,''; and (ii) by striking ``with a retail value of more than $2,500'' and inserting ``which have a total retail value of more than $2,500''; and (3) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code-- ``(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more; ``(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and ``(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000. ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.--(1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed. SEC. 3. INFRINGEMENT BY UNITED STATES. Section 1498(b) of title 28, United States Code, is amended by striking ``remedy of the owner of such copyright shall be by action'' and inserting ``action which may be brought for such infringement shall be an action by the copyright owner''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

No Electronic Theft (NET) Act - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Tax Credit Act of 2007''. SEC. 2. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended-- (1) by redesignating section 36 as section 37, and (2) by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year, an amount equal to 50 percent of so much of the qualified elementary and secondary education expenses and qualified professional development expenses paid or incurred by such eligible teacher during the taxable year as does not exceed $300. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards. ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)), as in effect on the date of the enactment of this section. ``(4) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(c) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which a credit is allowed under this section. ``(d) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: ``Sec. 36. Credit for education expenses of elementary and secondary school teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Teacher Tax Credit Act of 2007 - Amends the Internal Revenue Code to allow elementary and secondary school (K-12) teachers a tax credit for 50% of their education expenses (books, supplies, computer equipment, and supplementary materials) and their professional development expenses up to $300 in any taxable year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2000''. SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN. (a) Strategic Plan.--The Secretary of Energy shall develop, and transmit to the Congress within 1 year after the date of the enactment of this Act, a strategic plan to ensure that the United States is energy self-sufficient by the year 2010. The plan shall include recommendations for legislative and regulatory actions needed to accomplish that goal. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $20,000,000 for carrying out this section. SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM. (a) Program.--The Secretary of Energy shall establish a program for the acquisition of-- (1) up to 100 commercially available 200 kilowatt fuel cell power plants; (2) up to 20 megawatts of power generated from commercially available fuel cell power plants; or (3) a combination thereof, for use at federally owned or operated facilities. The Secretary shall provide funding for purchase, site engineering, installation, startup, training, operation, and maintenance costs associated with the acquisition of such power plants, along with any other necessary assistance. (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under subsection (a) shall be assembled in the United States. (c) Site Selection.--In the selection of federally owned or operated facilities as a site for the location of power plants acquired under this section, or as a site to receive power acquired under this section, priority shall be given to sites with 1 or more of the following attributes: (1) Location (of the Federal facility or the generating power plant) in an area classified as a nonattainment area under title I of the Clean Air Act. (2) Computer or electronic operations that are sensitive to power supply disruptions. (3) Need for a reliable, uninterrupted power supply. (4) Remote location, or other factors requiring off-grid power generation. (5) Critical manufacturing or other activities that support national security efforts. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $140,000,000 for the period encompassing fiscal years 2001 through 2003 for carrying out this section. SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS. (a) In General.-- (1) Establishment.--The President, in coordination with the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Housing and Urban Development, shall establish a program for the demonstration of fuel cell proton exchange membrane technology in the areas of responsibility of those Secretaries with respect to commercial, residential, and transportation applications, including buses. Such program shall specifically focus on promoting the application of and improved manufacturing production and processes for proton exchange membrane fuel cell technology. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $140,000,000 for the period encompassing fiscal years 2001 through 2003. (b) Bus Demonstration Program.-- (1) Establishment.--The President, in coordination with the Secretary of Energy and the Secretary of Transportation, shall establish a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Such program shall cover all aspects of the introduction of this new technology, and shall include the following components: (A) Development, installation, and operation of a hydrogen delivery system located on-site at transit bus terminals. (B) Development, installation, and operation of on- site storage associated with the hydrogen delivery systems as well as storage tank systems incorporated into the bus itself. (C) Demonstration of use of hydrogen as a practical, safe, renewable energy source in a highly efficient, zero-emission power system for buses. (D) Development of a hydrogen proton exchange membrane fuel cell power system that is confirmed and verified as being compatible with transit bus application requirements. (E) Durability testing of the fuel cell bus at a national testing facility. (F) Identification and implementation of necessary codes and standards for the safe use of hydrogen as a fuel suitable for bus application, including the fuel cell power system and related operational facilities. (G) Identification and implementation of maintenance and overhaul requirements for hydrogen proton exchange membrane fuel cell transit buses. (H) Completion of fleet vehicle evaluation program by bus operators along normal transit routes, providing equipment manufacturers and transit operators with the necessary analyses to enable operation of the hydrogen proton exchange membrane fuel cell bus under a range of operating environments. (2) Domestic assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under paragraph (1) shall be assembled in the United States. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $150,000,000 for the period encompassing fiscal years 2001 through 2003. SEC. 5. FEDERAL VEHICLES. Each agency of the Federal Government that maintains a fleet of motor vehicles shall develop a plan for a transition of the fleet to vehicles powered by fuel cell technology. Each such plan shall include implementation beginning by fiscal year 2005, to be completed by fiscal year 2010. Each plan shall incorporate and build on the results of completed and ongoing Federal demonstration programs, including the program established under section 4, and shall include additional demonstration programs and pilot programs as necessary to test or investigate available technologies and transition procedures. SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS. Any life-cycle cost benefit analysis undertaken by a Federal agency with respect to investments in products, services, construction, and other projects shall include an analysis of environmental and power reliability factors. SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES. (a) Grant Program.--The Secretary of Energy shall establish a program for making grants to State or local governments for the use of fuel cell technology in meeting their energy requirements, including the use as a source of power for motor vehicles. Each grant made under this section shall require at least a 10 percent matching contribution from the State or local government recipient. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $110,000,000 for each of the fiscal years 2001 through 2005 for carrying out this section.

Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Fairness Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that States should have the ability to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and the right to collect--or decide not to collect--taxes that are already owed under State law. SEC. 3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Streamlined Sales and Use Tax Agreement.--Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for a small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative.-- (1) In general.--A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements minimum simplification requirements. Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State enacts legislation to implement each of the following minimum simplification requirements: (A) Provide-- (i) a single State-level agency to administer all sales and use tax laws, including the collection and administration of all State and applicable locality sales and use taxes for all sales sourced to the State made by remote sellers, (ii) a single audit for all State and local taxing jurisdictions within that State, and (iii) a single sales and use tax return to be used by remote sellers and single and consolidated providers and to be filed with the State-level agency. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State. (C) Require remote sellers and single and consolidated providers to collect sales and use taxes pursuant to the applicable destination rate, which is the sum of the applicable State rate and any applicable rate for the local jurisdiction into which the sale is made. (D) Provide-- (i) adequate software and services to remote sellers and single and consolidated providers that identifies the applicable destination rate, including the State and local sales tax rate (if any), to be applied on sales sourced to the State, and (ii) certification procedures for both single providers and consolidated providers to make software and services available to remote sellers, and hold such providers harmless for any errors or omissions as a result of relying on information provided by the State. (E) Hold remote sellers using a single or consolidated provider harmless for any errors and omissions by that provider. (F) Relieve remote sellers from liability to the State or locality for collection of the incorrect amount of sales or use tax, including any penalties or interest, if collection of the improper amount is the result of relying on information provided by the State. (G) Provide remote sellers and single and consolidated providers with 30 days notice of a rate change by any locality in the State. (2) Treatment of local rate changes.--For purposes of this subsection, local rate changes may only be effective on the first day of a calendar quarter. Failure to provide notice under paragraph (1)(G) shall require the State and locality to hold the remote seller or single or consolidated provider harmless for collecting tax at the immediately preceding effective rate during the 30-day period. Each State must provide updated rate information as part of the software and services required by paragraph (1)(D). (c) Small Seller Exception.--A State shall be authorized to require a remote seller, or a single or consolidated provider acting on behalf of a remote seller, to collect sales or use tax under this Act if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $500,000. For purposes of determining whether the threshold in this subsection is met, the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated. SEC. 4. TERMINATION OF AUTHORITY. The authority granted by this Act shall terminate on the date that the highest court of competent jurisdiction makes a final determination that the State no longer meets the requirements of this Act, and the determination of such court is no longer subject to appeal. SEC. 5. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes, (2) affecting the application of such taxes, or (3) enlarging or reducing State authority to impose such taxes. (b) No Effect on Nexus.--No obligation imposed by virtue of the authority granted by this Act shall be considered in determining whether a seller or any other person has a nexus with any State for any tax purpose other than sales and use taxes. (c) Licensing and Regulatory Requirements.--Other than the limitation set forth in subsection (a), and section 3, nothing in this Act shall be construed as permitting or prohibiting a State from-- (1) licensing or regulating any person, (2) requiring any person to qualify to transact intrastate business, (3) subjecting any person to State taxes not related to the sale of goods or services, or (4) exercising authority over matters of interstate commerce. (d) No New Taxes.--Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) Intrastate Sales.--The provisions of this Act shall only apply to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 3(a) shall comply with the intrastate provisions of the Streamlined Sales and Use Tax Agreement. SEC. 6. DEFINITIONS AND SPECIAL RULES. In this Act: (1) Consolidated provider.--The term ``consolidated provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers on an aggregated basis. (2) Locality; local.--The terms ``locality'' and ``local'' refer to any political subdivision of a State. (3) Member state.--The term ``Member State''-- (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act, and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale.--The term ``remote sale'' means a sale of goods or services attributed to a State with respect to which a seller does not have adequate physical presence to establish nexus under Quill Corp. v. North Dakota, 504 U.S. 298 (1992). (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales. (7) Single provider.--The term ``single provider'' means any person certified by a State who has the rights and responsibilities for sales and use tax administration, collection, remittance, and audits for transactions serviced or processed for the sale of goods or services made by remote sellers. (8) Sourced.--For purposes of a State granted authority under section 3(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 3(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (9) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (10) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' means the multi- State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. SEC. 7. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Marketplace Fairness Act - Expresses the sense of Congress that states should be able to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and to collect, or decide not to collect, taxes that are owed under state law. Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (sellers with annual gross receipts in total U.S. remote sales of less than $500,000) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus with the state. Allows a state that is not a member state under the Agreement to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to such state if the state adopts and implements certain minimum simplification requirements, including: (1) providing a single state agency to administer all sales and use taxes, (2) establishing a uniform sales and use tax base, (3) relieving remote sellers from liability to the state or a locality for collection of the incorrect amount of sales or use tax based on information provided by the state, and (4) providing remote sellers 30 days' notice of a tax rate change by any locality in the state.

SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF 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 section: ``Sec. 714. Recoupment of bonuses or awards paid to employees of Department ``(a) Recoupment.--Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if-- ``(1) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and ``(2) the employee is afforded notice and an opportunity for a hearing conducted by the Secretary. ``(b) Review.--The decision of the Secretary regarding a repayment by an employee pursuant to subsection (a) is final and may not be reviewed by any other agency or any court.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``714. Recoupment of bonuses or awards paid to employees of Department.''. (c) Effective Date.--Section 714 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs before, on, or after the date of the enactment of this Act. (d) Construction.--Nothing in this Act or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department of Veterans Affairs. SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. (a) In General.--Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following new subsection (l): ``(l) Limitations on Subcontracting.--(1)(A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by a veteran with a service- connected disability or a small business concern owned and controlled by a veteran that is awarded a contract that is counted for purposes of meeting the goals under subsection (a). ``(B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term `similarly situated entity' used in such section 46 includes a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A). ``(2) Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall-- ``(A) specify the exact performance requirements applicable under such paragraph; and ``(B) explicitly acknowledge that the certification is subject to section 1001 of title 18. ``(3) If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in-- ``(A) section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and ``(B) section 1001 of title 18. ``(4)(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other systems available, to monitor compliance with this subsection. The Director and the Chief Acquisition Officer shall jointly refer any violations of this subsection to the Inspector General of the Department. ``(B) Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report-- ``(i) the number of referred violations received under subparagraph (A); and ``(ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.''. (b) Effective Date.--Subsection (l) of section 8127 of title 38, United States Code, as added by subsection (a) shall apply with respect to a contract entered into after the date of the enactment of this Act. SEC. 3. REVIEW OF LISTS OF FORMER PRISONERS OF WAR. (a) Review of Lists of Prisoners of War.--The Secretary of Veterans Affairs shall review the VA POW list and the DOD POW list to identify any discrepancies in such lists. (b) Inspector General Review of Process.--The Inspector General of the Department of Veterans Affairs shall review the process by which the Secretary determines that a veteran is a former prisoner of war, including whether the Secretary is following guidelines established by the Secretary to determine that a veteran is a former prisoner of war. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the VA POW list, including the following: (1) Any discrepancies, by period of conflict, in the number of prisoners of war included on the VA POW list and the DOD POW list. (2) With respect to veterans included on the VA POW list who are not included on the DOD POW list, information regarding how such determinations were made, including what types of evidence were used, in a manner that does not personally identify such veterans. (3) The results of the review of the Inspector General under subsection (b), without change. (d) Definitions.--In this section: (1) The term ``DOD POW list'' means the list maintained by the Secretary of Defense, acting through the Defense Prisoner of War/Missing Personnel Office, of members of the Armed Forces who were prisoners of war. (2) The term ``VA POW list'' means the list maintained by the Secretary of Veterans Affairs of veterans whom the Secretary determines are former prisoners of war. SEC. 4. LIMITATION ON EXPANSION OF DIALYSIS PILOT PROGRAM. (a) Limitation.--The Secretary of Veterans Affairs shall not expand the dialysis pilot program or create any new dialysis capability provided by the Department of Veterans Affairs in any facility that is not an initial facility until after the date that-- (1) the Secretary has implemented the dialysis pilot program at each initial facility for a period of not less than two years; (2) an independent analysis of the dialysis pilot program has been conducted at each initial facility; and (3) the report required by subsection (b) has been submitted. (b) Report.--Not later than 60 days after the date of the completion of the independent analysis required by subsection (a)(2), the Secretary shall submit to Congress a report that-- (1) includes the results of that independent analysis, including a comparison of not only cost but non-cost factors such as access to care, quality of care, and Veteran satisfaction; and (2) addresses any recommendations with respect to the dialysis pilot program provided in a report prepared by the Government Accountability Office. (c) Use of Existing Dialysis Resources.--In order to increase the access of veterans to dialysis care and decrease the amount of time such veterans are required to travel to receive such care, the Secretary shall fully use the dialysis resources of the Department that exist as of the date of the enactment of this Act, including any community dialysis provider with which the Secretary has entered into a contract or agreement for the provision of such care. (d) Definitions.--In this section: (1) The term ``dialysis pilot program'' means the pilot demonstration program established by the Secretary in 2009 to provide dialysis care to patients at certain outpatient facilities operated by the Department of Veterans Affairs. (2) The term ``initial facility'' means one of the four outpatient facilities identified by the Secretary to participate in the dialysis pilot program prior to the date of the enactment of this Act. Amend the title so as to read: ``A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs, and for other purposes.''.

(Sec. 1) Authorizes the Secretary of Veterans Affairs (VA) to issue an order directing a VA employee to repay the amount, or a portion of the amount, of an award or bonus paid to the employee if: (1) the Secretary determines that such repayment is appropriate, and (2) the employee is afforded notice and an opportunity for a hearing. Makes the Secretary's repayment decisions final and unreviewable by any other agency or any court. (Sec. 2) Extends subcontracting limitations that apply to certain small businesses awarded contracts under various Small Business Administration (SBA) programs to small business concerns owned and controlled by veterans with or without service-connected disabilities who are awarded VA contracts. Requires, for purposes of applying such subcontracting limitations to veterans with small businesses awarded such VA contracts, that: (1) small businesses owned and controlled by veterans be treated in the same manner as small businesses owned and controlled by veterans with service-connected disabilities, and (2) "similarly situated entities" include subcontractors for small businesses owned and controlled by a veteran with or without a service-connected disability (contract amounts expended by small businesses on subcontractors that are similarly situated entities are not considered toward subcontracting limits). Directs the Secretary, before awarding such a contract, to obtain a certification from the offeror: (1) specifying and promising to comply with the subcontracting performance requirements applicable to such offeror, and (2) acknowledging that the certification is subject to criminal laws concerning false or fraudulent statements or representations. Subjects small businesses to fines, imprisonment, or both for not acting in good faith. Requires the VA's Director of the Office of Small and Disadvantaged Business Utilization and the VA's Chief Acquisition Officer to: (1) establish a process to monitor the subcontracting requirement compliance of veterans' small businesses that are awarded VA contracts, and (2) refer violations to the VA's Inspector General. Directs the Inspector General to submit annual reports to Congress regarding such violations. (Sec. 3) Requires: (1) the Secretary to review the prisoner of war (POW) lists of the VA and the Department of Defense to identify any discrepancies; and (2) the VA's Inspector General to review the process by which the Secretary determines that a veteran is a former prisoner of war. Requires the Secretary to report to Congress on the VA's POW list, including information on: (1) such discrepancies, and (2) the results of the Inspector General's review. (Sec. 4) Prohibits the Secretary from expanding the dialysis pilot program (established by the Secretary in 2009 to provide dialysis care to patients at certain VA outpatient facilities) or creating any new VA dialysis capability in any facility other than an initial facility (one of four outpatient facilities the Secretary identified to participate in the program) until after: the Secretary has implemented the pilot program at each initial facility for at least two years, an independent analysis of the program has been conducted at each initial facility, and the Secretary has submitted a report on such analysis to Congress. Requires the Secretary, in order to increase veterans' access to dialysis care and decrease the travel time required to receive such care, to fully use existing VA dialysis resources, including any community dialysis provider with which the Secretary has entered into a contract or agreement to provide such care.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Energy Laboratory Modernization and Technology Transfer Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Technology transfer and transitions assessment. Sec. 102. Sense of Congress. Sec. 103. Nuclear energy innovation. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' means a Department of Energy nonmilitary national laboratory, including-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include-- (1) an assessment of the Department's current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the Department's ability to successfully transfer new energy technologies to the private sector. SEC. 102. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. SEC. 103. NUCLEAR ENERGY INNOVATION. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at Department-owned sites. For purposes of this report, the Secretary shall consider the Department's capabilities to facilitate privately- funded prototypes up to 20 megawatts thermal output. The report shall address the following: (1) The Department's safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk. (3) The Department's and National Laboratories' existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department's available contractual mechanisms, including cooperative research and development agreements, work for others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors up to 2 gigawatts of thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended until October 31, 2017. (g) Reports.-- (1) Overall assessment.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency.--The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000, if such an agreement falls within the scope of-- (1) a strategic plan for the National Laboratory that has been approved by the Department; or (2) the most recent Congressionally approved budget for Department activities to be carried out by the National Laboratory. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--Within 30 days of entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Exception.--This section does not apply to any agreement with a majority foreign-owned company. (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2015, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.''. SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department's efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. Passed the House of Representatives May 19, 2015. Attest: KAREN L. HAAS, Clerk.

Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Amendments Act of 1994''. SEC. 2. AMENDMENT OF 1983 ACT. That the portion of the United States Commission on Civil Rights Act of 1983 which follows the enacting clause is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Civil Rights Commission Act of 1983'. ``SEC. 2. ESTABLISHMENT OF COMMISSION. ``(a) Generally.--There is established the United States Commission on Civil Rights (hereinafter in this Act referred to as the `Commission'). ``(b) Membership.--The Commission shall be composed of 8 members. Not more than 4 of the members shall at any one time be of the same political party. The initial membership of the Commission shall be the members of the United States Commission on Civil Rights on September 30, 1994. Thereafter vacancies in the membership of the Commission shall continue to be appointed as follows: ``(1) 4 members of the Commission shall be appointed by the President. ``(2) 2 members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(3) 2 members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader, and of the members appointed not more than one shall be appointed from the same political party. ``(c) Terms.--The term of office of each member of the Commission shall be 6 years. The term of each member of the Commission in the initial membership of the Commission shall expire on the date such term would have expired as of September 30, 1994. ``(d) Chairperson.--(1) Except as provided in paragraphs (2) and (3), the individuals serving as Chairperson and Vice Chairperson of the United States Commission on Civil Rights on September 30, 1994 shall initially fill those roles on the Commission. ``(2) Thereafter the President may, with the concurrence of a majority of the Commission's members, designate a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(3) The President shall, with the concurrence of a majority of the Commission's members, fill a vacancy by designating a Chairperson or Vice Chairperson, as the case may be, from among the Commission's members. ``(4) The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. ``(e) Removal of Members.--The President may remove a member of the Commission only for neglect of duty or malfeasance in office. ``(f) Quorum.--5 members of the Commission constitute a quorum of the Commission. ``SEC. 3. DUTIES OF THE COMMISSION. ``(a) Generally.--The Commission-- ``(1) shall investigate allegations in writing under oath or affirmation relating to deprivations-- ``(A) because of color, race, religion, sex, age, disability, or national origin; or ``(B) as a result of any pattern or practice of fraud; of the right of citizens of the United States to vote and have votes counted; and ``(2) shall-- ``(A) study and collect information relating to; ``(B) make appraisals of the laws and policies of the Federal Government with respect to; ``(C) serve as a national clearinghouse for information relating to; and ``(D) prepare public service announcements and advertising campaigns to discourage; discrimination or denials of equal protection of the laws under the Constitution of the United States because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. ``(b) Limitations on Investigatory Duties.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control, to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club, or any religious organization. ``(c) Reports.-- ``(1) Annual report.--The Commission shall submit to the President and Congress at least one report annually that monitors Federal civil rights enforcement efforts in the United States. ``(2) Other reports generally.--The Commission shall submit such other reports to the President and the Congress as the Commission, the Congress, or the President shall deem appropriate. ``(d) Advisory Committees.--The Commission may constitute such advisory committees as it deems advisable. The Commission shall establish at least one such committee in each State and the District of Columbia composed of citizens of that State or District. ``(e) Hearings and Ancillary Matters.-- ``(1) Power to hold hearings.--The Commission, or on the authorization of the Commission, any subcommittee of two or more members of the Commission, at least one of whom shall be of each major political party, may, for the purpose of carrying out this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee deems advisable. Each member of the Commission shall have the power to administer oaths and affirmations in connection with the proceedings of the Commission. The holding of a hearing by the Commission or the appointment of a subcommittee to hold a hearing pursuant to this paragraph must be approved by a majority of the Commission, or by a majority of the members present at a meeting when a quorum is present. ``(2) Power to issue subpoenas.--The Commission may issue subpoenas for the attendance of witnesses and the production of written or other matter. Such a subpoena may not require the presence of a witness more than 100 miles outside the place wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process. In case of contumacy or refusal to obey a subpoena, the Attorney General may in a Federal court of appropriate jurisdiction obtain an appropriate order to enforce the subpoena. ``(3) Witness fees.--A witness attending any proceeding of the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(4) Depositions and interrogatories.--The Commission may use depositions and written interrogatories to obtain information and testimony about matters that are the subject of a Commission hearing or report. ``(f) Limitation Relating to Abortion.--Nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any other person under its supervision or control to study and collect, make appraisals of, or serve as a clearinghouse for any information about laws and policies of the Federal Government or any other governmental authority in the United States, with respect to abortion. ``SEC. 4. ADMINISTRATIVE PROVISIONS. ``(a) Staff.-- ``(1) Director.--There shall be a full-time staff director for the Commission who shall-- ``(A) serve as the administrative head of the Commission; and ``(B) be appointed by the President with the concurrence of a majority of the Commission. ``(2) Other personnel.--Within the limitation of its appropriations, the Commission may-- ``(A) appoint such other personnel as it deems advisable, under the civil service and classification laws; and ``(B) procure services, as authorized in section 3109 of title 5, United States Code, but at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS-15 of the General Schedule under section 5332 of title 5, United States Code. ``(b) Compensation of Members.-- ``(1) Generally.--Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive a sum equivalent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, United States Code, prorated on an daily basis for time spent in the work of the Commission. ``(2) Persons otherwise in government service.--Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member's usual place of residence, under subchapter I of chapter 57 of title 5, United States Code. ``(c) Voluntary or Uncompensated Personnel.--The Commission shall not accept or use the services of voluntary or uncompensated persons. This limitation shall apply with respect to services of members of the Commission as it does with respect to services by other persons. ``(d) Rules.-- ``(1) Generally.--The Commission may make such rules as are necessary to carry out the purposes of this Act. ``(2) Continuation of old rules.--Except as inconsistent with this Act, and until modified by the Commission, the rules of the Commission on Civil Rights in effect on September 30, 1994 shall be the initial rules of the Commission. ``(e) Cooperation.--All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated, to carry out this Act $9,500,000 for fiscal year 1995. None of the sums authorized to be appropriated for fiscal year 1995 may be used to create additional regional offices. ``SEC. 6. TERMINATION. ``This Act shall terminate on September 30, 1995.''

Civil Rights Commission Amendments Act of 1994 - Amends the United States Commission on Civil Rights Act of 1983 to reauthorize the Commission. Renames such Act as the Civil Rights Commission Act of 1983. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on September 30, 1994, and thereafter vacancies shall continue to be appointed according to a specified formula; and (2) the term of each member in the initial membership shall expire on the date such term would have expired as of September 30, 1994. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson; (2) removal of members; and (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of U.S. citizens to vote and have votes counted; and (2) study and collect information relating to, make appraisals of Federal laws and policies regarding, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage, discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to: (1) inquire into or investigate any membership practices or internal operations of any fraternal organization, college or university fraternity or sorority, private club, or religious organization; or (2) study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports; (2) advisory committees; (3) hearings and ancillary matters; and (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Adult Education Instructor Recruitment and Retention Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Adult literacy and remedial education teachers provide adults and out-of-school youths basic skills that equip them to solve problems and become active participants in our society, to hold a job, and to further their education. (2) Students in adult literacy and remedial education classes are made up of those who dropped out of school or have passed through the school system without an adequate education. It also includes students who want to take the General Educational Development examination and, increasingly, immigrants whose native language is not English. (3) In the year 1998, there were over 4,000,000 students enrolled in adult education programs throughout the United States. (4) Nearly one-fourth of the 4,000,000 students enrolled were unemployed. Another 24 percent were working poor. Welfare recipients comprised almost 10 percent of all students in 1998. (5) That same year, there were 177,943 adult education instructors. Nearly 23,000 of those were working full-time, with another 69,129 working part-time. The remaining 85,924 teachers were volunteers. (6) Adult education has been shown to assist persons in achieving job skills and gain or advance in employment. For example, in 1998, over 150,000 adult education students went on to do other training; nearly 300,000 students retained, advanced, or gained employment. (7) As employers increasingly require a more literate workforce, workers' demand will grow for all types of literacy and remedial classes. (8) A softening economy may require more students to obtain additional education to get a job. (9) Adult education instructors often feel they are not as respected by education departments as their general education peers. Funding is generally inadequate, and resources are often old or nonexistent. Funding level changes can cause the number of teaching jobs to fluctuate from year to year. (10) Median hourly earnings of adult literacy and remedial education teachers and high school equivalency instructors were $16.12 in 2000. Yet, many adult education teachers have high student loans that they need to repay. SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS. ``(a) Purpose.--It is the purpose of this section-- ``(1) to bring more highly trained individuals into the adult education profession; and ``(2) to keep more highly trained adult education instructors in the adult education field for longer periods of time. ``(b) Definitions.--In this section: ``(1) Adult education facility.--The term `adult education facility' means a facility that provides any of the following types of educational instruction for individuals 16 years old and older: ``(A) Education for adults with limited English proficiency. ``(B) Adult secondary education. ``(C) Literacy education for older adults. ``(D) Adult basic education programs for adults with disabilities. ``(2) Year.--The term `year', when applied to service as an adult education instructor means any period of 365 consecutive days. ``(3) Low-income family.--The term `low-income family' means a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(1)). ``(4) Low-income community.--An adult education facility is serving a low-income community if at least 70 percent of the students enrolled at the facility are from low-income families. ``(5) Full-time.--The term `full-time' means employment that includes at least 30 hours per week of adult education teaching. ``(c) Program Authorized.--The Secretary shall carry out a program of cancelling the obligation to repay a qualified loan amount for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans in accordance with subsection (d) of this section, for any borrower who-- ``(1) has been employed as a full-time teacher for 3 consecutive years in an adult education facility that serves a low-income community; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Repayment.-- ``(1) In general.--The Secretary shall cancel the obligation to repay a qualified loan amount for each year of employment described in subsection (c)(1) completed after the date of enactment of this section, but counting consecutive years before or after such date for purposes of determining the number of consecutive years. Such qualified loan amount shall be equal to-- ``(A) $500 for the third consecutive year of employment; ``(B) $1,000 for the fourth consecutive year of such employment; ``(C) $1,500 for the fifth consecutive year of such employment; and ``(D) $2,000 for the sixth consecutive year of such employment. ``(2) No refunds.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. ``(f) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2003, and such sums as may be necessary for succeeding fiscal years.''.

Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Real Property Tax Relief Act of 1998''. SEC. 2. ALLOWANCE OF DEDUCTION FOR STATE AND LOCAL REAL PROPERTY TAXES TO CERTAIN SENIORS WHO DO NOT ITEMIZE THEIR DEDUCTIONS. (a) In General.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 (relating to definition of adjusted gross income) is amended by adding at the end the following new paragraph: ``(18) Real property taxes of eligible senior taxpayers.-- ``(A) In general.--In the case of an eligible senior taxpayer, the deduction for State and local real property taxes (within the meaning of section 164). ``(B) Limitation.--Subparagraph (A) shall apply only to the portion of State and local real property taxes which exceeds the aggregate amount distributed for the taxable year from the senior citizen real property tax account (as defined by section 222). The preceding sentence shall not apply to a distribution described in paragraph (3), (4), or (5) of section 222(e). ``(C) Eligible senior taxpayer defined.--For purposes of subparagraph (A), the term `eligible senior taxpayer' means a taxpayer-- ``(i) who is not married or is married filing a separate return and-- ``(I) who has attained age 65 before the close of his taxable year, and ``(II) whose modified adjusted gross income for such taxable year does not exceed $30,000, or ``(ii) who is filing a joint return or is a surviving spouse (as defined in section 2(a)) and-- ``(I) with respect to whom 1 of the spouses has attained age 65 before the close of the taxpayer's taxable year, and ``(II) whose modified adjusted gross income for such taxable year does not exceed $60,000. ``(D) Modified adjusted gross income.--For purposes of subparagraph (C), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to sections 911, 931, and 933, and ``(ii) after the application of sections 86, 469, 219, 220, and 222. ``(E) Inflation adjustment.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 1999, each of the dollar amounts in subparagraphs (C)(i)(II) and (C)(ii)(II) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100 such amount shall be rounded to the next lowest multiple of $100.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the cash contributions made for such taxable year to a senior citizen real property tax account maintained for the benefit of such individual. ``(b) Maximum Amount of Deduction.--The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed $2,000. ``(c) Definitions.--For purposes of this section-- ``(1) Senior citizen real property tax account.--The term `senior citizen real property tax account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified property tax expenses of the account beneficiary of the trust, but only if the trust is designated as a senior citizen real property tax account at the time created or organized and the written governing instrument creating the trust meets the following requirements: ``(A) No contribution (other than a rollover contribution described in subsection (e)(5)) will be accepted-- ``(i) unless it is in cash, ``(ii) in excess of $2,000 for the taxable year, or ``(iii) after the date on which such beneficiary attains age 59\1/2\. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(2) Qualified property tax expenses.-- ``(A) In general.--The term `qualified property tax expenses' means State and local, and foreign, real property taxes imposed on the account beneficiary (determined in accordance with section 164) with respect to the principal residence (within the meaning of section 121) of such beneficiary. Such term shall not include taxes imposed for any real property tax period ending before the date such beneficiary attains age 59\1/2\. ``(B) Jointly held property.--In the case of any residence which is held as joint tenants, tenants by the entirety, or community property by individuals who are married to each other, if one spouse satisfies the age requirement of subparagraph (A), then both spouses shall be treated as satisfying such requirement. ``(3) Account beneficiary.--The term `account beneficiary' means the individual for whose benefit the senior citizen real property tax account was established. ``(4) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 408(d)(6) (relating to transfer of account incident to divorce). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(d) Tax Treatment of Accounts.-- ``(1) In general.--A senior citizen real property tax account is exempt from taxation under this subtitle unless such account has ceased to be such an account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to senior citizen real property tax accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified property tax expenses. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--If any distribution is made from a senior citizen real property tax account during the taxable year, the account beneficiary's tax imposed by this chapter for such taxable year shall be increased by an amount equal to-- ``(A) 50 percent of any such distribution which is made before the date the account beneficiary attains age 59\1/2\, and ``(B) 25 percent of any such distribution which is made on or after such date. The increase in tax under the preceding sentence shall be in lieu of any inclusion in gross income. ``(2) Amounts used for qualified property tax expenses.-- ``(A) In general.--Paragraph (1) shall not apply to the extent that the aggregate distributions during the taxable year from the senior citizen real property tax accounts of the account beneficiary do not exceed the aggregate qualified property tax expenses of such beneficiary for such year. ``(B) Exclusion from gross income.--Gross income shall not include any distribution excluded from paragraph (1) by reason of subparagraph (A). ``(3) Treatment after death of account beneficiary; disability.--Paragraph (1) shall not apply to a distribution-- ``(A) which is made by reason of the death of the account beneficiary and is made (either directly or by the estate of such beneficiary) to any senior citizen real property tax account or individual retirement plan of any individual, or ``(B) which is attributable to the account beneficiary's being disabled (within the meaning of section 72(m)(7)). In the case of a distribution which is made by reason of the death of the account beneficiary and to which paragraph (1) applies after the application of the preceding sentence, the tax on such distribution shall be determined under paragraph (1)(A). ``(4) Excess contributions returned before the due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to a senior citizen real property tax account of an individual, paragraph (1) shall not apply to distributions from the senior citizen real property tax accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution) that is not deductible under this section. ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (1) shall not apply to any amount distributed from a senior citizen real property tax account to the account beneficiary to the extent the amount received is paid into a senior citizen real property tax account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a senior citizen real property tax account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a senior citizen real property tax account which was not includible in the individual's gross income because of the application of this paragraph. ``(f) Special Rules.-- ``(1) Married individuals.--The maximum deduction under subsection (b) shall be computed separately for each individual. ``(2) Time when contributions deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to a senior citizen real property tax account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(g) Reports.--The Secretary may require the trustee of a senior citizen real property tax account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such a manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code, as amended by section 2, is amended by inserting after paragraph (18) the following new paragraph: ``(19) Senior citizen real property tax accounts.--The deduction allowed by section 222.''. (c) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a senior citizen real property tax account described in section 222(c),''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rule for senior citizen real property tax accounts.--The individual for whose benefit a senior citizen real property tax account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 222(d)(2) applies with respect to such transaction.''. (d) Failure To Provide Reports on Senior Citizen Real Property Tax accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 222(g) (relating to senior citizen real property tax accounts),''. (e) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of such Code is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) a senior citizen real property tax account (as defined in section 222(c)),''. (2) Excess contributions defined.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to Senior Citizen Real Property Tax Accounts.--For purposes of this section-- ``(1) In general.--In the case of senior citizen real property tax accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. ``(2) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the senior citizen real property tax account in a distribution to which section 222(e)(4) applies. ``(B) Any rollover contribution.''. (f) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Senior citizen real property tax accounts. ``Sec. 223. Cross reference.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Seniors Real Property Tax Relief Act of 1998 - Amends the Internal Revenue Code to: (1) allow a deduction for State and local real property taxes paid by certain taxpayers aged 65 or older who do not itemize their deductions; and (2) provide for the establishment of "senior citizen real property tax accounts" (trusts created exclusively for the purpose of paying the qualified property tax expenses of qualified beneficiaries).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) as of February 2016-- (A) the global illicit trade in wildlife is estimated to be worth up to $20,000,000,000 annually; and (B) the legal wildlife trade in the United States was estimated to have a value of $2,800,000,000 annually; (2) the illegal trade in prohibited wildlife species (as defined in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371)) stimulates demand and expands markets in which prohibited wildlife species are sold illegally; (3) private possession, breeding, and sale of prohibited wildlife species have substantial and detrimental effects on-- (A) the health and general welfare of the people of the United States; and (B) the conservation of the prohibited wildlife species; (4) the private possession and breeding of prohibited wildlife species has a substantial and direct effect on interstate commerce because prohibited wildlife species are often-- (A) bred and possessed-- (i) for use in public exhibition; or (ii) for sale or transfer of ownership in the exotic pet trade; and (B) transported in interstate commerce for the activities described in subparagraph (A); (5) the private possession and breeding of prohibited wildlife species contributes to interstate trafficking in prohibited wildlife species and may contribute to the international illegal trade in prohibited wildlife species; (6) prohibited wildlife species in private possession and prohibited wildlife species that are subject to intrastate distribution are fungible commodities that cannot be differentiated, for purposes of control, from prohibited wildlife species that are subject to interstate distribution; (7) it is exceedingly difficult to distinguish between-- (A) prohibited wildlife species that have been possessed, bred, sold, or transported in interstate commerce; and (B) prohibited wildlife species that have not been possessed, bred, sold, or transported in interstate commerce; (8) Federal control of intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of interstate trafficking in prohibited wildlife species; and (9) the United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), which was designed to protect species of wild fauna and flora from exploitation through international trade. SEC. 3. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to intentionally or negligently-- ``(1) facilitate propagation or reproduction; or ``(2) fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 4. PROHIBITIONS. 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 striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``in paragraphs (1) through (3).'' and inserting ``in-- ``(A) paragraphs (1) through (3); or ``(B) subsection (e).''; (2) by striking subsection (e) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person-- ``(A) to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species-- ``(i) in interstate or foreign commerce; or ``(ii) in a manner substantially affecting interstate or foreign commerce; or ``(B) to breed or possess a live animal of any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to any person that-- ``(A) is an institution accredited by the Association of Zoos and Aquariums; ``(B) is a facility that-- ``(i) has an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for the breeding of prohibited wildlife species; and ``(ii) does not breed, acquire, or sell prohibited wildlife species other than the prohibited wildlife species covered by a contract described in clause (i); ``(C) is a State college, university, or agency, or State-licensed veterinarian; ``(D)(i) is a wildlife sanctuary that cares for prohibited wildlife species; ``(ii) is a corporation that-- ``(I) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; and ``(II) is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; ``(iii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of prohibited wildlife species; ``(iv) does not breed the prohibited wildlife species; ``(v) does not allow direct contact between the public and prohibited wildlife species; and ``(vi) does not allow the transportation and display of prohibited wildlife species off-site; ``(E) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the prohibited wildlife species; ``(F)(i) is in possession of a prohibited wildlife species that was born before the date of enactment of the Big Cat Public Safety Act of 2016; ``(ii) not later than 180 days after the date of enactment of the Big Cat Public Safety Act of 2016, is registered with the Animal and Plant Health Inspection Service; ``(iii) does not breed, acquire, or sell any prohibited wildlife species after the date of enactment of that Act; and ``(iv) does not allow direct contact between the public and prohibited wildlife species; or ``(G)(i) holds a valid Class C license under the Animal Welfare Act (7 U.S.C. 2131 et seq.); ``(ii) regularly travels across State lines to conduct circus performances featuring live prohibited wildlife species, clowns, and aerial acts; ``(iii) engaged in the travel and conduct described in clause (ii) before January 1, 2015; and ``(iv) does not allow direct contact between the public and prohibited wildlife species.''. SEC. 5. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by striking ``other than subsections (b), (d),'' and inserting ``other than subsections (b), (d), (e),''; and (2) by striking ``violates subsection (d)'' and inserting ``violates subsection (d), (e),''. (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by striking ``or'' after the comma at the end; (2) in subparagraph (B)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by adding ``or'' after the comma at the end; and (3) by inserting after subparagraph (B) the following: ``(C) knowingly violates section 3(e),''; and (4) in the undesignated matter following subparagraph (C) (as added by paragraph (3))-- (A) by striking ``knowing that'' and all that follows through ``treaty or regulation,''; and (B) in the second sentence, by striking ``said fish or wildlife or plants'' and inserting ``fish or wildlife, plants, or prohibited wildlife species concerned''. SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended-- (1) by striking ``or plants'' and inserting ``, plants, or prohibited wildlife species bred, possessed,''; (2) by striking ``of this Act (other than subsection 3(b))'' and inserting ``(other than subsection (b) of that section)''; and (3) by striking ``of this Act.'' and inserting a period. SEC. 7. ADMINISTRATION. 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, in consultation with other relevant Federal and State agencies, shall promulgate any regulations necessary to implement section 3(e).''. SEC. 8. TECHNICAL CORRECTION. Section 4(e), and subsections (a) and (b)(2) of section 8, of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by striking ``Fishery Conservation and Management Act of 1976'' each place it appears and inserting ``Magnuson-Stevens Fishery Conservation and Management Act''.

Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed. The bill revises the list of entities that are exempt from Lacey Act prohibitions to include: institutions accredited by the Association of Zoos and Aquariums; certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species; persons who do not allow the transportation and display of prohibited wildlife species off-site; current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days; and certain traveling circuses that hold Class C licenses under the Animal Welfare Act. Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Welfare Improvement Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No additional cash assistance for children born to families receiving assistance. Sec. 3. Prohibition of recruitment activities. Sec. 4. Mandatory termination of assistance. Sec. 5. Work participation rate requirement. Sec. 6. Limitation on payments to States. Sec. 7. Effective date. SEC. 2. NO ADDITIONAL CASH ASSISTANCE FOR CHILDREN BORN TO FAMILIES RECEIVING ASSISTANCE. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) No additional cash assistance for children born to families receiving assistance.-- ``(A) General rule.--A State to which a grant is made under section 403 shall not use any part of the grant to provide cash benefits for a minor child who is born to-- ``(i) a recipient of assistance under the program operated under this part; or ``(ii) a person who received such assistance at any time during the 10-month period ending with the birth of the child. ``(B) Exception for children born into families with no other children.--Subparagraph (A) shall not apply to a minor child who is born into a family that does not include any other children. ``(C) Exception for vouchers.--Subparagraph (A) shall not apply to vouchers which are provided in lieu of cash benefits and which may be used only to pay for particular goods and services specified by the State as suitable for the care of the child involved. ``(D) Exception for rape or incest.--Subparagraph (A) shall not apply with respect to a child who is born as a result of rape or incest. ``(E) State election to opt out.--Subparagraph (A) shall not apply to a State if State law specifically exempts the State program funded under this part from the application of subparagraph (A). ``(F) Substitution of family caps in effect under waivers.--Subparagraph (A) shall not apply to a State-- ``(i) if, as of the date of the enactment of this part, there is in effect a waiver approved by the Secretary under section 1115 which permits the State to deny aid under the State plan approved under part A of this title (as in effect without regard to the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2110) to a family by reason of the birth of a child to a family member otherwise eligible for such aid; and ``(ii) for so long as the State continues to implement such policy under the State program funded under this part, under rules prescribed by the State.''. SEC. 3. PROHIBITION OF RECRUITMENT ACTIVITIES. Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end the following new subsection: ``prohibition of recruitment activities ``(p) Nothing in this title shall be construed to authorize recruitment activities under this title, including with respect to any outreach programs or demonstration projects.''. SEC. 4. MANDATORY TERMINATION OF ASSISTANCE. Section 407(e)(1) of the Social Security Act (42 U.S.C. 607(e)(1)), is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part refuses to engage in work required in accordance with this section, the State shall-- ``(A) in the case of the first or second refusal-- ``(i) reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or ``(ii) terminate such assistance, subject to such good cause and other exceptions as the State may establish; and ``(B) in the case of the third refusal, terminate the assistance.''. SEC. 5. WORK PARTICIPATION RATE REQUIREMENT. The table in section 407(a)(1) of the Social Security Act (42 U.S.C. 607(a)(1)), is amended, in the item relating to fiscal year 2002 or thereafter, by striking ``50'' and inserting ``75''. SEC. 6. LIMITATION ON PAYMENTS TO STATES. Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 420. LIMITATION ON PAYMENTS TO STATES. ``Notwithstanding any other provision of this part, no funds may be paid to a State under this part unless the State-- ``(1) establishes and maintains a reasonable program for randomly testing an individual in a family receiving assistance under the State program funded under this part for the use of controlled substances; and ``(2) terminates assistance under the State program funded under this part for any individual who tests positive for the use of controlled substances.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).

Welfare Improvement Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI (Supplemental Security Income) to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Statement of purpose. Sec. 4. Shirley A. Chisholm United States-Caribbean Educational Exchange Program. Sec. 5. Program to provide educational development assistance for CARICOM countries. Sec. 6. Administrative provisions. Sec. 7. Reporting requirements. Sec. 8. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--Except as otherwise provided, the term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (3) CARICOM country.--The term ``CARICOM country''-- (A) means a member country of the Caribbean Community (CARICOM); but (B) does not include-- (i) a country having observer status in CARICOM; or (ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (4) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of State. (5) United states cooperating agency.--The term ``United States cooperating agency'' means-- (A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (B) a higher education association; (C) a nongovernmental organization incorporated in the United States; or (D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to establish-- (1) an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program'', pursuant to section 4 to assist in educating promising students and scholars from communities demonstrating the greatest need within CARICOM countries who will invest the knowledge and experiences they gain in the United States back into the community of CARICOM countries; and (2) a program to provide educational development assistance for communities demonstrating the greatest need within CARICOM countries pursuant to section 5. SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM. (a) Program Authorized.--The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program,'' under which-- (1) secondary school students from CARICOM countries will-- (A) attend a public or private secondary school in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and (2) undergraduate students, graduate students, post- graduate students, and scholars from CARICOM countries will-- (A) attend a public or private college or university, including a community college, in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States. (b) Elements of Program.--The program authorized under subsection (a) shall meet the following requirements: (1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need. (2) The program will seek to achieve gender equality in granting scholarships under the program. (3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs. (4) The program will limit participation to-- (A) one year of study for secondary school students; (B) two years of study for undergraduate students; and (C) 12 months of study for graduate students, post- graduate students, and scholars. (5) For a period of time equal to the period of time of participation in the program, but not to exceed 2 years, the program will require participants who are students and scholars described in subsection (a)(2) to-- (A) agree to return to live in a CARICOM country and maintain residence in such country, within 6 months of completion of academic studies; or (B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries. (6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States. (c) Role of United States Cooperating Agencies.--The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (a). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (d) Monitoring and Evaluation of Program.-- (1) In general.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). In so doing, the Secretary shall, among other things, evaluate the program's positive or negative effects on brain drain from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries. (2) Requirements.--In carrying out paragraph (1), the Secretary shall review on a regular basis-- (A) financial information relating to the program; (B) budget plans for the program; (C) adjustments to plans established for the program; (D) graduation rates of participants in the program; (E) the percentage of participants who are students described in subsection (a)(1) who pursue higher education; (F) the percentage of participants who return to their home country or another CARICOM country; (G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and (H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G). SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR CARICOM COUNTRIES. (a) Program Authorized.--The Secretary of State, acting through the Administrator of the United States Agency for International Development, is authorized to establish a program to provide educational development assistance for CARICOM countries. (b) Purpose of Program.--The purpose of the program authorized under subsection (a) is to improve primary and secondary education in CARICOM countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education. (c) Elements of Program.--The program authorized under subsection (a) shall extend and expand upon existing primary and secondary school programs in CARICOM countries to provide-- (1) teacher-training methods and training in subject area studies; (2) classroom and school management; (3) development and modernization of curriculum and instructional materials; (4) increased community involvement in school activities; and (5) local, regional, and national government policy planning on the elements described in paragraphs (1) through (4). (d) Role of United States Cooperating Agencies.--The Secretary shall consult with the Secretary of Education, officials of United States cooperating agencies, and officials of CARICOM countries in developing the program authorized under subsection (a). The Secretary is authorized to make grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (e) Monitoring and Evaluation of Program.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Funding From Private Sources and Partnerships With Other Appropriate Entities.--To the maximum extent practicable, the Secretary of State and the Administrator of the United States Agency for International Development should implement the programs authorized under sections 4 and 5 through utilization of funding from private sources to maximize the impact of United States funds under this Act, and through partnerships with appropriate United States organizations, institutions, and corporations. (b) Avoidance of Duplication.--The Secretary and the Administrator shall consult with the Secretary of Education to ensure that-- (1) activities under the programs authorized under sections 4 and 5 are not duplicative of other United States educational programs for CARICOM countries; and (2) United States cooperating agencies and partner institutions in CARICOM countries are accredited by national or regional accrediting bodies. (c) Reporting Under SEVIS.--To the extent necessary, the Secretary shall provide support to United States cooperating agencies that are participating in the program authorized under section 4 in order to fulfill the requirements for student data reporting under the Student and Exchange Visitor Information System (SEVIS). SEC. 7. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the programs authorized under sections 4 and 5. (b) Matters To Be Included.--The report required by subsection (a) shall include-- (1) with respect to implementation of the program authorized under section 4-- (A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year; (B) a timeline for selecting United States cooperating agencies that will assist in implementing the program; (C) a financial plan that-- (i) identifies budget plans for each educational level under the program; and (ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and (D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program; and (2) a plan outlining implementation of the program authorized under section 5, identifying the initial countries in which the program will be implemented and a timeline for implementation. (c) Updates of Report.-- (1) In general.--The Secretary shall submit to the appropriate congressional committees updates of the report required by subsection (a) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under section 8. (2) Matters to be included.--Such updates shall include the following: (A) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under sections 4 and 5. (B) An analysis of the positive and negative impacts the program authorized under section 4 will have or is having on brain drain from the participating CARICOM countries. (C) A description of efforts made by the Secretary and the Administrator to implement the program authorized under section 5. (D) A description of the programs established in each CARICOM country receiving assistance under the program authorized under section 5. Such description shall include a detailed explanation of the extent to which the program and the assistance provided are contributing to the purpose of the program described in section 5(b) in the CARICOM country. (E) An evaluation of additional educational development goals in CARICOM countries, identifying those goals that could be maximized or achieved with United States assistance through the program authorized under section 5. In addition to standard or necessary areas of education review, the evaluation should give attention to factors affecting academic achievement, attrition, and graduation rates in CARICOM countries. The evaluation should suggest ways in which United States assistance can maximize success factors and address factors contributing to poor achievement. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purposes.

Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend U.S. schools and participate in activities designed to promote a greater understanding of U.S. values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Conservation Act of 2010''. SEC. 2. HOME ENERGY CONSERVATION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. HOME ENERGY CONSERVATION BONDS. ``(a) Home Energy Conservation Bond.--For purposes of this subchapter, the term `home energy conservation bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used to make qualified residential energy efficiency assistance grants and loans, ``(2) not less than 20 percent of the available project proceeds of such issue are to be used to make qualified low- income residential energy efficiency assistance grants and loans, ``(3) not less than 10 percent of the available project proceeds of such issue are to be used to make qualified very low-income residential energy efficiency assistance grants, ``(4) repayments of principal and applicable interest on financing provided by the issue are used not later than the close of the 3-month period beginning on the date the prepayment (or complete repayment) is received to redeem bonds which are part of the issue or to make qualified residential energy efficiency assistance grants and loans, ``(5) the bond is issued by a State or local government, and ``(6) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) to such issuer. ``(c) National Limitation on Amount of Bonds Designated.--There is a national home energy conservation bond limitation of $2,400,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Qualified Residential Energy Efficiency Assistance Grants and Loans.--For purposes of this section-- ``(1) In general.--Qualified residential energy efficiency assistance grants and loans are any grant or low-interest loan, as the case may be, to acquire (including reasonable installation and testing costs) any of the following: ``(A) Any property which meets (at a minimum) the requirements of the Energy Star program and which is to be installed in a dwelling unit. ``(B) Any property not described in subparagraph (A) which meets (at a minimum) the requirements of the Water Sense program and which is to be installed in a dwelling unit. ``(C) Any improvements to a dwelling unit which are made pursuant to a plan which-- ``(i) is developed by a Residential Energy Services Network (RESNET), Building Performance Institute (BPI), or equivalent, energy efficiency expert, and ``(ii) is certified by such energy efficiency expert (based on testing done before and after such improvements) as resulting in at least a 20 percent reduction in total household energy consumption related to heating, cooling, lighting, and appliances. For purposes of this subparagraph, improvements to a dwelling unit for basic health and safety may be taken into account to the extent that such improvements do not exceed 10 percent of the value of the grant or loan and are required under State or local law as a condition of making the other improvement described in this subparagraph. ``(2) Dollar limitations.-- ``(A) Dwelling unit improvements.-- ``(i) In general.--Such term shall not include any grant or loan for improvements described in paragraph (1)(C) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such improvements) exceeds $5,000. ``(ii) Increased limitation for certain principal residences.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of the grant or loan referred to in clause (i)-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `40 percent' for `20 percent', and ``(II) in any case to which subclause (I) does not apply, clause (i) shall be applied by substituting `$8,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `30 percent' for `20 percent'. ``(iii) Increased limitation for cash positive loans.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of a loan with respect to which the reduced energy costs which result from the improvements described in paragraph (1)(C) exceed the payments required under the terms of the loan-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000', and ``(II) clause (ii) shall not apply. ``(B) Reduction in water consumption.--Such term shall not include any grant or loan for property described in paragraph (1)(B) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such property) exceeds $500. ``(3) Low-interest loan.--The term `low interest loan' means any loan which charges interest at a rate which does not exceed the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan. ``(4) Exclusion of certain property.--The following property shall not be taken into account for purposes of paragraph (1): ``(A) Any equipment used in connection with a swimming pool, hot tub, or similar property. ``(B) Any television. ``(C) Any device for converting digital signal to analog. ``(D) Any DVD player. ``(E) Any video cassette recorder (VCR). ``(F) Any audio equipment. ``(G) Any cordless phone. ``(H) Any other item of property where there is substantial recreational use. ``(f) Qualified Low-Income Residential Efficiency Assistance Grants and Loans.-- ``(1) In general.--Qualified low-income residential energy efficiency assistance grants and loans are any qualified residential energy efficiency assistance grant or loan, as the case may be, with respect to a dwelling unit which is occupied (at the time of the grant or loan) by individuals whose income is 100 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(2) Restriction to grants and very low interest loans.-- Such term shall not include any loan unless the rate of interest on such loan does not exceed the excess of-- ``(A) the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan, over ``(B) 100 basis points. ``(g) Qualified Very Low-Income Residential Efficiency Assistance Grants.--For purposes of this section, qualified very low-income residential energy efficiency assistance grants are any qualified low- income residential energy efficiency assistance grant with respect to a dwelling unit which is occupied (at the time of the grant) by individuals whose income is 50 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(h) Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable interest.--The term `applicable interest' means, with respect to any loan, so much of any interest on such loan which exceeds 1 percentage point. ``(2) Special rule relating to arbitrage.--An issue shall not be treated as failing to meet the requirements of section 54A(d)(4)(A) by reason of any investment of available project proceeds in qualified residential energy efficiency assistance loans. ``(3) Exclusion of administrative expenses.--The amount treated as used to make any grant or loan described in this section shall not exceed the amount of such grant or loan. ``(4) Population.--The population of any State or local government shall be determined as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(5) Reporting.-- ``(A) Reports by issuers.--Issuers of home energy conservation bonds shall, not later than 6 months after the expenditure period (as defined in section 54A) and annually thereafter until the last such bond is redeemed, submit reports to the Secretary regarding such bonds, including information regarding-- ``(i) the number and monetary value of loans and grants provided and the purposes for which provided, ``(ii) the number of dwelling units the energy efficiency of which improved as result of such loans and grants, ``(iii) the types of property described in subparagraphs (A) and (B) of subsection (e)(1) installed as a result of such loans and grants and the projected energy savings with respect to such property, and ``(iv) the projected energy savings as a result of such loans and grants for improvements described in subsection (e)(1)(C). ``(B) Report to congress.--Not later than 12 months after receipt of the first report under subparagraph (A) and annually thereafter until the last such report is required to be submitted, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit a report to Congress regarding the bond program under this section, including information regarding-- ``(i) the aggregate of each category of information described in subparagraph (A) (including any independent assessment of projected energy savings), and ``(ii) an estimate of the amount of greenhouse gas emissions reduced as a result of such bond program.''. (b) Treatment as a Specified Tax Credit Bond for Purposes of Direct Payment Provisions.--Subparagraph (A) of section 6431(f)(3) of such Code is amended by striking ``or'' at the end of clause (iii), by striking ``and'' at the end of clause (iv) and inserting ``or'', and by adding at the end the following new clause: ``(v) a home energy conservation bond (as defined in section 54G), and''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a home energy conservation bond,''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a home energy conservation bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Home energy conservation bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population. Defines "qualified residential energy efficiency assistance grants and loans" as any grant or loan to acquire: (1) any property which meets (at a minimum) the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit; and (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20% reduction in total household energy consumption related to heating, cooling, lighting, and appliances. Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-Utah State Trust Lands Consolidation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The San Rafael Swell in Utah is a 900-square mile, wild and beautiful region west of the Green River. The San Rafael Swell is dominated by the jagged, uplifted San Rafael Reef, which has nearly two dozen major canyons and many side draws and box canyons. The San Rafael Swell towers above the desert like a wilderness castle, ringed by 1,000-foot ramparts of Navajo sandstone. Its highlands have been fractured by uplift and scooped hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams. (2) The San Rafael Swell region was one of the country's last frontiers and possesses important natural, historical, and cultural resources, including exceptional backcountry recreation opportunities, productive habitat for Desert Bighorn Sheep, important historical sites, including sections of the Old Spanish Trail and the Outlaw Trail, significant paleontological resources, and multiple wilderness study areas created pursuant to section 603 of the Federal Lands Policy and Management Act of 1976, or otherwise identified by local government and conservation interests as having significant conservation values. The beautiful rural landscapes, historic and cultural landscapes, and spectacular scenic vistas of the San Rafael Swell region contain significant undeveloped recreational opportunities for people throughout the United States. (3) The State of Utah owns approximately 102,871 acres of land located in the San Rafael Swell region and administered by the Utah School and Institutional Trust Lands Administration. These lands were granted by the Congress to the State of Utah pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State's public school system and other public institutions. The lands are largely scattered in checkerboard fashion amidst the Federal lands comprising the remainder of the San Rafael Swell area. (4) Development of surface and mineral resources on State trust lands within the San Rafael Swell area, or the sale of such lands into private ownership, could be incompatible with management of such lands for nonimpairment of their wilderness characteristics pursuant to section 603(c) of the Federal Land Policy and Management Act of 1976, with future congressional designation of the lands as wilderness, or with future designation of such lands as a national monument, national heritage area, or other conservation designation. (5) The State of Utah also owns 3,533 acres of land within or directly adjacent to the Manti-La Sal National Forest in Grand and Emery Counties, Utah, and 6,411 acres of land within the Red Cliffs Desert Reserve, a conservation reserve established in 1995 by the United States and Washington County, Utah, to implement a multiple-species habitat conservation plan approved by the Fish and Wildlife Service under section 10(a) of the Endangered Species Act of 1973. The Reserve contains the highest density of critical habitat for the Mojave desert tortoise, a threatened species, in the United States. These State trust lands are also administered by the Utah School and Institutional Trust Lands Administration, but the use of such lands by the State is limited because of the conservation designations of surrounding Federal lands. (6) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange for the San Rafael Swell inholdings, the Manti-La Sal forest lands, and the Red Cliffs Desert Reserve lands without jeopardizing Federal management objectives or needs. (7) The large presence of State trust land inholdings in the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve makes land and resource management in these areas difficult, costly, and controversial for both the State of Utah and the United States. (8) It is in the public interest to reach agreement on exchange of such inholdings, on terms fair to both the State of Utah and the United States. Such an agreement, subject to ratification by Congress and consent by the Utah legislature, would save much time and delay in meeting the legitimate expectations of the State school and institutional trusts, in simplifying management of Federal lands, and in avoiding the significant time and expense associated with administrative land exchanges. (9) The State of Utah and the United States have reached an agreement under which the State would exchange certain State trust lands within the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve for various Federal lands outside of those areas but in the same region of Utah. (10) The parties agreed at the outset of negotiations to avoid identifying Federal assets for conveyance to the State where any of the following was known to exist or likely to be an issue as a result of foreseeable future uses of the lands: (A) Wilderness study areas. (B) Areas proposed for wilderness designation in pending Federal legislation. (C) Significant endangered species habitat. (D) Significant archaeological resources. (E) Areas of critical environmental concern. (F) Other lands known to raise significant environmental concerns of any kind. (11) Because the State trust lands to be acquired by the Federal Government include properties within some of the most spectacular wild areas in the western United States, and because a mission of the Utah School and Institutional Trust Lands Administration is to produce economic benefits for Utah's public schools and other beneficiary institutions, the exchange of lands called for in this agreement will resolve longstanding environmental conflicts with respect to existing and proposed wilderness study areas, place important natural lands into public ownership, and further the interests of the State trust lands, the school children of Utah, and these conservation resources. (12) Under this agreement, the State interests to be conveyed to the United States by the State of Utah, and the Federal interests to be conveyed to the State of Utah by the United States, have been examined by licensed independent real estate consultants and, taken as a whole, have been found to be approximately equal in value. (b) Purpose.--The purpose of this Act is to enact into law and direct prompt implementation of this agreement, and thereby to further the public interest by consolidating State and Federal lands into manageable units while facilitating the protection of lands with significant scientific, cultural, and natural resources. SEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH AND THE UNITED STATES. (a) Agreement.--The State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for lands of approximately equal value managed by the Utah School and Institutional Trust Lands Administration in the San Rafael Swell area of Utah, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve. (b) Ratification.--All terms, conditions, procedures, covenants, reservations, and other provisions set forth in the document entitled ``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation'', dated June ____, 2002 (in this Act referred to as ``the Agreement''), are hereby incorporated in this Act, are ratified and confirmed, and set forth the obligations of the United States, the State of Utah, and the Utah School and Institutional Trust Lands Administration, as a matter of Federal law. SEC. 4. CONVEYANCES. (a) Conveyances.--All conveyances under sections 2, 3, and 4 of the Agreement shall be completed not later than 70 days after enactment of this Act. (b) Maps and Legal Descriptions.-- (1) In general.--The maps and legal descriptions referred to in the Agreement depict the lands subject to the conveyances under the Agreement. (2) Public availability.--The maps and legal descriptions referred to in the Agreement shall be on file and available for public inspection in the offices of the Secretary of the Interior, the Secretary of Agriculture, the Intermountain Regional Office of the Forest Service, and the Utah State Director of the Bureau of Land Management. (3) Conflict.--In case of any conflict between the maps and the legal descriptions in the Agreement, the legal descriptions shall control. SEC. 5. MINERAL DEVELOPMENT. All payments received by the United States pursuant to section 13(c) of the Agreement shall be subject to sharing with the State of Utah in the same manner the United States shares bonus bids, rentals, and royalties with the State of Utah under section 35 of the Mineral Leasing Act (30 U.S.C. 191). SEC. 6. AUTHORIZATION. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be desired to reduce the balance of the interest and principal amounts owed by the United States to the Trust Lands Administration pursuant to sections 4 and 5 of the Agreement. SEC. 7. COSTS. The United States and the State of Utah shall each bear its own respective costs incurred in the implementation of this Act.

Federal-Utah State Trust Lands Consolidation Act - Establishes that the State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for certain Utah State lands. Ratifies, confirms, and incorporates all provisions set forth in the "Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation."Directs the Federal Government to share payments pursuant to the Agreement with the State of Utah as bonus bids, rental, and royalties are shared under the Mineral Leasing Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Government Act of 2011''. SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS. Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ``money or property'' and inserting ``money, property, or any other thing of value''. SEC. 3. VENUE FOR FEDERAL OFFENSES. Section 3237(a) of title 18, United States Code, is amended by inserting after ``begun, continued, or completed'' the following: ``or in any district in which an act in furtherance of an offense is committed''. SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended by striking ``10 years'' and inserting ``20 years''. SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. Section 641 of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 6. BRIBERY AND GRAFT. Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``fifteen years'' and inserting ``20 years''; and (2) in subsection (c), by striking ``two years'' and inserting ``five years''. SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States'' each place such term appears. SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ``the official's or person's official position or'' before ``any official act''. SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''. Section 201(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) the term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action.''. SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under section 201, 641, 666, 1951, 1952, or 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements. (b) Requirements.--In carrying out this subsection, the Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress's intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider the extent to which the guidelines may or may not appropriately account for-- (A) the potential and actual harm to the public and the amount of any loss resulting from the offense; (B) the level of sophistication and planning involved in the offense; (C) whether the offense was committed for purposes of commercial advantage or private financial benefit; (D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the Federal, State or local government; and (F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3302. Corruption offenses ``Unless an indictment is returned or the information is filed against a person within 10 years after the commission of the offense, a person may not be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate the offense in-- ``(1) section 201 or 666; ``(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; ``(3) section 1951, if the offense involves extortion under color of official right; ``(4) section 1952, to the extent that the unlawful activity involves bribery; or ``(5) section 1962, to the extent that the racketeering activity involves bribery chargeable under State law, involves a violation of section 201 or 666, section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official, or section 1951, if the offense involves extortion under color of official right.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: ``3302. Corruption offenses.''. (c) Application of Amendment.--The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION RELATED OFFENSES. (a) Solicitation of Political Contributions.--Section 602(a)(4) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (b) Promise of Employment for Political Activity.--Section 600 of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (c) Deprivation of Employment for Political Activity.--Section 601(a) of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (d) Intimidation To Secure Political Contributions.--Section 606 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. (e) Solicitation and Acceptance of Contributions in Federal Offices.--Section 607(a)(2) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (f) Coercion of Political Activity by Federal Employees.--Section 610 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. SEC. 13. ADDITIONAL RICO PREDICATES. (a) In General.--Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records),'' after ``473 (relating to counterfeiting),''; (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''; and (3) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1029 (relating to fraud and related activity in connection with access devices),''. (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by striking ``section 641 (relating to public money, property, or records),''; and (2) by striking ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),''. SEC. 14. ADDITIONAL WIRETAP PREDICATES. Section 2516(1)(c) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 224 (bribery in sporting contests),''; and (2) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1014 (relating to loans and credit applications generally; renewals and discounts),''. SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE PROCEEDINGS. (a) In General.--Section 1512(i) of title 18, United States Code, is amended to read as follows: ``(i) A prosecution under section 1503, 1504, 1505, 1508, 1509, 1510, or this section may be brought in the district in which the conduct constituting the alleged offense occurred or in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected.''. (b) Perjury.-- (1) In general.--Chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1624. Venue ``A prosecution under section 1621(1), 1622 (in regard to subornation of perjury under 1621(1)), or 1623 of this title may be brought in the district in which the oath, declaration, certificate, verification, or statement under penalty of perjury is made or in which a proceeding takes place in connection with the oath, declaration, certificate, verification, or statement.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``1624. Venue.''. SEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by inserting after section 1346 the following new section: ``Sec. 1346A. Undisclosed self-dealing by public officials ``(a) Undisclosed Self-Dealing by Public Officials.--For purposes of this chapter, the term `scheme or artifice to defraud' also includes a scheme or artifice by a public official to engage in undisclosed self-dealing. ``(b) Definitions.--As used in this section: ``(1) Official act.--The term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action. ``(2) Public official.--The term `public official' means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or a subdivision of a State, or any department, agency or branch of government thereof, in any official function, under or by authority of any such department, agency, or branch of government. ``(3) State.--The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) Undisclosed self-dealing.--The term `undisclosed self-dealing' means that-- ``(A) a public official performs an official act for the purpose, in whole or in part, of benefitting or furthering a financial interest of-- ``(i) the public official; ``(ii) the spouse or minor child of a public official; ``(iii) a general business partner of the public official; ``(iv) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; or ``(v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and ``(B) the public official knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official.''. (b) Conforming Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by inserting after the item relating to section 1346 the following new item: ``1346A. Undisclosed self-dealing by public officials.''. (c) Applicability.--The amendments made by this section apply to acts engaged in on or after the date of the enactment of this Act. SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST JUDGES. Section 360(a) of title 28, United States Code, is amended-- (1) in paragraph (2) by striking ``or''; (2) in paragraph (3), by striking the period at the end, and inserting ``; or''; and (3) by inserting after paragraph (3) the following: ``(4) such disclosure of information regarding a potential criminal offense is made to the Attorney General, a Federal, State, or local grand jury, or a Federal, State, or local law enforcement agency.''. SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY OFFENSES. Section 666(c) of title 18, United States Code, is amended-- (1) by striking ``This section does not apply to''; and (2) by inserting ``This subsection shall apply to the giving or receiving of `anything of value' that is corruptly solicited, demanded, accepted or agreed to be accepted in subsection (a)(1)(B) and corruptly given, offered, or agreed to be given in subsection (a)(2) shall not include'', before the words ``bona fide salary''. SEC. 19. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES. Section 3731 of title 18, United States Code, is amended by inserting after ``United States attorney'' the following: ``, Deputy Attorney General, Assistant Attorney General, or the Attorney General''.

Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. Expands mail and wire fraud statutes to cover offenses involving any other thing of value (e.g., intangible rights and licenses). Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. Increases the maximum term of imprisonment from: (1) 10 to 20 years for theft or bribery involving federally-assisted programs; (2) 10 to 20 years for theft and embezzlement of federal money, property, or records; (3) 15 to 20 years for bribery of public officials; and (4) 2 to 5 years for providing gratuities because of an official's or person's official position or for any official act, or for bribery of a witness at a trial, hearing, or other proceeding before any court, any committee of Congress, or any U.S. agency, commission, or officer. Expands the definition of "official act" to include any act within the range of official duty, including any recommendation, which may be a single act, more than one act, or a course of conduct, and which may include a decision or recommendation that a government should not take action. Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia. Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption and racketeering offenses to reflect the intent of Congress that penalties for such offenses be increased. Establishes a 10-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering. Increases to 10 years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) promise of employment made possible by an Act of Congress for political activity, (3) deprivation of such employment for political activity, (4) intimidation to secure political contributions, (5) solicitation and acceptance of contributions in federal offices, and (6) coercion of political activity by federal employees. Includes embezzlement or theft of government money or property, and specified activity relating to major fraud against the United States, as predicates for racketeering prosecutions and wiretaps. Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred. Includes as a prohibited scheme or artifice to defraud any scheme or artifice by a public official to engage in undisclosed self-dealing, as defined in this Act. Amends the federal judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Department of Justice (DOJ), a federal, state, or local grand jury, or federal, state, or local law enforcement agents. Permits the U.S. attorney, Deputy Attorney General, Assistant Attorney General, or the Attorney General (currently, only the U.S. attorney) to certify to the district court that an appeal by the United States is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Safe NOW Act of 2006''. (b) Purpose.--The purpose of this Act is to establish a National Sex Offender Risk Classification Task Force to create guidelines for the establishment of a risk-based sex offender classification system that will-- (1) classify sex offenders based on the threat of danger each sex offender poses to the public; and (2) allow law enforcement agencies and the public to identify the most dangerous sex offenders listed in sex offender registries by using the classification system. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Sex offender registry.--The term ``sex offender registry'' means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (2) Jurisdiction.--The term ``jurisdiction'' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) Any Federally recognized Indian tribe. SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE. (a) Task Force Established.--There is established, under the general authority of the Attorney General, the National Sex Offender Risk Classification Task Force (referred to in this Act as the ``Task Force''). (b) Duties.-- (1) In general.--The Task Force shall-- (A) create preliminary guidelines for the establishment of a risk-based sex offender classification system; (B) administer the demonstration program under section 4; and (C) create final guidelines for the establishment of a risk-based sex offender classification system that shall be made available to jurisdictions for use in accordance with section 7, and that shall be created using the information gathered through-- (i) the demonstration program under section 4; and (ii) the activities of the working groups under paragraph (3). (2) Creation of guidelines.--In creating the guidelines required under this subsection, the Task Force shall consider-- (A) empirically-based assessment tools available to assess the dangers posed by sex offenders; (B) the methods used to classify sex offenders for the purposes of sex offender registries in use by Federal, State, and local law enforcement agencies as of the date of enactment of this Act, and how those methods differ from a risk-based sex offender classification system; (C) means by which information regarding the risk- based classification of sex offenders may be comprehensively and consistently disseminated to Federal, State, and local law enforcement agencies and the public; (D) opportunities available to sex offenders (especially those who are not under court supervision) to change their risk-based classification, including voluntary participation in sex offender treatment and monitoring programs; and (E) any negative consequences that have resulted from Megan's Law (Public Law 104-145; 110 Stat. 1345), and steps that might be taken to reduce such negative consequences. (3) Working groups.--The Chair shall designate 5 working groups within the Task Force, each of which shall conduct one of the following activities: (A) Survey the methods of risk classification used by each jurisdiction, as of the date of enactment of this Act, and identify changes to such methods that jurisdictions could implement to improve the efficiency, accuracy, and consistency of sex offender registries. (B) Research and analyze the effectiveness of the most recently developed tools available (as of the date of enactment of this Act) to assess the dangers posed by sex offenders and to classify sex offenders based on risk. (C) Identify the strengths and weaknesses of Federal, State, and local sex offender registration and notification procedures in use as of the day before the date of enactment of this Act, and propose methods to improve any such weaknesses. (D) Analyze Federal, State, and local law enforcement agency procedures for community notification regarding sex offenders (as of the date of enactment of this Act), and determine the most appropriate procedures to notify communities regarding sex offenders of varying risk-based classifications. (E) Develop a resource guide that Federal, State, and local law enforcement agencies may use to educate the public about the prevention of sex offenses, the dangers posed by sex offenders, the systems used to classify sex offenders, and the access and use of sex offender registries. (c) Membership.-- (1) In general.--The Task Force shall consist of 20 members, who shall be appointed by the Attorney General within 45 days after the date of enactment of this Act, and who shall include-- (A) the Chair; (B) one representative from each of the following: (i) the Safe NOW Project; (ii) the National Association to PROTECT Children; (iii) Parents For Megan's Law, Inc.; (iv) the Association for the Treatment of Sexual Abusers; (v) the National Sheriffs' Association; (vi) the National Association of Police Organizations; (vii) the American Probation and Parole Association; (viii) the American Psychological Association; (ix) the National Association of Criminal Defense Lawyers; (x) the Washington State Institute for Public Policy; (xi) the National Center for Missing and Exploited Children; (xii) the Office for Victims of Crime; (xiii) the Center for Sex Offender Management; (xiv) the National Law Enforcement and Corrections Technology Center; (xv) the Federal Bureau of Investigation; and (xvi) the Center for Disease Control and Prevention; and (C) three representatives of the academic community who specialize in risk assessment of sex offenders. (2) Selection criteria.--The Attorney General shall appoint to the Task Force a Chair and a diverse group of members who are knowledgeable in the fields of sex offender management, community education, risk assessment of sex offenders, and sex offender victim issues. (3) Terms; vacancies.--The term of office for members shall be for the life of the Task Force. A vacancy in the Task Force shall not affect the powers of the Task Force, and shall be filled in the same manner in which the original appointment was made. (4) Compensation.-- (A) Except as provided in subparagraph (B), the Chair and members of the Task Force shall be paid at the rate of $500 per day for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Task Force. (B) A member of the Task Force who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Task Force. (C) All members of the Task Force shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. (d) Meetings.-- (1) Frequency.--The Task Force shall meet not less than 4 times per year, at the call of the Chair. The Attorney General shall call the first meeting of the Task Force within 90 days after the date of the enactment of this Act, or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (2) Record.--The Task Force shall maintain records of an active roster of membership, meeting minutes, and any other information the Chair may require. (3) Public meetings; notice.--Task Force meetings shall be open to the public, except as determined otherwise by the Chair (or other official to whom the authority has been delegated by the Chair). Notice of all meetings shall be published in the Federal Register not later than 30 days before the date of such meeting. (4) Closed meetings.--No later than 7 days after any Task Force meeting (or a portion of such a meeting) is closed to the public, a report shall be prepared for the Attorney General by a designated member the Task Force who was present for the entirety of such meeting, which shall contain, at a minimum, a list of individuals present and the activities conducted at such closed meeting. SEC. 4. DEMONSTRATION PROGRAM. (a) In General.--The Task Force is authorized to carry out a demonstration program under which the Task Force shall award one grant to each of 5 selected jurisdictions to carry out the activities under subsection (b). (b) Program Activities.--A selected jurisdiction shall use a grant awarded under subsection (a) to-- (1) use the preliminary guidelines created by the Task Force under section 3(b) to implement a risk-based sex offender classification system to classify sex offenders registered in the jurisdiction's sex offender registry; (2) demonstrate the extent to which such preliminary guidelines provide for the successful implementation of an effective risk-based sex offender classification system; and (3) identify ways such preliminary guidelines may be improved to provide better guidance for the successful implementation of an effective risk-based sex offender classification system. (c) Applications.--A jurisdiction desiring to participate in the demonstration program shall submit an application to the Task Force at such time, in such manner, and containing such information as the Task Force may require. (d) Selection of Jurisdictions.-- (1) Not later than 9 months after the date of the first meeting of the Task Force, the Task Force shall select 5 jurisdictions to participate in the demonstration program from the applications received under subsection (c). (2) The Task Force shall develop criteria to select jurisdictions to participate in the demonstration program. In developing such criteria and selecting jurisdictions, the Task Force shall consider-- (A) the importance of the participation of demographically and geographically diverse jurisdictions in the demonstration program; and (B) the willingness and ability of jurisdictions to-- (i) collaborate with officials in such jurisdiction responsible for the management of sex offenders; (ii) report to the Task Force on the effectiveness of the preliminary guidelines created under section 3(b); (iii) provide recommendations to the Task Force regarding the improvement of such preliminary guidelines and the creation of final guidelines; and (iv) provide information about their participation in the demonstration program to other jurisdictions implementing a risk-based sex offender classification system. (e) Duration.--A grant awarded under this subsection shall be for the one-year period beginning on the date one year after the date of the first meeting of the Task Force, and shall not be renewable. (f) Assistance and Review.--The Task Force shall provide technical assistance as necessary to the jurisdictions selected to participate in the demonstration program, and shall document the demonstration program experience of each selected jurisdiction in the final report required under section 5. SEC. 5. REPORTS. (a) The Task Force shall provide to the Attorney General and to the relevant committees of Congress-- (1) not later than one year after the date of the first meeting of the Task Force, an initial report containing-- (A) preliminary guidelines for the establishment of a risk-based sex offender classification system to be used for the demonstration program under section 3; (B) a list of the jurisdictions selected to participate in such demonstration program; and (C) a summary of the activities conducted by, and the findings of, each working group under section 3(b)(3); and (2) not later than 6 months after the date of the expiration of the demonstration program grants made under section 4, a final report containing-- (A) final guidelines for the establishment of a risk-based sex offender classification system, as required under section 3(b); and (B) a summary of the information gathered through the demonstration program under section 4, including any information provided by the jurisdictions that participated in such program that was considered by the Task Force in the creation of the final guidelines under subparagraph (A). SEC. 6. TERMINATION OF TASK FORCE. The Task Force shall terminate 90 days after the final report under section 5 is provided to the Attorney General and the relevant committees of Congress. SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES. It is the sense of Congress that each jurisdiction should use the final guidelines created by the Task Force under this Act to implement a risk-based sex offender classification system to classify sex offenders registered in such jurisdiction's sex offender registry. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act (except for section 4), $1,000,000 for each of fiscal years 2007, 2008, and 2009. (b) Demonstration Program.--There are authorized to be appropriated such sums as may be necessary to carry out the demonstration program under section 4.

Safe NOW Act of 2006 - Establishes the National Sex Offender Risk Classification Task Force to create guidelines for a risk-based sex offender classification system. Authorizes the Task Force to carry out demonstration programs in five selected jurisdictions to: (1) use the Task Force's preliminary guidelines to implement such a system for their sex offender registries; and (2) identify ways to improve such guidelines. Expresses the sense of Congress that each state, federally recognized Indian tribe, and U.S. possession and territory should use final Task Force guidelines to implement such a system for its registry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Twenty-First Amendment Enforcement Act''. SEC. 2. SHIPMENT OF INTOXICATING LIQUOR INTO STATE IN VIOLATION OF STATE LAW. The Act entitled ``An Act divesting intoxicating liquors of their interstate character in certain cases'', approved March 1, 1913 (commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at the end the following: ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT. ``(a) Definitions.--In this section-- ``(1) the term `attorney general' means the attorney general or other chief law enforcement officer of a State, or the designee thereof; ``(2) the term `intoxicating liquor' means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind; ``(3) the term `person' means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and ``(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ``(b) Action by State Attorney General.--If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction or other order) against the person, as the attorney general determines to be necessary to-- ``(1) restrain the person from engaging, or continuing to engage, in the violation; and ``(2) enforce compliance with the State law. ``(c) Federal Jurisdiction.-- ``(1) In general.--The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. ``(2) Venue.--An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the intoxicating liquor resides or is found. ``(d) Requirements for Injunctions and Orders.-- ``(1) In general.--In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section. A proper showing under this paragraph shall require clear and convincing evidence that a violation of State law as described in subsection (b) has taken place. In addition, no temporary restraining order or preliminary injunction may be granted except upon-- ``(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and ``(B) evidence supporting the probability of success on the merits. ``(2) Notice.--No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing. ``(3) Form and scope of order.--Any preliminary or permanent injunction or other order entered in an action brought under this section shall-- ``(A) set forth the reasons for the issuance of the order; ``(B) be specific in its terms; ``(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and ``(D) be binding upon-- ``(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and ``(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise. ``(e) Additional Remedies.-- ``(1) In general.--A remedy under this section is in addition to any other remedies provided by law. ``(2) State court proceedings.--Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law. ``SEC. 3. GENERAL PROVISIONS. ``(a) Effect on Internet Tax Freedom Act.--Nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note). ``(b) Enforcement of Twenty-First Amendment.--It is the purpose of this Act to assist the States in the enforcement of section 2 of the twenty-first article of amendment to the Constitution of the United States, and not to impose an unconstitutional burden on interstate commerce in violation of article I, section 8, of the Constitution of the United States. No State may enforce under this Act a law regulating the importation or transportation of any intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of- State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. ``(c) Support for Internet and Other Interstate Commerce.--Nothing in this Act may be construed-- ``(1) to permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or ``(2) to authorize any injunction against-- ``(A) an interactive computer service (as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); or ``(B) electronic communication service (as defined in section 2510(15) of title 18, United States Code) used by another person to engage in any activity that is subject to this Act.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendment.--The amendment made by this Act shall apply only with respect to the importation or transportation of any intoxicating liquor occurring after-- (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of the enactment of this Act, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of the enactment of this Act if this Act is enacted after October 31, 1999. SEC. 4. STUDY. The Attorney General shall submit to the Congress the results of a study to determine the impact of this Act. The Attorney General shall carry out the study required by subsection (a) and shall submit the results of such study not later than 180 days after the date of the enactment of this Act. Passed the House of Representatives August 3, 1999. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Twenty-First Amendment Enforcement Act - Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law. Grants U.S. district courts jurisdiction over any action brought by a State AG against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State. Permits such an action to be brought only in accordance with Federal judicial code provisions regarding venue, or in the district in which the recipient of such liquor resides or is found. Authorizes the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order to restrain a violation. Specifies that a proper showing shall require clear and convincing evidence that a violation of State law regulating the importation or transportation of intoxicating liquor has taken place, and that no temporary restraining order or preliminary injunction may be granted except upon evidence: (1) demonstrating the probability of irreparable injury if injunctive relief is not granted; and (2) supporting the probability of success on the merits. Prohibits such issuance without notice to the adverse party and an opportunity for a hearing. Sets forth provisions regarding the form and scope of the order. Specifies that nothing in this Act may be construed to modify or supersede the operation of the Internet Tax Freedom Act. Prohibits any State from enforcing under this Act a law regulating the importation or transportation of intoxicating liquor that unconstitutionally discriminates against interstate commerce by out-of-State sellers by favoring local industries, erecting barriers to competition, and constituting mere economic protectionism. Provides that nothing in this Act may be construed to: (1) permit State regulation or taxation of Internet services or any other related interstate telecommunications services; or (2) authorize any injunction against an interactive computer service or against an electronic communication service used by another person to engage in any activity that is subject to this Act. (Sec. 3) Provides that the amendment made by this Act shall apply only with respect to the importation or transportation of intoxicating liquor occurring after: (1) October 31, 1999, or the expiration of the 90-day period beginning on the date of this Act's enactment, whichever is earlier, if this Act is enacted before November 1, 1999; or (2) the date of this Act's enactment if this Act is enacted after October 31, 1999. (Sec. 4) Directs the Attorney General to conduct and report to Congress on the impact of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2012''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, landscaping, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating paragraphs (4) through (12) and paragraphs (13) through (17) as paragraphs (5) through (13) and paragraphs (15) through (19), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation, replacement, or repair activity that-- ``(A) was not planned; and ``(B) results from a sudden, unexpected event that, if not immediately attended to-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.--The term `lead-based paint' means paint or other surface coatings that contain lead-- ``(A) in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight; or ``(B) in the case of paint or other surface coatings on target housing, the lower level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Post-abatement clearance testing.--The term `post- abatement clearance testing' means a test that-- ``(A) is carried out on the completion of any lead- based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-contaminated dust hazards remain in the dwelling unit or worksite; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from the dwelling or worksite.''; and (6) by adding at the end the following: ``(20) Test kit.--The term `test kit' means a chemical test that has the ability to determine the presence of lead in a paint chip, paint powder, or painted surface at a level that is equal to or in excess of-- ``(A) 1.0 milligrams per centimeter squared; or ``(B) 0.5 percent by weight.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978, the Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in the target housing or public or commercial buildings constructed before 1978-- ``(i) are exposed to lead in the conduct of those activities; or ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis. ``(B) Completion.--The Administrator shall complete each study under subparagraph (A) and publish the results of that study not later than 1 year prior to proposing any new regulation applicable to a structure or dwelling described in subparagraph (A).''; (2) in paragraph (3)-- (A) in the first sentence, by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; (B) in the second sentence, by striking ``In determining'' and inserting the following: ``(B) Use of study.--In determining''; (C) in the third sentence, by striking ``If the Administrator'' and inserting the following: ``(C) Determination of administrator.--If the Administrator''; and (D) by adding at the end the following: ``(D) Exemption.--An emergency renovation shall be exempt from any regulation promulgated by the Administrator under this paragraph. ``(E) Prohibition on post-abatement clearance requirement.--No regulation promulgated by the Administrator under this paragraph shall require post- abatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph and subject to subparagraph (B), in promulgating any regulation relating to renovation or remodeling activities in target housing in which the owner resides, the Administrator shall include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with that regulation. ``(B) Restriction.--The Administrator shall only permit an owner of target housing to forgo compliance with a regulation under this paragraph if-- ``(i) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(ii) the owner submits to the renovation or remodeling contractor written certification that-- ``(I) the renovation or remodeling project is to be carried out at the target housing of the owner; ``(II) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(III) the owner acknowledges that, in carrying out the project, the renovation or remodeling contractor will be exempt from employing the work practices required by a regulation promulgated under this subsection. ``(C) Limitation of contractor liability.--A contractor that receives written certification described in subparagraph (B)(ii) shall be exempt from liability resulting from any misrepresentation of the owner of the target housing. ``(5) Test kits.-- ``(A) In general.--In making a certification determination under this subsection, the Administrator shall allow contractors to use commercially available lead-based paint test kits that comply with the positive and negative response criteria established by the Administrator. ``(B) Test kit approval.-- ``(i) In general.--The Administrator shall establish a process by which the Administrator shall identify and approve a test kit that-- ``(I) meets the criteria described in subparagraph (A); ``(II) is inexpensively and commercially available; ``(III) does not require special training to use the test kit; and ``(IV) enables users to determine the presence of lead at the job site in accordance with the criteria described in subparagraph (A) without the need for off-site laboratory analysis. ``(ii) Suspension of regulations.-- ``(I) In general.--If the Administrator is unable to determine that 1 or more test kits under clause (i) exists, the Administrator shall suspend the implementation of any applicable regulation under this subsection relating to renovation or remodeling, except for owners described in paragraph (4)(B), until the date on which the Administrator-- ``(aa) identifies and approves 1 or more test kits under clause (i); and ``(bb) publishes in the Federal Register notice of that identification and approval. ``(II) Duration.--The Administrator shall remove the suspension under this clause not earlier than 45 days after the date on which notification of the identification and approval of the test kit is published in the Federal Register in accordance with subclause (I)(bb). ``(III) Applicability.--This clause shall-- ``(aa) only apply to regulations that permit an owner of target housing to authorize a renovation or remodeling contractor to forego compliance with the regulation; and ``(bb) not affect any other regulation issued under this subsection. ``(6) Applicability of certain penalties.--Any regulation promulgated by the Administrator under this section requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from penalty for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--Subsection (a)(2)(D) shall not apply to any certified renovator recertification course that is accredited by the Environmental Protection Agency.''.

Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of "lead-based paint" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.

SECTION 1. SHORT TITLE. This Act may be cited as the ``William H. Gray, III, College Completion Challenge Grant Program of 1999''. SEC. 2. PROGRAM AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1132a et seq.) is amended by adding at the end thereof the following new chapter: ``CHAPTER 4--WILLIAM H. GRAY, III, COLLEGE COMPLETION CHALLENGE GRANT PROGRAM ``SEC. 408A. FINDINGS. ``Congress makes the following findings: ``(1) Students from low-income families are significantly more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes. ``(2) Even among students with above average grades, low- income students are still more likely to leave a 4-year institution of higher education without a baccalaureate degree than are students with higher incomes, especially low-income students enrolled at private institutions. ``(3) This lack of persistence to completion of a baccalaureate degree continues to contribute to the gap in educational attainment and ultimate income levels between disadvantaged students and their more affluent classmates. ``(4) While the focus of Federal student financial assistance and higher education programs has traditionally been to ensure access to postsecondary education, the Federal Government should expand its role in student financial assistance programs for postsecondary education to address this lack of persistence to baccalaureate degree completion. ``(5) The amount of grant assistance provided to postsecondary students is critical to their persistence and degree attainment. ``(6) In addition to economic disadvantage, the following factors significantly contribute to a student dropping out of a 4-year institution of higher education: ``(A) A delayed entry into postsecondary education after graduating from high school. ``(B) A low grade point average. ``(C) Working full-time while enrolled. ``(D) Being a first-generation college student. ``(E) Being less engaged with an academic program. ``(7) Most students who drop out of college, particularly those at the greatest risk of leaving their programs of study without a baccalaureate degree, do so during the first 2 years of study. ``(8) At-risk students who receive targeted academic support services persist to degree completion at higher rates than at-risk students who do not receive such services. ``(9) Educators interested in student retention have long viewed intensive academic summer programs for incoming first- year students as very important in helping students from disadvantaged backgrounds become acclimated to college life and in improving retention. ``SEC. 408B. PURPOSE AND PROGRAM AUTHORITY. ``(a) Purpose.--The purpose of this program is to assist institutions of higher education to help students who are at risk of ending their postsecondary education prior to obtaining baccalaureate degrees, particularly those who are economically disadvantaged, to stay in school until they obtain those degrees. ``(b) Program Authorized.--From funds appropriated pursuant to section 408G for each fiscal year, the Secretary is authorized, in accordance with the requirements of this chapter, to award competitive grants to eligible institutions to enable them to pay the Federal share of the costs of carrying out programs designed to meet the purpose of this chapter. ``(c) Duration of Grant.--A grant made under this chapter shall be awarded for a period of 3 years. ``SEC. 408C. INSTITUTIONAL ELIGIBILITY. ``(a) In General.--An institution of higher education is eligible to receive a grant under this chapter if the institution-- ``(1) meets the requirements of section 102; and ``(2) awards baccalaureate degrees, or, subject to subsection (b)(1), associate degrees. ``(b) Limitations.-- ``(1) Associate degree-granting institutions.--An eligible applicant that awards only associate degrees may apply for a grant under this chapter only as part of a consortium that includes one or more institutions of higher education that awards baccalaureate degrees. ``(2) Multiple grants.--An institution that receives a grant under this chapter may compete to receive a subsequent grant, but may not receive more than two grants under this chapter. ``SEC. 408D. APPLICATION PROCESS. ``(a) In General.-- ``(1) ____.--Each eligible applicant that desires a grant under this chapter shall submit to the Secretary an application for that grant at such time and containing such information as the Secretary may prescribe. ``(2) Demonstration of prior commitment.--In order to receive a grant under this chapter, an applicant shall demonstrate in its application, to the satisfaction of the Secretary, its successful prior commitment to the purposes of this chapter, through the prior support of at least one of the activities described in section 408E(a). ``(b) Matching Requirement.-- ``(1) In general.--The Federal share of the cost of programs assisted under this chapter shall not be more than 50 percent, and the matching funds shall be from non-Federal sources. ``(2) Consortia.--The Secretary may establish in regulations the matching requirement applicable to a consortium of institutions in which some of the institutions are eligible for a waiver of the matching requirement pursuant to section 395 or section 515. ``(c) Coordination Requirement.--Each eligible institution shall ensure that the activities provided under this chapter are, to the extent practicable, coordinated with, complement, and enhance related services under other Federal and non-Federal programs, and do not duplicate the services already provided at that institution. ``(d) Supplement, Not Supplant.--Funds under this chapter shall be used to supplement, and not supplant, non-Federal funds expended for existing programs. ``SEC. 408E. AUTHORIZED ACTIVITIES. ``(a) In General.--An eligible institution that receives a grant under this chapter shall, except as provided in subsection (b), use the grant to provide services or assistance to students at risk of leaving their programs of study without baccalaureate degrees, particularly economically disadvantaged students, by carrying out one or more of the following: ``(1) Implementing an intensive summer program for incoming first-year students (or students entering their second or third year of postsecondary education if the institution can demonstrate that it is addressing the needs of first-year students and that a summer program could help retention of second- or third-year students at risk of dropping out), provided that the institution demonstrates in its application that it has a strong commitment to student retention through additional activities. ``(2) Developing a strong student support service program, targeted to students in their first 2 years of postsecondary education, that includes activities such as-- ``(A) peer tutoring; ``(B) mentoring programs involving faculty and upper class students; ``(C) activities to assist students currently enrolled in a 2-year institution to secure admission and financial assistance in a 4-year program of postsecondary education; ``(D) activities to assist students in securing admission and financial assistance for enrollment in graduate and professional programs; and ``(E) assistance in course selection. ``(3) Providing grants to students in their first 2 years of postsecondary education, in an amount not less than required under subsection (c), except that a recipient that provides grants under this paragraph shall also provide services under paragraphs (1) or (2), or both. ``(b) Special Rule.--A recipient of funds under this chapter may serve students who have completed their first 2 years of postsecondary education if it demonstrates in its application, to the satisfaction of the Secretary, that-- ``(1) these students are at high risk of dropping out; and ``(2) it will first meet the needs of all its eligible first- and second-year students for services under this chapter. ``(c) Grant Size.-- ``(1) In general.--The Secretary may, by regulation, establish minimum student grant award levels for purposes of subsection (a)(3), taking into account such factors as the different costs of attendance associated with public and private institutions. ``(2) Exception.--If the Secretary does not establish minimum student grant award levels under paragraph (1), or if an institution wishes to provide grants under subsection (a)(3) in an amount less than the minimum set by the Secretary, the institution shall demonstrate in its application, to the satisfaction of the Secretary, that the size of the grants it will provide is appropriate and likely to have a significant effect on the persistence problem at that institution. ``SEC. 408F. RELATION TO OTHER FINANCIAL ASSISTANCE. ``A grant provided to a student by an eligible institution from an award made under this chapter shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined by section 472. ``SEC. 408G. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $35,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years.-- ``(b) Special Rule.--From the amounts appropriated under subsection (a) for any fiscal year, the Secretary may reserve up to 1 percent of such amount for that fiscal year in order to carry out an evaluation of the program authorized by this chapter.''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall be effective on October 1, 1999.

Authorizes the Secretary of Education to make competitive matching grants to such institutions or consortia (which may include associate degree-granting institutions belonging to a consortium that also includes baccalaureate degree- granting institutions). Limits to two the number of such grants to any institution. Requires institutions to use grant funds to provide services or assistance to students, particularly economically disadvantaged students, at risk of leaving their programs of study without baccalaureate degrees. Requires this to be done through one or both of the following: (1) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students); and (2) student support service programs, targeted to students in their first two years of postsecondary education. Allows institutions, if they carry out either or both of those required programs, to use such funds also for grants to students in their first two years of postsecondary education. Allows use of such funds to serve students who have completed their first two years of postsecondary education if they are at-risk and the institution will first meet the needs of all its eligible first- and second-year students for services under this Act. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Innovation Pilot Program of 2006''. SEC. 2. FINDINGS. Congress finds-- (1) the 2005 ``State of Black America Report'' issued by the National Urban League finds a significant level of ``equality gaps'' between African Americans and Whites, with the median net worth of an African-American family is $6,100, compared with $67,000 for a white family; (2) in 2005, the African American unemployment rate was 9.5 percent and the Hispanic unemployment rate was 6 percent, well above the national average of 4.7 percent; (3) African Americans account for 12.3 percent of the United States population and only 4 percent of all United States businesses, Hispanic Americans represent 12.5 percent of the United States population and approximately 6 percent of all United States businesses, Native Americans account for approximately 1 percent of the United States population and .9 percent of all United States businesses; (4) entrepreneurship has proven to be an effective tool for economic growth and viability of all communities; (5) fostering minority owned businesses is a key ingredient for economic development in the minority community, an effective tool for creating lasting and higher-paying jobs, and a source of creating wealth in the minority community; and (6) between 1987 and 1997, revenue from minority owned businesses rose by 22.5 percent, an increase equivalent to an annual growth rate of 10 percent, and employment opportunities within minority owned firms increased by 23 percent. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Hispanic serving institution'' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (3) the term ``historically Black college and university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (4) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); (5) the term ``small business development center'' has the same meaning as in section 21 of the Small Business Act (15 U.S.C. 648); and (6) the term ``Tribal College'' has the meaning given the term ``tribally controlled college or university'' in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). SEC. 4. MINORITY ENTREPRENEURSHIP AND INNOVATION GRANTS. (a) In General.--The Administrator shall make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions-- (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for placement of small business development centers on the physical campus of the institution. (b) Curriculum Requirement.--An institution of higher education receiving a grant under this section shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including-- (1) business management and marketing, financial management and accounting, market analysis and competitive analysis, innovation and strategic planning; and (2) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (c) Small Business Development Center Requirement.--Each institution receiving a grant under this section shall open a small business development center that-- (1) performs studies, research, and counseling concerning the management, financing, and operation of small business concerns; (2) performs management training and technical assistance regarding the participation of small business concerns in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information; (3) offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and (4) promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long-term growth for its small business concern and entrepreneur clients. (d) Grant Limitations.--A grant under this subsection-- (1) may not exceed $1,000,000 per fiscal year for any 1 institution of higher education; (2) may not be used for any purpose other than those associated with the direct costs incurred to develop and implement a curriculum that fosters entrepreneurship and the costs incurred to organize and run a small business development center on the grounds of the institution; and (3) may not be used for building expenses, administrative travel budgets, or other expenses not directly related to the implementation of the curriculum or activities authorized by this Act. (e) Exception From Small Business Act Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) do not apply to assistance made available under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $24,000,000, to remain available until expended, for each of fiscal years 2007 and 2008. (g) Report.--Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the award and use of grants under this section during the preceding fiscal year, which shall include-- (1) a description of each entrepreneurship program developed with grant funds, the date of the award of such grant, and the number of participants in each such program; (2) the number of small business concerns assisted by each small business development center established with a grant under this section; and (3) data regarding the economic impact of the small business development center counseling provided under a grant under this section. (h) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.

Minority Entrepreneurship and Innovation Pilot Program of 2006 - Directs the Administrator of the Small Business Administration to make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for the placement of small business development centers on the physical campus of the institution. Requires an institution of higher education receiving a grant to: (1) develop a curriculum that includes training in various skill sets needed by successful entrepreneurs; and (2) open a small business development center. Limits this pilot program to two fiscal years, and a grant to $1 million per fiscal year for any one institution of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens' Freedom to Work Act of 2017''. SEC. 2. REPEAL OF THE RETIREMENT EARNINGS TEST. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) by redesignating subsections (c), (e), (g), and (l) as subsections (b), (c), (d), and (e), respectively; (2) in subsection (b) (as so redesignated)-- (A) by striking ``Noncovered Work Outside the United States or''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``paragraphs (2), (3), and (4) of''; and (D) by striking the last sentence. (3) in subsection (c) (as so redesignated), by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (4) in subsection (d) (as so redesignated), by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (5) in subsection (e) (as so redesignated), by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. (c) Additional Conforming Amendments.-- (1) Provisions relating to benefits terminated upon deportation.--Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203(b), (c), and (d)'' and inserting ``Section 203(b)''. (2) Provisions relating to exemptions from reductions based on early retirement.--Section 202(q) of such Act (42 U.S.C. 402(q)) is amended-- (A) in paragraph (5)(B), by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''; and (B) in paragraph (7)(A), by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens' Freedom to Work Act of 2017) or deductions under section 222(b)''. (3) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child's insurance benefits.--Section 202(s) of such Act (42 U.S.C. 402(s)) is amended-- (A) in paragraph (1), by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''; and (B) in paragraph (3), by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (4) Provisions relating to suspension of aliens' benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (5) Provisions relating to reductions in benefits based on maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (6) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 (as in effect on the day before the date of the enactment of the Senior Citizens' Freedom to Work Act of 2017) for purposes of deductions from benefits on account of work''. (7) Provisions taking into account earnings in determining benefit computation years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (8) Provisions relating to rounding of benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (9) Provisions defining income for purposes of ssi.-- Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (A) in paragraph (1)(A), by striking ``as determined under section 203(f)(5)(C)'' and inserting ``as defined in the last two sentences of this subsection''; and (B) by adding at the end (after and below paragraph (2)(H)) the following: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer.''. (d) Repeal of Deductions on Account of Work Under the Railroad Retirement Program.-- (1) In general.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended-- (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments.-- (A) Section 3(f)(1) of such Act (45 U.S.C. 231b(f)(1)) is amended in the first sentence by striking ``before any reductions under the provisions of section 2(f) of this Act,''. (B) Section 4(g)(2) of such Act (45 U.S.C. 231c(g)(2)) is amended-- (i) in clause (i), by striking ``shall, before any deductions under section 2(g) of this Act,'' and inserting ``shall''; and (ii) in clause (ii), by striking ``any deductions under section 2(g) of this Act and before''. (e) Effective Date.--The amendments made by this section shall apply with respect to taxable years ending after December 31, 2018.

Senior Citizens' Freedom to Work Act of 2017 This bill amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to remove limitations on the amount of outside income that an OASDI beneficiary may earn without incurring a reduction in benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood-Affected States Assistance Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Designated.--The term ``designated'' means-- (A) with respect to a State or a political subdivision of a State, that the President declared, between April 1, 1993, and August 1, 1993, that a major disaster or emergency exists under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the State or political subdivision as a result of the widespread flooding in the Midwest in 1993; and (B) with respect to an individual or a family, that the individual or family resides in a designated State or a designated political subdivision of a State described in subparagraph (A). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State agency.--The term ``State agency'' means-- (A) with respect to part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); (B) with respect to part F of title IV of such Act (42 U.S.C. 681 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); and (C) with respect to title XIX of such Act (42 U.S.C. 1396 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 1902 of such Act (42 U.S.C. 1396a). SEC. 3. ENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR SERVICES FURNISHED TO CERTAIN INDIVIDUALS. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to amounts expended by a State as medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.) for services furnished during the 2-year period beginning July 1, 1993, to any designated individual, the Federal medical assistance percentage for such State shall be 83 percent. SEC. 4. DISREGARD OF CERTAIN DONATED ITEMS AND TEMPORARY FINANCIAL ASSISTANCE WHEN DETERMINING ELIGIBILITY FOR BENEFITS UNDER THE AFDC AND MEDICAID PROGRAMS. Notwithstanding any other provision of law, an amount equal to the amount of, or value of, a donation or temporary financial assistance (including cash and in-kind services) provided by the Federal Government, a State, a political subdivision of a State, or a private person to a designated individual or designated family as disaster assistance (including assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) as a result of the widespread flooding in the Midwest in 1993 shall be excluded from a determination of income or resources made by a State agency pursuant to a State plan under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under title XIX of such Act (42 U.S.C. 1396 et seq.). SEC. 5. INDIVIDUAL AND FAMILY GRANT PROGRAM. (a) Federal Payment.--Notwithstanding subsection (b) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178), for the 2-year period beginning April 1, 1993, the Federal share of any grant made under such section to a designated individual or a designated family shall be equal to 100 percent of the actual cost incurred. (b) Administrative Cost Limit Waived.--For the 2-year period beginning on April 1, 1993, the 5 percent limitation applicable to administrative expenses under subsection (d) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178) shall not apply in the case of any grant made to a designated individual or a designated family. SEC. 6. EXTENSION OF SUBMISSION DEADLINE FOR CERTAIN AFDC AND JOBS PROGRAM REPORTS. Notwithstanding any other provision of law, with respect to any designated State, each report relating to the State plan that the State agency is required to file with the Secretary under parts A and F of title IV of the Social Security Act (42 U.S.C. 601 et seq. and 681 et seq.) not later than September 30, 1993, shall not be required to be filed until December 31, 1993. SEC. 7. TEMPORARY SUSPENSION OF CERTAIN STATE QUALITY CONTROL FUNCTIONS. Notwithstanding any other provision of law, during the period beginning on September 1, 1993, and ending on February 28, 1994, for each designated State-- (1) the State agency of the State shall not be required to carry out quality control requirements under section 408 of the Social Security Act (42 U.S.C. 608) and section 1903(u) of such Act (42 U.S.C. 1396b(u)); (2) the error rate for the State determined under subsection (d) of section 408 of such Act (42 U.S.C. 608) shall be deemed to be zero; and (3) the ratio of the State's erroneous excess payments for medical assistance to the State's total expenditures for medical assistance under the State plan approved under title XIX of such Act (42 U.S.C. 1396 et seq.) determined under subsection (u) of section 1903 of such Act (42 U.S.C. 1396b) shall be deemed to be zero. SEC. 8. COMPLIANCE WITH REQUIREMENTS RELATING TO CHILD SUPPORT DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEMS. Notwithstanding section 454(16) of the Social Security Act (42 U.S.C. 654(16)) or any other provision of law, a designated State shall be deemed to be in compliance with any requirements under part D of title IV of such Act (42 U.S.C. 651 et seq.) relating to the State's statewide automated data processing and information retrieval system for purposes of payments under section 455(a)(1)(B) of such Act (42 U.S.C. 655(a)(1)(B)) until December 1, 1993. SEC. 9. ENHANCED FEDERAL MATCH FOR CERTAIN NEW ELIGIBLES. (a) In General.--Notwithstanding any other provision of law, for the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State under a program described in subsection (b) shall be 100 percent of such expenses attributable to any unanticipated newly eligible individuals (as defined in subsection (c)). (b) Programs Described.--For purposes of subsection (a), a program described in this subsection is a State program operated in accordance with a State plan approved under part A, D, or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 651 et seq., or 670 et seq.), or title XIX of such Act (42 U.S.C. 1396 et seq.). (c) Definition.--For purposes of subsection (a), the term ``unanticipated newly eligible individuals'' means individuals who became eligible for a program described in subsection (b) on or after July 1, 1993, and who are in excess of the number of individuals anticipated by the Secretary to become eligible for such program during the period referred to in subsection (a) based on the rate of increase in eligible individuals for such program before the widespread flooding in the Midwest in 1993. SEC. 10. ENHANCED FEDERAL MATCH FOR TRANSITIONAL HOUSING SPECIAL NEEDS UNDER THE AFDC PROGRAM. Notwithstanding section 403(a) of the Social Security Act (42 U.S.C. 603(a)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State providing transitional housing special needs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to any designated individual or designated family shall be 100 percent. SEC. 11. ENHANCED FEDERAL MATCH FOR JOBS PROGRAM. Notwithstanding section 403(l) of the Social Security Act (42 U.S.C. 603(l)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual who participates in the jobs program under part F of the title IV of the Social Security Act (42 U.S.C. 681 et seq.) shall be 100 percent. SEC. 12. ENHANCED FEDERAL MATCH FOR EMERGENCY ASSISTANCE FURNISHED TO FAMILIES WITH CHILDREN. Notwithstanding section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual or a designated family receiving emergency assistance to families with children (without regard to the 30-day limitation for receipt of such aid in any 12-month period under section 406(e)(1) of such Act (42 U.S.C. 606(e)(1))) shall be 100 percent. SEC. 13. ENHANCED FEDERAL MATCH FOR CERTAIN OPTIONAL MEDICAL SERVICES. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to services covered under the State plan of any designated State under title XIX of such Act (42 U.S.C. 1396 et seq.) at the option of such State which are furnished to a designated individual and paid for by a county of such State in accordance with State law, the Federal medical assistance percentage during the 2-year period beginning July 1, 1993, shall be 100 percent. SEC. 14. PERMANENT ENHANCED FEDERAL MATCH UNDER THE INDIVIDUAL AND FAMILY GRANT PROGRAMS FOR STATES FREQUENTLY DECLARED TO BE DISASTER AREAS. Section 411(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178(b)) is amended-- (1) in paragraph (1), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; (2) in paragraph (2), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; and (3) by adding at the end the following new paragraph: ``(3) Enhanced federal share under certain circumstances.-- If the President has declared a major disaster to exist under this Act in more than one-third of the counties in a State in 2 of the previous 5 calendar years, the Federal share of a grant to an individual or a family under this section shall be equal to 100 percent of the actual cost incurred.''.

Flood-Affected States Assistance Act of 1993 - Provides for an enhanced Federal medical assistance match for services furnished under Medicaid (title XIX of the Social Security Act (SSA)) to individuals residing in major disaster areas resulting from the widespread flooding in the Midwest in 1993 (Midwest flood areas). Disregards certain donated items and temporary financial assistance when determining eligibility for benefits under the Aid to Families with Dependent Children (AFDC) (SSA title IV part A) and Medicaid programs. Provides for a greater Federal share of grants to individuals and families residing in Midwest flood areas. Waives certain administrative costs involved in such grants. Extends the submission deadline for certain AFDC and JOBS (Job Opportunities and Basic Skills Training Program) (SSA title IV part F) program reports. Suspends temporarily certain State quality control functions. Deems States in Midwest flood areas to be in compliance with requirements under SSA title IV part D (Child Support and Establishment of Paternity) relating to child support data processing and information retrieval systems. Provides for an enhanced Federal match for: (1) individuals in Midwest flood areas who are newly eligible for Medicaid or certain State welfare programs; (2) the transitional housing special needs of such individuals under AFDC; (3) emergency assistance furnished to families in Midwest flood areas with children; (4) JOBS program participants in Midwest flood areas; and (5) certain optional Medicaid services furnished to individuals in Midwest flood areas. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for a permanent enhanced Federal match under the individual and family grant program for States frequently declared to be disaster areas.

SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph), increased by qualified dividend income. ``(B) Qualified dividend income.--For purposes of this paragraph-- ``(i) In general.--The term `qualified dividend income' means dividends received from domestic corporations during the taxable year. ``(ii) Certain dividends excluded.--Such term shall not include-- ``(I) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(II) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and ``(III) any dividend described in section 404(k). ``(iii) Minimum holding period.--Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met. ``(C) Special rules.-- ``(i) Amounts taken into account as investment income.--Qualified dividend income shall not include any amount which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(ii) Nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(I) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of amounts which are effectively connected with the conduct of a trade or business within the United States, and ``(II) in determining the tax imposed for the taxable year pursuant to section 877. ``(iii) Treatment of dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of dividends from regulated investment companies and real estate investment trusts, see sections 854 and 857.'' (b) Exclusion of Dividends From Investment Income.--Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining net investment income) is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.'' (c) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of the Internal Revenue Code of 1986 (relating to dividends received from regulated investment companies) is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code (relating to other dividends) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the aggregate dividends received by a regulated investment company during any taxable year is less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.'' (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (d) Treatment of Dividends Received From Real Estate Investment Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating to restrictions applicable to dividends received from real estate investment trusts) is amended to read as follows: ``(c) Restrictions Applicable To Dividends Received From Real Estate Investment Trusts.--For purposes of section 1(h)(13) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered a dividend.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Privatization and Outsourcing Moratorium Act''. SEC. 2. MORATORIUM ON PRIVATIZATION AND OUTSOURCING OF DEPARTMENT OF DEFENSE FUNCTIONS. (a) Findings.--Congress finds the following: (1) There is conflicting evidence that the current privatization and outsourcing efforts of the Department of Defense, including the Departments of the Army, Navy, and Air Force, are reducing the cost of support functions within the Department. (2) Typically, these privatization and outsourcing efforts result in contractors simply replacing civilian employees of the Department at lower initial costs, but higher longer-term costs, while stagnating organizational improvements that would otherwise result in greater efficiencies and effectiveness. (3) Recent and current privatization and outsourcing efforts in some cases appear to have created serious oversight and accountability problems for the Department. (4) The Department, as a general practice, has adjusted the operating budgets of the Armed Forces and specific military installations to reflect savings anticipated as a result of Office of Management and Budget Circular A-76 studies and subsequent privatization and outsourcing activities. (5) The massive drawdowns in the size of the Armed Forces during the 1990's and the restructuring of military installations through the base closure process have created a climate in which making accurate decisions concerning privatization and outsourcing are further complicated due to the dynamic nature of the civilian workforce of the Department. (6) The Department should pursue alternatives to the privatization and outsourcing approach conducted under the A-76 process, such as ``Strategic Sourcing'', to find its most efficient organization to perform commercial or industrial type functions. (b) Moratorium.--(1) Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2475. Moratorium on privatization and outsourcing ``(a) Moratorium.--(1) During the period specified in subsection (b), any commercial or industrial type function of the Department of Defense that, as of the date of the enactment of this section, is being performed by Department of Defense civilian employees may not be changed to performance by the private sector. ``(2) The moratorium applies to a function even though, as of the date of the enactment of this section, the function-- ``(A) is the subject of a study or report under section 2461 of this title for conversion to contractor performance; or ``(B) is being considered for such conversion under the procedures and requirements of Office of Management and Budget Circular A-76. ``(3) As part of the moratorium, the Secretary of Defense shall order the suspension of any study being conducted under section 2461 of this title or Office of Management and Budget Circular A-76 regarding a commercial or industrial type function of the Department. New studies regarding such a function at a military installation may not be commenced under such section or circular during the period of the moratorium. ``(b) Duration of Moratorium.--The moratorium imposed under subsection (a) begins on the date of the enactment of this section and shall continue until the end of the five-year period beginning on the date the Secretary of Defense certifies to Congress that all actions necessary to carry out the 1995 round of base closures and realignments have been completed under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). ``(c) Exception.--The moratorium imposed under subsection (a) does not apply to a commercial or industrial type function of the Department of Defense that is being converted, or is being considered for conversion, to performance by the private sector under a Strategic Sourcing or Business Process and Re-engineering plan of the Department. ``(d) Report Evaluating Conversion to Contractor Performance.--(1) Not later than 18 months after the date of the enactment of this section, the Secretary of Defense shall submit to Congress a report evaluating-- ``(A) each conversion of a commercial or industrial type function of the Department of Defense to contractor performance that was carried out, in whole or in part, since October 1, 1996; and ``(B) each commercial or industrial type function of the Department that was considered, since that date, for conversion to contractor performance under section 2461 of this title or Office of Management and Budget Circular A-76, but that was not converted. ``(2) At a minimum, the report shall contain the following information for each function covered by the report: ``(A) The code, title, and actual functions performed by civilian employees of the Department. ``(B) The cost to study the function for possible conversion. ``(C) The number of civilian employees affected. ``(D) The personnel cost of the conversion, including costs resulting from reduction in force, retirement, retraining and other movement and separation costs. ``(E) The cost and identity of materials, equipment and facilities provided contractors in conversion to contractor performance. ``(F) The cost of the initial contract, the number of employees expected to perform the function, and variants in each thereafter. ``(3) The report shall also contain the following aggregate information for the functions covered by the report: ``(A) The average annual costs or savings associated with all Department conversions to contractor performance. ``(B) The overall average annual costs or savings resulting from efficiencies achieved in Department functions described in paragraph (1)(B). ``(e) Effect of Moratorium on Operating Budgets.--On account of the moratorium imposed under subsection (a), the Secretary of Defense shall provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that the operating budgets of the armed forces and many military installations were reduced, before the start of the moratorium, to reflect future savings anticipated as a result of completing the A-76 competitive study process and converting to contractor performance those commercial and industrial type functions of the Department of Defense that are now subject to the moratorium.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2475. Moratorium on privatization and outsourcing.''.

Requires the Secretary to report to Congress evaluating: (1) each conversion that was carried out since October 1, 1996; and (2) each function that was considered for conversion since such date, but not converted. Directs the Secretary, on account of such moratorium, to provide for an adjustment in the operating budgets of the armed forces and military installations to compensate for the fact that such budgets were previously reduced to reflect savings anticipated from the conversion of such functions to private sector performance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Enforcement Act'' or ``Green 301 Act''. SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS. Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii)(V), by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new clause: ``(iv) constitutes a persistent pattern of conduct that-- ``(I) fails to effectively enforce the environmental laws of a foreign country; ``(II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws; ``(III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country; ``(IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or ``(V) fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party.''. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. ``(a) Identification.-- ``(1) In general.--The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. ``(2) Factors.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the strength of the connection between trade and the negative environmental impact; ``(B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and ``(C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. ``(3) Consultation.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. ``(b) Report.-- ``(1) In general.--Not later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). ``(2) Matters to be included.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and ``(B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item: ``Sec. 311. Identification of foreign country trade practices that negatively affect the environment.''.

Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the U.S. Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively. Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Benefits and Economic Welfare Improvement Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Military transition program. Sec. 3. Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs. Sec. 4. Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals. Sec. 5. Exclusion of certain amounts from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans. Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain income information from other agencies. Sec. 7. VetStar Award program. Sec. 8. Increase in amount of pension for Medal of Honor recipients. Sec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010. SEC. 2. MILITARY TRANSITION PROGRAM. (a) In General.--Chapter 41 of title 38, United States Code, is amended by inserting after section 4114 the following new section: ``Sec. 4115. Military transition program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs and the Assistant Secretary of Labor for Veterans' Employment and Training shall jointly carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran whom the Secretary of Veterans Affairs determines-- ``(A) is not otherwise eligible for education or training services under this title; ``(B) has not acquired a marketable skill since being separated or released from service in the Armed Forces; ``(C) was discharged under honorable conditions; and ``(D)(i) has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) during such 180-day period received a maximum hourly rate of pay of not more than 150 percent of the Federal minimum wage. ``(b) Apprenticeship or On-the-Job Training Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on- the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Assistant Secretary of Labor for Veterans' Employment and Training reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will continue to employ the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Assistant Secretary of Labor for Veterans' Employment and Training shall enter into contracts with employers to provide programs of apprenticeship or on-the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in paragraph (2) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate or $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Assistant Secretary of Labor for Veterans' Employment and Training may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the aggregate amount paid with respect to such veteran may not exceed $20,000 and the maximum number of months of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Assistant Secretary of Labor for Veterans' Employment and Training on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Assistant Secretary may specify. Such report shall be submitted in the form and manner required by the Assistant Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year for which the program is carried out. ``(e) Reporting.--The Secretary of Veterans Affairs, in coordination with the Assistant Secretary of Labor for Veterans' Employment and Training, shall include a description of activities carried out under this section in the annual report prepared submitted under section 529 of this title. ``(f) Termination.--The authority to carry out a program under this section shall terminate on September 30, 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4114 the following new item: ``4115. Military transition program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 4115''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 4115''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 4115''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide-- ``(A) the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and ``(B) expeditious treatment to such claim. ``(2) If a person submits to the Secretary any written notification sufficient to inform the Secretary that the person plans to submit a fully developed claim and, not later than one year after submitting such notification submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide expeditious treatment to the claim. ``(3) If the Secretary determines that a claim submitted by a claimant as a fully developed claim is not fully developed, the Secretary shall provide such claimant with the notice described in section 5103(a) within 30 days after the Secretary makes such determination. ``(4) For purposes of this section: ``(A) The term `fully developed claim' means a claim-- ``(i) for which the claimant-- ``(I) received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or ``(II) submits, together with the claim, an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and ``(ii) for which the claimant or the claimant's representative, if any, each signs, dates, and submits a certification in writing stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated. ``(B) The term `expeditious treatment' means, with respect to a claim for benefits under the laws administered by the Secretary, treatment of such claim so that the claim is fully processed and adjudicated within 90 days after the Secretary receives an application for such claim.''. (b) Appeals Form Availability.--Subsection (b) of section 5104 of such title is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting before the period at the end the following: ``, and (3) any form or application required by the Secretary to appeal such decision''. (c) Effective Date.--The amendments made by this section shall apply with respect to claims submitted on or after the date of the enactment of this Act. SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF BOARD OF VETERANS' APPEALS. (a) In General.--Section 7266(a) of title 38, United States Code, is amended-- (1) by striking ``In order'' and inserting ``(1) Except as provided in paragraph (2), in order''; and (2) by adding at the end the following new paragraph: ``(2)(A) The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require. ``(B) For purposes of this paragraph, it shall be considered good cause if a person was unable to file a notice of appeal within the 120- day period because of the person's service-connected disability.''. (b) Applicability.-- (1) In general.--Paragraph (2) of section 7266(a) of such title, as added by subsection (a), shall apply to a notice of appeal filed with respect to a final decision of the Board of Veterans' Appeals that was issued on or after July 24, 2008. (2) Reinstatement.--Any petition for review filed with the Court of Appeals for Veterans Claims that was dismissed by such Court on or after July 24, 2008, as untimely, shall, upon the filing of a petition by an adversely affected person filed not later than six months after the date of the enactment of this Act, be reinstated upon a showing that the petitioner had good cause for filing the petition on the date it was filed. SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF VETERANS. (a) Certain Amounts Paid for Reimbursements and for Pain and Suffering.--Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: ``(5) payments regarding-- ``(A) reimbursements of any kind (including insurance settlement payments) for-- ``(i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from-- ``(I) any accident (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; ``(II) any theft or loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or ``(III) any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and ``(ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and ``(B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis;''. (b) Certain Amounts Paid by States and Municipalities as Veterans Benefits.--Section 1503(a) of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph (11): ``(11) payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans' benefit due to injury or disease; and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to determinations of income for calendar years beginning after October 1, 2011. SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES. Section 5317 of title 38, United States Code, is amended by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 7. VETSTAR AWARD PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall establish an award program, to be known as the ``VetStar Award Program'', to annually recognize businesses for their contributions to veterans' employment. (b) Administration.--The Secretary shall establish a process for the administration of the award program, including criteria for-- (1) categories and sectors of businesses eligible for recognition each year; and (2) objective measures to be used in selecting businesses to receive the award. (c) Veteran Defined.--In this section, the term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS. Section 1562(a) of title 38, United States Code, is amended by striking ``$1,000'' and inserting ``$2,000''. SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Veterans Benefits and Economic Welfare Improvement Act of 2010 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) and the Assistant Secretary of Labor for Veterans' Employment and Training to carry out a joint training program to provide eligible veterans with skills relevant to the job market. Makes eligible for such program any veteran who: (1) is not otherwise eligible for education or training services through the VA; (2) has not acquired a marketable skill since being separated or released from military service; (3) was discharged under honorable conditions; and (4) has been unemployed for at least 90 days during the 180-day period preceding program application, or, during such 180-day period, received a maximum hourly pay rate of not more than 150% of the federal minimum wage. Allows for payments to employers for the provision of apprenticeship or on-job training under such program. Authorizes appropriations. Terminates the program at the end of FY2016. (Sec. 3) Allows a VA benefits claimant to waive any claim development period upon submission of a fully developed claim, and requires the Secretary to provide expeditious treatment of such a claim. Requires the Secretary to notify a claimant of a non-fully developed claim within 30 days after that determination. Directs the Secretary, in denying a benefit, to include in a notice of that decision any form or application required to appeal the decision. (Sec. 4) Extends the 120-day time limit for the filing of a notice of appeal of a final decision of the Board of Veterans' Appeals for such time as justice may require, upon a showing of good cause. Applies such extension retroactively to final Board decisions issued on or after July 24, 2008. (Sec. 5) Excludes from annual income, for purposes of eligibility for VA pension benefits for veterans and their surviving spouses and children: (1) reimbursements for expenses resulting from any accident, theft or loss, or casualty loss, or medical expenses or pain and suffering related to such accidents or losses; and (2) payments of up to $5,000 paid by a state or municipality as a veterans' benefit due to injury or disease. (Sec. 6) Extends through FY2015 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury. (Sec. 7) Directs the Secretary to establish the VetStar Award Program to recognize annually businesses for their contribution to veterans' employment. (Sec. 8) Increases from $1,000 to $2,000 the special monthly pension for Medal of Honor recipients. (Sec. 9) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided such statement has been submitted prior to the vote on passage.

SECTION 1. PURPOSES. The purposes of this Act are as follows: (1) To grow the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States. (2) To increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers. (3) To build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 2. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High need.--The term ``high need'', when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers. SEC. 3. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 4. GRANT REQUIREMENTS. In carrying out the grant program under section 3, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this Act-- (1) to provide highly qualified teachers to high need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial number and percentage of underserved students. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to the teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing the teachers in schools and positions designated by partner local educational agencies as high need placements serving underserved students. (4) Providing ongoing professional development activities for the teachers' first 2 years in the classroom, including regular classroom observations and feedback, and ongoing training and support. (b) Limitation.--The grantee shall use all grant funds received under this Act to support activities related directly to the recruitment, selection, training, and support of teachers as described in subsection (a). SEC. 6. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and quality of the teachers provided to local educational agencies through a grant under this Act; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the teachers chosen, the training the teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.-- (1) In general.--The Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this Act. (2) Achievement gains compared.--The study shall compare, within the same schools, the achievement gains made by students taught by teachers who are assisted under this Act with the achievement gains made by students taught by teachers who are not assisted under this Act. (3) Requirements.--The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple placement sites and multiple schools within placement sites. (4) Peer review standards.--Each such study shall meet the peer review standards of the education research community. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and an amount not to exceed $25,000,000 for each succeeding fiscal year.

Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers.

SECTION 1. DEFINITIONS. In this Act: (1) Route 66.--The term ``Route 66'' means-- (A) portions of the highway formerly designated as United States Route 66 that remain in existence as of the date of enactment of this Act; and (B) public and private land in the vicinity of the highway. (2) Preservation office.--The term ``Preservation Office'' means the Office for the Preservation of America's Main Street established by the Secretary under section 3. (3) Preservation of route 66.--The term ``preservation of Route 66'' means the preservation or restoration of portions of the highway, businesses and sites of interest or potentially of interest to the public along the highway, or other resources of the highway. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (5) State.--The term ``State'' means a State in which a portion of Route 66 is located. SEC. 2. DESIGNATION. Route 66 is designated as ``America's Main Street''. SEC. 3. MANAGEMENT. (a) Establishment of Office.--The Secretary shall establish an office, to be known as the ``Office for the Preservation of America's Main Street''. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States and interested persons in the States, to perform the functions of the Preservation Office under this Act. (c) General Functions.--The Preservation Office shall-- (1) support efforts of State and local public and private persons and entities in the States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Preservation Office after the Preservation Office is terminated. (d) Authorities.--In carrying out this Act, the Preservation Office may-- (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. (e) Road Signs.--The Preservation Office shall sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations. (f) Preservation Assistance.-- (1) In general.--The Preservation Office shall provide assistance in the preservation of Route 66 in a manner that is compatible with the idiosyncratic nature of the highway. (2) Planning.--The Preservation Office shall not prepare or require preparation of an overall management plan for Route 66, but shall cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66. SEC. 4. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) In general.--The Preservation Office shall develop a program of technical assistance in the preservation of Route 66. (2) Guidelines for preservation needs.-- (A) In general.--As part of the program under paragraph (1), the Preservation Office shall establish guidelines for setting priorities for preservation needs. (B) Basis.--The guidelines under subparagraph (A) may be based on national register standards, modified as appropriate to meet the needs of Route 66 so as to allow for the preservation of the spirit of Route 66 by including more modern resources that are integral to the evolution of the Route 66 experience. (b) Program for Coordination of Activities.-- (1) In general.--The Preservation Office shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of Route 66. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Preservation Office is terminated. (c) Cost-share Grants.--Cost-share grants for preservation of Route 66 shall be available for resources that meet the guidelines under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 6. TERMINATION. The Preservation Office shall terminate on the date that is 10 years after the date of enactment of this Act.

Designates portions of the highway formerly designated as U.S. Route 66 that remain in existence as "America's Main Street." Directs the Secretary of the Interior to: (1) establish the Office for the Preservation of America's Main Street; and (2) designate National Park Service officials stationed at locations convenient to the States in which a portion of Route 66 is located and interested persons in such States to perform Office functions. Requires the Office to: (1) support efforts of State and local public and private persons and entities in such States to preserve Route 66 by providing technical assistance, participating in cost-sharing programs, and making grants and loans; (2) act as a clearinghouse for communication among Federal, State, and local agencies and private persons and entities interested in the preservation of Route 66; and (3) assist such States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the Office's functions after it is terminated. Authorizes the Office to: (1) enter into cooperative agreements; (2) accept donations; (3) provide cost-share grants; (4) provide technical assistance in historic preservation and fundraising; and (5) conduct research. Requires the Office: (1) to sponsor a road sign program on Route 66 to be implemented on a cost-sharing basis with State and local organizations; (2) to provide assistance in the preservation of Route 66 that is compatible with the idiosyncratic nature of the highway; (3) not to prepare an overall management plan for Route 66, but to cooperate with the States and local public and private persons and entities in developing local preservation plans to guide efforts to protect the most important or representative resources of Route 66; (4) to develop a technical assistance program in the preservation of Route 66, including guidelines for setting priorities for preservation needs; and (5) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of Route 66 designed for continuing use and implementation by other organizations after the Office is terminated. Makes available cost-share grants for the preservation of Route 66 for resources that meet the guidelines under the program. Authorizes appropriations. Terminates the Office ten years after the date of enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Pension Parity Act of 1995''. SEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includable in gross income) received by an individual as a qualified governmental pension. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(A) the maximum excludable social security benefits of the taxpayer for such year, reduced by ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(2) Service requirement.--Subsection (a) shall not apply to any qualified governmental pension received by the taxpayer during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. ``(c) Definitions.--For purposes of this section: ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a public retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Maximum excludable social security benefits.--The term `maximum excludable social security benefits' means an amount equal to so much of the applicable maximum benefit amount for the taxpayer for the taxable year which would be excluded from gross income if such benefit amount were treated as social security benefits (within the meaning of section 86(d)) received during the taxable year. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit, ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Commissioner of Social Security to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained retirement age (as defined in section 216(l)), and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) Public retirement system.--The term `public retirement system' means any pension, annuity, retirement, or similar fund or system established by the United States, a State, a possession of the United States, any political subdivision of any of the foregoing, or the District of Columbia.'' (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``137,'' before ``911''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 137 as section 138 and by inserting after the item relating to section 136 the following new item: ``Sec. 137. Certain pensions and annuities under public retirement systems.'' (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

Public Pension Parity Act of 1995 - Amends the Internal Revenue Code to: (1) exclude from gross income any amount received by an individual as a qualified governmental pension which does not exceed the maximum excludable social security benefits of the taxpayer for such year reduced by the social security benefits received during such year which were excluded from gross income; and (2) prohibit applying clause (1) to any qualified governmental pension received during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. Defines the term "maximum excludable social security benefits."

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Breast cancer is the second leading cause of cancer deaths among American women. (2) More women in the United States are living with breast cancer than any other cancer (excluding skin cancer). Approximately 3,000,000 women in the United States are living with breast cancer, 2,000,000 of which have been diagnosed and an estimated 1,000,000 who do not yet know that they have the disease. (3) Breast cancer is the most commonly diagnosed cancer among women in the United States and worldwide (excluding skin cancer). In 2001, it is estimated that 233,000 new cases of breast cancer will be diagnosed among women in the United States, 192,000 cases of which will involve invasive breast cancer and 40,800 cases of which will involve ductal carcinoma in situ (DCIS). (4) Breast cancer is the second leading cause of cancer death for women in the United States. Approximately 40,000 women in the United States die from the disease each year. Breast cancer is the leading cause of cancer death for women in the United States between the ages of 20 and 59, and the leading cause of cancer death for women worldwide. (5) A woman in the United States has a 1 in 8 chance of developing invasive breast cancer in her lifetime. This risk was 1 in 11 in 1975. In 2001, a new case of breast cancer will be diagnosed every 2 minutes and a woman will die from breast cancer every 13 minutes. (6) All women are at risk for breast cancer. About 90 percent of women who develop breast cancer do not have a family history of the disease. (7) The National Action Plan on Breast Cancer, a public private partnership, has recognized the importance of expanding the scope and breadth of biomedical, epidemiological, and behavioral research activities related to the etiology of breast cancer and the role of the environment. (8) To date, there has been only a limited research investment to expand the scope or coordinate efforts across disciplines or work with the community to study the role of the environment in the development of breast cancer. (9) In order to take full advantage of the tremendous potential for avenues of prevention, the Federal investment in the role of the environment and the development of breast cancer should be expanded. (10) In order to understand the effect of chemicals and radiation on the development of cancer, multi-generational, prospective studies are probably required. SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following section: ``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. ``(a) In General.--The Director of the Institute, based on recommendations from the Breast Cancer and Environmental Research Panel established under subsection (b) (referred to in this section as the `Panel') shall make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than 8 centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence. ``(b) Breast Cancer and Environmental Research Panel.-- ``(1) Establishment.--The Secretary shall establish in the Institute of Environmental Health Sciences a Breast Cancer and Environmental Research Panel. ``(2) Composition.--The Panel shall be composed of-- ``(A) 9 members to be appointed by the Secretary, of which-- ``(i) six members shall be appointed from among physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; ``(IV) are from practice settings or academia or other research settings; and ``(V) are experienced in biomedical review; and ``(ii) three members shall be appointed from the general public who are representatives of individuals who have had breast cancer and who represent a constituency; and ``(B) such nonvoting, ex officio members as the Secretary determines to be appropriate. ``(3) Chairperson.--The members of the Panel appointed under paragraph (2)(A) shall select a chairperson from among such members. ``(4) Meetings.--The Panel shall meet at the call of the chairperson or upon the request of the Director, but in no case less often than once each year. ``(5) Duties.--The Panel shall-- ``(A) oversee the peer review process for the awarding of grants under subsection (a) and conduct the programmatic review under such subsection; ``(B) make recommendations with respect to the funding criteria and mechanisms under which amounts will be allocated under this section; and ``(C) make final programmatic recommendations with respect to grants under this section. ``(c) Collaboration With Community.--Each center under subsection (a) shall establish and maintain ongoing collaborations with community organizations in the geographic area served by the center, including those that represent women with breast cancer. ``(d) Coordination of Centers; Reports.--The Director of the Institute shall, as appropriate, provide for the coordination of information among centers under subsection (a) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(e) Required Consortium.--Each center under subsection (a) shall be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. Each center shall require collaboration among highly accomplished scientists, other health professionals and advocates of diverse backgrounds from various areas of expertise. ``(f) Duration of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute and if such group has recommended to the Director that such period should be extended. ``(g) Geographic Distribution of Centers.--The Director of the Institute shall, to the extent practicable, provide for an equitable geographical distribution of centers under this section. ``(h) Innovative Approaches.--Each center under subsection (a) shall use innovative approaches to study unexplored or under-explored areas of the environment and breast cancer. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2007. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''.

Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight consortium centers (each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence) for the conduct of multi-disciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Historical Records Preservation Act of 2008''. SEC. 2. GRANT PROGRAM. Section 2504 of title 44, United States Code, is amended by-- (1) redesignating subsection (f) as subsection (g); (2) amending subsection (g)(1) (as so redesignated by paragraph (1))-- (A) in subparagraph (R), by striking ``and''; (B) in subparagraph (S), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(T) $15,000,000 for fiscal year 2010.''; and (3) inserting after subsection (e), the following: ``(f) Grants for Presidential Centers of Historical Excellence.-- ``(1) In general.--The Commission shall make grants, on a competitive basis and in accordance with this subsection, to eligible entities to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a Presidential archival depository currently managed and maintained by the Federal Government pursuant to section 2112 (commonly known as the `Presidential Libraries Act of 1955'). ``(2) Eligible entity.--For purposes of this subsection, an eligible entity is-- ``(A) an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or ``(B) a State or local government of the United States. ``(3) Use of funds.--Amounts received by an eligible entity under paragraph (1) shall be used to promote the historical preservation of, and public access to, historical records or historical documents relating to any President covered under paragraph (1). ``(4) Prohibition on use of funds.--Amounts received by an eligible entity under paragraph (1) may not be used for the maintenance, operating costs, or construction of any facility to house the historical records or historical documents relating to any President covered under paragraph (1). ``(5) Application.-- ``(A) In general.--An eligible entity seeking a grant under this subsection shall submit to the Commission an application at such time, in such manner, and containing or accompanied by such information as the Commission may require, including a description of the activities for which a grant under this subsection is sought. ``(B) Approval of application.--The Commission shall not approve a grant application submitted under subparagraph (A) unless an eligible entity establishes that such entity-- ``(i) possesses, with respect to any President covered under paragraph (1), historical works and collections of historical sources that the Commission considers appropriate for preserving, publishing, or otherwise recording at the public expense; ``(ii) has appropriate facilities and space for preservation of, and public access to, the historical works and collections of historical sources; ``(iii) shall ensure preservation of, and public access to, such historical works and collections of historical sources at no charge to the public; ``(iv) has educational programs that make the use of such documents part of the mission of such entity; ``(v) has raised funds from non-Federal sources in support of the efforts of the entity to promote the historical preservation of, and public access to, such historical works and collections of historical sources in an amount equal to the amount of the grant the entity seeks under this subsection; ``(vi) shall coordinate with any relevant Federal program or activity, including programs and activities relating to Presidential archival depositories; ``(vii) shall coordinate with any relevant non-Federal program or activity, including programs and activities conducted by State and local governments and private educational historical entities; and ``(viii) has a workable plan for preserving and providing public access to such historical works and collections of historical sources.''.

Presidential Historical Records Preservation Act of 2008 - Authorizes appropriations for the National Historical Publications and Records Commission for FY2010. Requires the Commission to make grants to eligible entities on a competitive basis to promote the historical preservation of, and public access to, historical records and documents relating to any President who does not have a presidential archival depository currently managed and maintained by the federal government pursuant to the Presidential Libraries Act of 1955. Defines eligible entities as specified tax-exempt organizations or state or local governments. Prohibits the use of grants for the maintenance, operating costs, or construction of any facility to house the historical records or documents. Prohibits the Commission from approving a grant application unless an entity establishes that it meets certain requirements, including that it: (1) ensures the preservation of, and access to, such historical works and collections of historical sources at no charge to the public; (2) has educational programs that make the use of such documents part of the entity's mission; and (3) has raised funds from nonfederal sources in support of the entity's efforts to promote such preservation and access.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Generic Pharmaceutical Access and Choice for Consumers Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS Sec. 101. Encouragement of the use of generic drugs under the Public Health Service Act. Sec. 102. Application to Federal employees health benefits program. Sec. 103. Application to medicare program. Sec. 104. Application to medicaid program. Sec. 105. Application to Indian Health Service. Sec. 106. Application to veterans programs. Sec. 107. Application to recipients of uniformed services health care. Sec. 108. Application to Federal prisoners. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS Sec. 201. Therapeutic equivalence of generic drugs. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM Sec. 301. Sense of the Senate regarding a preference for the use of generic pharmaceuticals under the medicare program. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Generic pharmaceuticals are approved by the Food and Drug Administration on the basis of testing and other information establishing that such pharmaceuticals are therapeutically equivalent to brand-name pharmaceuticals, ensuring consumers a safe, efficacious, and cost-effective alternative to brand-name pharmaceuticals. (2) The pharmaceutical market has become increasingly competitive during the last decade because of the increasing availability and accessibility of generic pharmaceuticals. (3) The Congressional Budget Office estimates that-- (A) the substitution of generic pharmaceuticals for brand-name pharmaceuticals will save purchasers of pharmaceuticals between $8,000,000,000 and $10,000,000,000 each year; and (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than brand-name pharmaceuticals, resulting in an estimated average savings of $15 to $30 on each prescription filled. (4) Generic pharmaceuticals are widely accepted by both consumers and the medical profession, as the market share held by generic pharmaceuticals compared to brand-name pharmaceuticals has more than doubled during the last decade, from approximately 19 percent to 43 percent, according to the Congressional Budget Office. (b) Purposes.--The purposes of this Act are-- (1) to reduce the cost of prescription drugs to the United States Government and to beneficiaries under Federal health care programs while maintaining the quality of health care by encouraging the use of generic drugs rather than nongeneric drugs under those programs whenever feasible; and (2) to increase the utilization of generic pharmaceuticals by requiring the Food and Drug Administration, where appropriate, to determine that a generic pharmaceutical is the therapeutic equivalent of its brand-name counterpart, and by affording national uniformity to that determination. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS SEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) In General.--Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED. ``(a) Each grant or contract entered into under this Act that involves the provision of health care items or services to individuals shall include provisions to ensure that, to the extent feasible, any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless the nongeneric form of the drug is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed. ``(b) In this section: ``(1) The term `generic form of the drug' means a drug that is the subject of an application approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), for which the Secretary has made a determination that the drug is the therapeutic equivalent of a listed drug under section 505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)). ``(2) The term `nongeneric form of the drug' means a drug that is the subject of an application approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)).''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) To the extent feasible, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of any prescription drug, the carrier shall provide, pay, or reimburse the cost of the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), except, if the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 103. APPLICATION TO MEDICARE PROGRAM. (a) In General.--Section 1861(t) of the Social Security Act (42 U.S.C. 1395x(t)) is amended by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `drugs' means, to the extent feasible, the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of such drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the health care provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. (2) Medicare+choice plans.--In the case of a Medicare+Choice plan offered by a Medicare+Choice organization under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 104. APPLICATION TO MEDICAID PROGRAM. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and''; and (3) by adding the following new paragraph: ``(66) provide that the State shall, in conjunction with the program established under section 1927(g), to the extent feasible, provide for the use of a generic form of a drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act is-- ``(A) specifically ordered by the provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished under State plans that are approved or renewed on or after the date of enactment of this Act. SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE. (a) In General.--Title II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding at the end the following new subsection: ``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED. ``In providing health care items or services under this Act, the Indian Health Service shall ensure that, to the extent feasible, any prescriptions that are provided for under this Act are filled by providing the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act) involved, unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 106. APPLICATION TO VETERANS PROGRAMS. (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Use of generic drugs encouraged ``When furnishing a prescription drug under this chapter, the Secretary shall furnish a generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE. (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110. Use of generic drugs encouraged ``The Secretary of Defense shall ensure that, whenever feasible, each health care provider who furnishes a drug furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1109 the following new item: ``1110. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 108. APPLICATION TO FEDERAL PRISONERS. (a) In General.--Section 4006(b) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(3) Use of generic drugs encouraged.--The Attorney General shall ensure that, whenever feasible, each health care provider who furnishes a drug to a prisoner charged with or convicted of an offense against the United States furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the prescribing provider; or ``(B) requested by the prisoner for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS. (a) In General.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (5), by adding at the end the following new subparagraph: ``(E)(i) For each abbreviated application filed under paragraph (1), the Secretary shall determine whether the new drug for which the application is filed is the therapeutic equivalent of the listed drug referred to in paragraph (2)(A)(i) prior to the approval of the application. ``(ii) For purposes of clause (i), a new drug is the therapeutic equivalent of a listed drug if-- ``(I) each active ingredient of the new drug and the listed drug is the same; ``(II) the new drug and the listed drug (aa) are of the same dosage form; (bb) have the same route of administration; (cc) are identical in strength or concentration; (dd) meet the same compendial or other applicable standards, except that the drugs may differ in shape, scoring, configuration, packaging, excipient, expiration time, or, subject to paragraph (2)(A)(v), labeling; and (ee) are expected to have the same clinical effect and safety profile when administered to patients under conditions specified in the labeling; and ``(III) the new drug does not (aa) present a known or potential bioequivalence problem and meets an acceptable in vitro standard; or (bb) if the new drug presents a known or potential bioequivalence problem, the drug is shown to meet an appropriate bioequivalence standard. ``(iii) With respect to a new drug for which an abbreviated application is filed under paragraph (1), the provisions of this subparagraph shall supersede any provisions of the law of any State relating to the determination of the therapeutic equivalence of the drug to a listed drug.''; and (2) in paragraph (7)(A), by adding at the end the following: ``(iv) The Secretary shall include in each revision of the list under clause (ii) on or after the date of enactment of this clause the official and proprietary name of each listed drug that is therapeutically equivalent to a new drug approved under this subsection during the preceding 30-day period, as determined under paragraph (5)(E).''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM SEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM. It is the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Business Checking Fairness Act of 2007''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this subsection shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act unless the Board of Governors of the Federal Reserve System determines otherwise.''. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 4. RULES OF CONSTRUCTION. In the case of an escrow account maintained at a depository institution for the purpose of completing the settlement of a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in subparagraph (1) or (2) or similar in nature to such action, including any benefits which have been so determined by the appropriate Federal regulator, shall not be treated as the payment or receipt of interest for purposes of this Act and any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. No provision of this Act shall be construed so as to require a depository institution that maintains an escrow account in connection with a real estate transaction to pay interest on such escrow account or to prohibit such institution from paying interest on such escrow account. No provision of this Act shall be construed as preempting the provisions of law of any State dealing with the payment of interest on escrow accounts maintained in connection with real estate transactions. SEC. 5. CONSUMER BANKING COSTS ASSESSMENT. (a) In General.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 the following new section: ``SEC. 30. SURVEY OF BANK FEES AND SERVICES. ``(a) Biennial Survey Required.--The Board of Governors of the Federal Reserve System shall obtain biennially a sample, which is representative by type and size of the institution (including small institutions) and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(b) Minimum Survey Requirement.--The biennial survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Fees imposed in connection with bounced-check protection and overdraft protection programs. ``(K) Deposit items returned fees. ``(L) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Fees imposed for using a teller or other institution employee. ``(F) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Monthly and annual fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(D) Fees charged to customers for withdrawals, deposits, and balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, and balance inquiries through institution- owned machines. ``(F) Point-of-sale transaction fees. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(6) Federal reserve board authority.--The Board of Governors of the Federal Reserve System may cease the collection of information with regard to any particular fee or charge specified in this subsection if the Board makes a determination that, on the basis of changing practices in the financial services industry, the collection of such information is no longer necessary to accomplish the purposes of this section. ``(c) Biennial Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b) of this section and section 136(b)(1) of the Consumer Credit Protection Act. ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in a representative sample of the 50 States (selected with due regard for regional differences), and in each consolidated metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution and the size of the institution, between large and small institutions of the same type, and any engagement of the institution in multistate activity. ``(3) Submission to the congress.--The Board of Governors of the Federal Reserve System shall submit an biennial report to the Congress not later than June 1, 2009, and before the end of each 2-year period beginning after such date. ``(d) Definitions.--For purposes of this section, the term `insured depository institution' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term `insured credit union' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (b) Conforming Amendment.-- (1) In general.--Paragraph (1) of section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)(1)) is amended to read as follows: ``(1) Collection required.--The Board shall collect, on a semiannual basis, from a broad sample of financial institutions which offer credit card services, credit card price and availability information including-- ``(A) the information required to be disclosed under section 127(c); ``(B) the average total amount of finance charges paid by consumers; and ``(C) the following credit card rates and fees: ``(i) Application fees. ``(ii) Annual percentage rates for cash advances and balance transfers. ``(iii) Maximum annual percentage rate that may be charged when an account is in default. ``(iv) Fees for the use of convenience checks. ``(v) Fees for balance transfers. ``(vi) Fees for foreign currency conversions.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2008. (c) Repeal of Other Report Provisions.--Section 1002 of Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 are hereby repealed.

Business Checking Fairness Act of 2007 - Amends federal law to authorize interest-bearing or dividend-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution. Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the prohibition against the payment of interest on demand deposits. Amends the Federal Reserve Act to require the Board to survey biennially and report biennially to Congress on bank fees and certain services. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, to repeal certain reporting requirements. Cites practices which shall not be treated as payment or receipt of interest if they relate to an escrow account maintained at a depository institution in connection with a real estate transaction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Information Improvement Act''. SEC. 2. NONPREEMPTIBLE ADVERTISING; LOWEST UNIT CHARGES. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting in lieu thereof ``30''; (B) by striking ``sixty'' and inserting in lieu thereof ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same time of day and day of week''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''. SEC. 3. FREE BROADCAST TIME FOR POLICY DEBATES. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for policy debates in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time for policy debates in accordance with the following standards: ``(A) Such licensee shall allot not less than 30 minutes of free broadcast time during each even-numbered year to-- ``(i) the candidates for the House of Representatives of each qualified political party for any congressional district that falls within the grade B contour of such stations signal; and ``(ii) the candidates for the Senate of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) the broadcast is during the hours of 7 to 10 p.m. on weekdays; and ``(ii) the broadcast is during the four weeks immediately preceding election day. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the joint appearance by each of the candidates described in paragraph (2)(A) (i) or (ii) at a forum for the discussion of political issues, or, if any such candidate refuses to so appear, the appearance by the remainder of such candidates not refusing to appear. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. (c) Free Cable Time.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for policy debates in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same candidates, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator who substantially fails or refuses to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Campaign Information Improvement Act - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest charge of the station for the same amount of time for the same time of day and day of the week; (2) prohibit any broadcast licensee from preempting the use of any such time purchased and paid for by a qualified candidate, unless the program during which the advertisement was scheduled to appear is preempted due to circumstances beyond the control of the broadcaster; (3) reduce the pre-election period during which the lowest charge is effective from 45 days to 30 days before primary elections and from 60 days to 45 days before general or special elections; and (4) specify that for purposes of calculating a station's lowest charge, broadcasters must consider the charges made during the 60-day period prior to a primary or primary runoff election and during the 90-day period before a general or special election. Requires radio broadcasting stations, in order to have their licenses renewed, to make available without charge not less than 30 minutes of broadcast time during appropriate viewing hours to candidates for the House and Senate within the four weeks preceding election day for policy debates. Imposes the same free-time obligations on cable television operators of channels for public, educational, or governmental use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Asset Development Act''. SEC. 2. DISREGARD OF INCOME AND RESOURCES DESIGNATED FOR EDUCATION, TRAINING, AND EMPLOYABILITY. (a) Disregard as Resource.--Section 402(a)(7)(B) of the Social Security Act (42 U.S.C. 602(a)(7)(B)) is amended-- (1) by striking ``or'' before ``(iv)''; and (2) by inserting ``, or (v) in the case of a family receiving aid under the State plan (and a family not receiving such aid but which received such aid in at least 1 of the preceding 4 months or became ineligible for such aid during the preceding 12 months because of excessive earnings), any amount not to exceed $10,000 in a qualified asset account (as defined in section 406(i)) of such family'' before ``; and''. (b) Disregard as Income.-- (1) In general.--Section 402(a)(8)(A) of such Act (42 U.S.C. 602(a)(8)(A)) is amended-- (A) by striking ``and'' at the end of clause (vii); and (B) by inserting after clause (viii) the following new clause: ``(ix) shall disregard any interest or income earned on a qualified asset account (as defined in section 406(i)); and''. (2) Nonrecurring lump sum exempt from lump sum rule.-- Section 402(a)(17) of such Act (42 U.S.C. 602(a)(17)) is amended by adding at the end the following: ``; and that this paragraph shall not apply to earned or unearned income received in a month on a nonrecurring basis to the extent that such income is placed in a qualified asset account (as defined in section 406(i)) the total amounts in which, after such placement, does not exceed $10,000;''. (3) Treatment as income.--Section 402(a)(7) of such Act (42 U.S.C. 602(a)(7)) is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the semicolon at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) shall treat as income any distributions from a qualified asset account (as defined in section 406(i)(1)) which do not meet the definition of a qualified distribution under section 406(i)(2);''. (c) Qualified Asset Accounts.--Section 406 of such Act (42 U.S.C. 606) is amended by adding at the end the following: ``(i)(1) The term `qualified asset account' means a mechanism approved by the State (such as individual retirement accounts, escrow accounts, or savings bonds) that allows savings of a family receiving aid to families with dependent children to be used for qualified distributions. ``(2) The term `qualified distributions' means distributions for expenses directly related to 1 or more of the following purposes: ``(A) The attendance of a member of the family at any education or training program. ``(B) The improvement of the employability (including self- employment) of a member of the family (such as through the purchase of an automobile). ``(C) The purchase of a home for the family. ``(D) A change of the family residence.''. (d) Study of Use of Qualified Asset Accounts; Report.--The Secretary of Health and Human Services shall conduct a study of the use of qualified asset accounts established pursuant to the amendments made by this section, and shall report on such study and any recommendations for modifications of such amendments to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than January 1, 1996. (e) Report on AFDC Asset Limit on Automobiles.--Within 3 months after the date of the enactment of this section, the Secretary of Health and Human Services shall submit to the Congress a report on-- (1) the need to revise the limitation, established in regulations pursuant to section 402(a)(7)(B)(i) of the Social Security Act, on the value of a family automobile required to be disregarded by a State in determining the eligibility of the family for aid to families with dependent children under the State plan approved under part A of title IV of such Act; and (2) the extent to which such a revision would increase the employability of recipients of such aid. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 1993. SEC. 3. DISREGARD OF INCOME AND RESOURCES RELATED TO SELF-EMPLOYMENT. (a) State Plan Requirements.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that the State agency-- ``(A)(i) shall not include as a resource of the family of which a child referred to in paragraph (7)(A) is a member, for purposes of paragraph (7)(B), the first $10,000 of the net worth (assets reduced by liabilities with respect thereto) of all microenterprises (as defined in section 406(j)(1)) owned, in whole or in part, by the child or by a relative or other individual referred to in paragraph (7)(A), for a period not to exceed 2 years; and ``(ii) shall take into consideration as earned income of the family of which the child is a member, only the net profits (as defined in section 406(j)(2)) of such microenterprises, for a period not to exceed 2 years; and ``(B) shall ensure that caseworkers are able to properly advise recipients of aid under the State plan of the option of microenterprise as a legitimate route towards self-sufficiency, and that caseworkers encourage recipients of such aid who are interested in starting a microenterprise to participate in a program designed to assist them in such effort.''. (b) Definitions.--Section 406 of such Act (42 U.S.C. 606), as amended by section 2(c) of this Act, is amended by adding at the end the following: ``(j)(1) The term `microenterprise' means a commercial enterprise which has 5 or fewer employees, 1 or more of whom owns the enterprise. ``(2) The term `net profits' means, with respect to a microenterprise, the gross receipts of the business, minus-- ``(A) payments of principal or interest on a loan to the microenterprise; ``(B) transportation expenses; ``(C) inventory costs; ``(D) expenditures to purchase capital equipment; ``(E) cash retained by the microenterprise for future use by the business; ``(F) taxes paid by reason of the business; ``(G) if the business is covered under a policy of insurance against loss-- ``(i) the premiums paid for such insurance; and ``(ii) the losses incurred by the business that are not reimbursed by the insurer solely by reason of the existence of a deductible with respect to the insurance policy; ``(H) the reasonable costs of obtaining 1 motor vehicle necessary for the conduct of the business; and ``(I) the other expenses of the business.''. (c) Inclusion of Microenterprise Training and Activities in the JOBS Program.-- (1) In general.--Section 482(d)(1) of such Act (42 U.S.C. 682(d)(1)) is amended by adding at the end the following: ``(C) The services and activities referred to in subparagraph (A)-- ``(i) in the case that at least 3 percent of the adult recipients of aid under the State plan approved under part A (as of the close of the immediately preceding fiscal year) elect to participate in microenterprise activities, shall include programs described in paragraph (4); or ``(ii) in the case that not more than 3 percent of the adult recipients of such aid elect to participate in microenterprise activities, may include programs described in paragraph (4).''. (2) Microenterprise programs.--Section 482(d) of such Act (42 U.S.C. 682(d)) is amended by adding at the end the following: ``(4) The programs described in this paragraph are programs of public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by-- ``(A) providing technical assistance, advice, and business support services (including assistance, advice, and support relating to business planning, financing, marketing, and other microenterprise development activities) to owners of microenterprises and persons developing microenterprises; and ``(B) providing general support (such as peer support and self-esteem programs) to owners of microenterprises and persons developing microenterprises.''. (d) Effective Date.--The amendments made by this section shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after October 1, 1993.

Microenterprise and Asset Development Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients. Provides for State agency exclusion from AFDC eligibility determinations of certain resources related to microenterprise initiatives by AFDC recipients towards self-sufficiency. Requires State agencies to ensure that caseworkers advise AFDC recipients of the option for microenterprises. Provides for the inclusion of microenterprise training and activities in the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Accountability Study Act''. SEC. 2. TRADE IMPACT COMMISSION. (a) Establishment.--There is established the ``Trade Impact Review Commission'' (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) determine-- (A) the extent to which exports of goods of the United States to NAFTA countries, and imports of goods of NAFTA countries into the United States, have increased or decreased since January 1, 1994; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports of goods of NAFTA countries into the United States, since January 1, 1994; and (2) determine-- (A) the extent to which exports of goods of the United States to the People's Republic of China, and imports of goods of the People's Republic of China into the United States, have increased or decreased since December 11, 2001; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to the People's Republic of China, and the number of jobs in the United States that have been lost as a result of increased imports of goods of the People's Republic of China into the Untied States, since December 11, 2001; and (3) submit to the appropriate committees of the Congress, the Secretary of Commerce, the Secretary of Labor, and the United States Trade Representative, the findings of the Commission under paragraphs (1) and (2), as well as any recommendations the Commission has for strengthening the United States labor force in light of such findings. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 1 member appointed by the majority leader of the Senate. (E) 1 member appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include employees of the Federal Government or of State or local governments, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of the Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic and professional backgrounds from different regions of the United States. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of the enactment of this Act. (4) Terms and vacancies.--Each member of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled, not later than 30 days after the vacancy occurs, in the same manner as the original appointment was made. (5) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (f) Compensation.-- (1) Rate.--Except as provided in paragraph (2), members of the Commission shall each be paid the daily equivalent of the annual rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.--A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason of his or her service on the Commission. (g) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (j) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any 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. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (k) Report.--The Commission shall transmit a report containing its findings and recommendations under subsection (b)(3) not later than 180 days after the first meeting of the Commission under subsection (d)(1). (l) Termination.--The Commission shall terminate 30 days after submitting its report under subsection (k). (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. FUTURE NEGOTIATIONS. In preparing for and engaging in negotiations for trade agreements, the President shall ensure that the findings and recommendations of the Trade Impact Commission established in section 2 are included in developing trade policy with respect to such negotiations. SEC. 4. PRESIDENTIAL CERTIFICATIONS. The President shall submit to the Congress, not later than May 31 of each year, a report that certifies whether or not-- (1) each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation and in the North American Agreement on Labor Cooperation; and (2) the People's Republic of China is meeting its obligations with respect to protection of the environment and worker rights by reason of its accession to the World Trade Organization, including commitments made to the United States. SEC. 5. DEFINITIONS. As used in this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).

Trade Accountability Study Act - Establishes the Trade Impact Review Commission to determine: (1) the extent to which exports of U.S. goods to North American Free Trade Agreement (NAFTA) countries, and imports into the United States of goods from NAFTA countries, have increased or decreased since January 1, 1994; (2) the number of jobs in the United States that have resulted from increased exports of U.S. goods to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports into the United States of goods from NAFTA countries, since January 1, 1994; (3) the extent to which exports of U.S. goods to the People's Republic of China, and imports into the United States of Chinese goods, have increased or decreased, since December 11, 2001; and (4) the number of jobs in the United States that have resulted from increased exports of U.S. goods to China, and the number of jobs in the United States lost as a result of increased imports into the United States of goods from China, since December 11, 2001.Directs the President to certify annually to Congress whether or not: (1) each NAFTA country is meeting its commitments with respect to the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation; and (2) China is meeting its obligations with respect to the protection of the environment and worker rights because of its accession to the World Trade Organization, including commitments made to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Authorization Act of 1995''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Under Secretary for Technology.--(1) There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology/Office of Technology Policy $5,000,000 for fiscal year 1996. (2) With the Fiscal Year 1997 budget submission for the Department of Commerce, the Secretary of Commerce shall submit to Congress a strategic plan for phasing out the Office of Technology Policy during fiscal year 1996 by eliminating nonessential functions and transferring any essential functions to the National Institute of Standards and Technology. (b) National Institute of Standards and Technology.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Secretary of Commerce for the following activities of the National Institute of Standards and Technology: (1) For Scientific and Technical Research and Services, $263,000,000. (2) For Industrial Technology Services, $427,000,000, but no appropriations are authorized for Advanced Technology Program grants awarded after October 1, 1995. (3) For Construction of Research Facilities, $60,000,000. SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by redesignating section 31 as section 32 and by inserting after section 30 the following: ``COMPETITIVE TECHNOLOGY PROGRAM ``Sec. 31. (a) Findings.--Congress finds that-- ``(1) it is in the National interest for the federal government to take appropriate steps in order to strengthen the competitiveness of research institutions and industry in our rural and less populous states that historically have not been included as full partners in the federal research and development enterprise; ``(2) the research institutions in our rural and less populous states represent a valuable and productive research and technological base that has generated important breakthrough advances in science and technology and helped boost the Nation's economy; ``(3) as part of its mission to help increase U.S. competitiveness, the National Institute of Standards and Technology (NIST) of the Department of Commerce, has an important role in strengthening and broadening the research and technology base in our rural and less populous states; ``(4) the Experimental Program to Stimulate Competitive Research (EPSCOR) at the National Science Foundation and similar programs at the National Aeronautics and Space Administration and other federal science agencies have been extremely successful in strengthening the research base of our rural and less populous states by funding, on a competitive, peer-reviewed basis, research grant proposals from those states; and ``(5) the establishment at NIST of a program based on the EPSCOR concept would both build on the progress of the other federal agencies' EPSCOR activities and further broaden the Nation's scientific and technology base to embrace the quality research institutions in rural and less populous states. ``(b) Policy.--It is the policy of the United States that-- ``(1) NIST should conduct appropriate programs and activities to strengthen and broaden the Nation's scientific and technology capabilities and infrastructure; ``(2) NIST should develop programs and activities to support research efforts in our rural and less populous states to enhance U.S. industrial competitiveness; and ``(3) such programs and activities should be coordinated and made consistent with the Experimental Program to Stimulate Competitive Research at the National Science Foundation and similar programs at other federal science agencies. ``(c) Requirements.-- ``(1) Competition.--Through the National Institute of Standards and Technology, the Secretary of Commerce shall establish an Experimental Program to Stimulate Competitive Technology (EPSCOT). EPSCOT shall provide grants on a competitive and peer-reviewed basis to qualified institutions in eligible States. Such grants shall be awarded for any purpose consistent with and in furtherance of the mission of the Institute including, but not limited to, research, technology transfer, outreach activities, economic development, and education. In evaluating a grant application under EPSCOT, the Secretary of Commerce shall consider-- ``(A) the application's merit and relevance to mission of the Institute; ``(B) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular civilian research funding; ``(C) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and ``(D) the need to assure the maximum distribution of grants among eligible States, consistent with merit. ``(2) Supplemental grants.--The Secretary of Commerce shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as practicable. ``(3)Definitions.--For the purposes of this section-- ``(A) the term `qualified institutions' means small and medium-sized companies, colleges, universities, not-for-profit institutions, local and state governments, individuals with a record of achievement in science and technology, and any other persons or entities deemed qualified by the Secretary of Commerce, but not large companies and ``(B) the term `eligible states' means a State designated as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research. ``(e) Authorization of Appropriations.--To implement EPSCOT and any related activities, the Secretary of Commerce shall ensure that up to $10,000,000 from the appropriations authorized for the Industrial Technology Services account at the National Institute of Standards and Technology are used for purposes of establishing and developing an Experimental Program to Stimulate Competitive Technology Research at the agency.''. SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL. Section 507 of the American Technology Preeminence Act of 1991 (15 U.S.C. 3717) is hereby repealed. SEC. 5. FASTENER QUALITY ACT AMENDMENTS. (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended-- (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (2) by striking ``by lot number'' in subsection (a)(7), as so redesignated by paragraph (1) of this subsection; and (3) by striking ``used in critical applications'' in subsection (b) and inserting ``in commerce''. (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended-- (1) by striking ``having a minimum tensile strength of 150,000 pounds per square inch'' in paragraph (1)(B) and inserting ``having a minimum Rockwell C hardness of 40 or above''; (2) in paragraph (2)-- (A) by inserting ``International Organization for Standardization,'' after ``Society of Automotive Engineers,''; and (B) by inserting ``consensus'' after ``or any other''; (3) in paragraph (5)-- (A) by inserting ``or'' after ``standard or specification,'' in subparagraph (B); (B) by striking ``or'' at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting ``or produced in accordance with ASTM F 432'' after ``307 Grade A''; (4) by striking ``other person'' in paragraph (6) and inserting ``government agency''; (5) by striking ``Standard'' in paragraph (8) and inserting ``Standards''; (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively; (7) by striking ``, a government agency'' and all that follows through ``markings of any fastener'' in paragraph (13), as so redesignated, and inserting ``or a government agency''; and (8) by inserting ``for the purpose of achieving a uniform hardness'' in paragraph (14), as so redesignated, after ``quenching and tempering''. (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 U.S.C. 5404) is repealed. (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act (15 U.S.C. 5404) is amended-- (1) by striking ``subsections (b) and (c)'' in subsection (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), and (d)''; (2) by striking ``or, where applicable'' and all that follows through ``section 7(c)(1)'' in subsection (c)(2); (3) by striking ``, such as the chemical, dimensional, physical, mechanical, and any other'' in subsection (c)(3); (4) by inserting ``except as provided in subsection (d),'' in subsection (c)(4) before ``state whether''; and (5) by adding at the end the following new subsection: ``(d) Alternative Procedure for Chemical Characteristics.-- Notwithstanding the requirements of subsections (b) and (c), a manufacturer shall be deemed to have demonstrated, for purposes of subsection (a)(1), that the chemical characteristics of a lot conform to the standards and specifications to which the manufacturer represents such lot has been manufactured if the following requirements are met: ``(1) The coil or heat number of metal from which such lot was fabricated has been inspected and tested with respect to its chemical characteristics by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. ``(2) Such laboratory has provided to the manufacturer, either directly or through the metal manufacturer, a written inspection and testing report, which shall be in a form prescribed by the Secretary by regulation, listing the chemical characteristics of such coil or heat number. ``(3) The report described in paragraph (2) indicates that the chemical characteristics of such coil or heat number conform to those required by the standards and specifications to which the manufacturer represents such lot has been manufactured. ``(4) The manufacturer demonstrates that such lot has been fabricated from the coil or heat number of metal to which the report described in paragraphs (2) and (3) relates. In prescribing the form of report required by subsection (c), the Secretary shall provide for an alternative to the statement required by subsection (c)(4), insofar as such statement pertains to chemical characteristics, for cases in which a manufacturer elects to use the procedure permitted by this subsection.''. (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days after the date of enactment of this Act, the'' and inserting ``The''. (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act (15 U.S.C. 5406) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Domestically Produced Fasteners.--It shall be unlawful for a manufacturer to sell any shipment of fasteners covered by this Act which are manufactured in the United States unless the fasteners-- ``(1) have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and ``(2) an original laboratory testing report described in section 5(c) and a manufacturer's certificate of conformance are on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection.''; (2) by inserting ``label'' after ``private'' the first place it appears in subsection (c)(2); (3) by inserting ``to the same'' in subsection (c)(2) after ``in the same manner and''; (4) by striking ``certificate'' in subsection (d)(1) and inserting ``test report''; (5) by striking subsection (e) and inserting the following: ``(e) Commingling.--It shall be unlawful for any manufacturer, importer, or private label distributor to commingle like fasteners from different lots in the same container; except that such manufacturer, importer, or private label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.''; and (6) by striking subsection (f) and inserting the following: ``(f) Subsequent Purchaser.--If a person who purchases fasteners for any purpose so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken.''. (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: ``(d) Enforcement.--The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.''. (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended-- (1) by striking ``10 years''in subsections (a) and (b) and inserting ``5 years''; and (2) by striking ``any subsequent'' in subsection (b) and inserting ``the subsequent''. (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act (15 U.S.C. 5412) is amended by striking ``within 180 days after the date of enactment of this Act''. (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.

Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom Consolidation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date...''. (2) In the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine...the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (3) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and Bulgaria...would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date''. (4) At the Madrid Summit of the NATO Alliance in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance in the first round of NATO enlargement, and the NATO heads of state and government issued a declaration stating ``[t]he Alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership...[n]o European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (5) At the Washington Summit of the NATO Alliance in April 1999, the NATO heads of state and government issued a communique declaring ``[w]e pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area...[t]he three new members will not be the last...[n]o European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location...''. (6) In late 2002, NATO will hold a summit in Prague, the Czech Republic, at which it will decide which additional emerging democracies in Central and Eastern Europe to invite to join the Alliance in the next round of NATO enlargement. (7) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Former Yugoslav Republic of Macedonia, Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that their countries will cooperate in jointly seeking NATO membership in the next round of NATO enlargement, that the realization of NATO membership by one or more of these countries would be a success for all, and that eventual NATO membership for all of these countries would be a success for Europe and NATO. (8) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated ``[a]ll of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom--and the same chance to join the institutions of Europe--as Europe's old democracies have...I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings...[a]s we plan to enlarge NATO, no nation should be used as a pawn in the agenda of others...[w]e will not trade away the fate of free European peoples...[n]o more Munichs...[n]o more Yaltas...[a]s we plan the Prague Summit, we should not calculate how little we can get away with, but how much we can do to advance the cause of freedom''. (9) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated ``NATO's doors will not close behind its first new members...NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership...[n]o nation will be automatically excluded...[n]o country outside NATO will have a veto...[a] gray zone of insecurity must not reemerge in Europe''. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) reaffirms its previous expressions of support for continued enlargement of the NATO Alliance contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, and the European Security Act of 1998; (2) supports the commitment to further enlargement of the NATO Alliance expressed by the Alliance in its Madrid Declaration of 1997 and its Washington Summit Communique of 1999; and (3) endorses the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our NATO allies to work with the United States to realize this vision at the Prague Summit in 2002. SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) In General.--Slovakia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Slovakia pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note) and the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title VII of division G of Public Law 105-277; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Authorization of Foreign Military Financing.--Of the amounts made available for fiscal year 2002 under section 23 of the Arms Export Control Act (22 U.S.C. 2763)-- (1) $6,500,000 is authorized to be available on a grant basis for Estonia; (2) $7,000,000 is authorized to be available on a grant basis for Latvia; (3) $7,500,000 is authorized to be available on a grant basis for Lithuania; (4) $8,500,000 is authorized to be available on a grant basis for Slovakia; (5) $4,500,000 is authorized to be available on a grant basis for Slovenia; (6) $10,000,000 is authorized to be available on a grant basis for Bulgaria; and (7) $11,500,000 is authorized to be available on a grant basis for Romania. (b) Conforming Amendment.--Subsection (a) of section 515 of the Security Assistance Act of 2000 (Public Law 106-280) is amended by striking paragraphs (1), (5), (6), (7), and (8) and redesignating paragraphs (2), (3), (4), and (9) as paragraphs (1) through (4), respectively.

Freedom Consolidation Act of 2001 - Reaffirms support for continued enlargement of the North Atlantic Treaty Organization (NATO) Alliance.Designates Slovakia for participation in the Partnership for Peace and eligible to receive certain security assistance under the NATO Participation Act of 1994.Authorizes specified amounts of security assistance for FY 2002 for Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, and Romania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Miners Pension Protection Act''. SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. (a) In General.--Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent. ``(C) Prohibition on benefit increases, etc.-- During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. ``(D) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. ``(E) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the Miners Pension Protection Act. ``(F) Enhanced annual reporting.-- ``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the Miners Pension Protection Act, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains-- ``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; ``(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; ``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; ``(IV) the total value of all contributions made during the plan year preceding such plan year; ``(V) the total value of all benefits paid during the plan year preceding such plan year; ``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; ``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; ``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; ``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; ``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; ``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; ``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; ``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; ``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; ``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; ``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; ``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and ``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. ``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically. ``(iii) Information sharing.--The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor. ``(iv) Penalty.--Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting `$100' for `$25'. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. ``(G) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to fiscal years beginning after September 30, 2016. (2) Reporting requirements.--Section 402(i)(4)(F) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as added by this section, shall apply to plan years beginning after the date of the enactment of this Act. SEC. 3. CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended by section 105(a) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note), as amended by section 105(b) of the Health Benefits for Miners Act of 2017, is amended by striking ``January 14, 2026'' and inserting ``May 13, 2026''.

Miners Pension Protection Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the 1974 United Mine Workers of America (UMWA) Pension Plan to provide pension benefits to retired coal miners and their families. The Department of the Treasury must transfer additional funds to the 1974 UMWA Pension Plan to pay pension benefits required under that plan if the amounts available for transfer under SMCRA's $490 million annual limit exceed the amounts required to be transferred for other purposes (including to the UMWA Health Plans). The bill also: (1) prohibits the pension plan from making certain changes to benefits during any year in which a transfer is received, and (2) establishes additional reporting requirements for the plan. As an offset, the bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Integrity and Responsibility Act''. SEC. 2. RENT REASONABLENESS TEST. (a) Housing Certificate Program.--Section 8(c)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding at the end the following new subparagraph: ``(D)(i) Each public housing agency administering assistance provided under the housing certificate program under this section shall ensure that the rent charged for each dwelling unit assisted by the agency is reasonable in comparison with rents charged for comparable unassisted units available in the private residential rental market, by-- ``(I) reviewing all rents for units under consideration by families assisted under the certificate program; and ``(II) reviewing all rent increases for units under lease by families assisted under such program. If an agency determines that the rent (or rent increase) for a unit is not reasonable, the agency shall disapprove a lease for such unit. ``(ii) For purposes of this subparagraph, rent comparisons shall be conducted by comparing the rent of the assisted dwelling unit with the rent of comparable unassisted units that are located in a geographical area, determined by the agency and approved by the Secretary that-- ``(I) is geographically smaller than the applicable housing area used for the establishment of fair market rentals under paragraph (1); ``(II) has a continuous boundary; and ``(III) exhibits a commonality of geographic, demographic, housing, or other characteristics that make it appropriate for use under this subparagraph, including characteristics such as consisting of a recognized or identifiable neighborhood or geographic area, proximity to or identification with a particular location, structure, or feature, having a population with similar incomes, or containing housing a significant portion of which is similar in age, cost, type, or design.''. (b) Housing Voucher Program.--The last sentence of paragraph (10) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''. (c) Condition on Receipt of Administrative Fees.--Section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended by adding at the end the following new paragraph: ``(5) Notwithstanding any other provision of this subsection, the fee under this subsection attributable to any dwelling unit for any fiscal year may be paid to the public housing agency only if the agency has complied, during the preceding fiscal year, with the requirement under subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling unit.''. SEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Ownership Limitation.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), a single public housing agency may not provide tenant- based assistance under this section for more than 5 dwelling units that are owned by any single owner. ``(2) Waiver.--A public housing agency may waive the applicability of the limitation under paragraph (1) with respect to an owner if the agency determines that all dwelling units owned by such owner and assisted or to be assisted with tenant-based assistance under this section are, at that time, in compliance with housing quality standards established by the Secretary for purposes of this section and any applicable State or local laws relating to housing habitability, construction, maintenance, safety, health, and sanitation. ``(3) Protection of current owners.-- ``(A) In general.--If, at any time, a single owner owns more than 5 protected dwelling units, such protected dwelling units in excess of 5 shall not be considered at such time for purposes of applying the numerical limitation under paragraph (1) to such owner. ``(B) Protected dwelling units.--A dwelling unit shall be considered to be a protected dwelling unit at any time for purposes of this paragraph only if the dwelling unit, at that time, is occupied by a tenant who-- ``(i) is an assisted family on whose behalf tenant-based assistance under this section is provided; ``(ii) on the date of the enactment of the Neighborhood Integrity and Responsibility Act occupied such unit and, at such time, was assisted with tenant-based assistance under this section; and ``(iii) has, without interruption since such date of enactment, continued to occupy such unit and continued to be assisted with such assistance. ``(4) Owner.--The Secretary shall issue regulations defining the term `single owner' for purposes of this subsection. The regulations shall provide that, with respect to any person or entity, any other person or entity owned or controlled by such person or entity (including any such affiliate or subsidiary of such person or entity) shall be considered a single owner for purposes of this subsection.''. SEC. 4. RENT PAID BY ASSISTED FAMILIES. (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the matter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' and inserting ``subparagraph (B) or (C) of section 8(c)(3)''. (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended-- (1) in the first sentence of subparagraph (A), by inserting before the period at the end the following: ``or subparagraph (B) or (C) of this paragraph, as applicable''; and (2) in subparagraph (B)(i), by striking the matter that precedes clause I and inserting the following: ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of this paragraph, a family receiving tenant-based assistance under subsection (b) may pay for rent more than the amount determined under such provisions if--''; (3) by redesignating subparagraph (B) (as so amended) as subparagraph (C); and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) A family on whose behalf tenant-based assistance under subsection (b) is provided for a dwelling unit having a maximum monthly rent under the contract equal to or exceeding 50 percent of the applicable fair market rental for the area shall pay as rent for the dwelling unit the greater of the following two amounts: ``(i) The amount determined for the family under section 3(a)(1). ``(ii) For a dwelling unit having a maximum monthly rent under the contract-- ``(I) that is equal to or exceeds 75 percent of the applicable fair market rental for the area, the amount that is equal to 50 percent of the contract rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable fair market rental for the area but is less than 75 percent of such fair market rental, the amount that is equal to 30 percent of the contract rent for the unit.''. (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2)-- (A) by striking ``The'' and inserting ``(A) Except as provided in paragraph (2), the''; and (B) by adding at the end the following new subparagraph: ``(B) The monthly assistance payment under this subsection for any family renting a dwelling unit having a rent equal to or exceeding 50 percent of the applicable payment standard for the area shall be the amount by which the payment standard exceeds the greater of the following two amounts: ``(i) The amount determined for the family pursuant to subparagraph (A). ``(ii) For a dwelling unit having a rent-- ``(I) that is equal to or exceeds 75 percent of the applicable payment standard for the area, the amount that is equal to 50 percent of the rent for the unit. ``(II) that is equal to or exceeds 50 percent of the applicable payment standard for the area but is less than 75 percent of such payment standard, the amount that is equal to 30 percent of the rent for the unit.''. (d) Conforming Amendments.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended-- (1) in clause (b) of the second sentence of subsection (c)(1), by striking ``paragraph (3)(B)'' and inserting ``paragraph (3)(C)''; and (2) in subsection (y)(6)(A), by striking ``Subsection (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.

Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals; and (2) disapprove leases that are not reasonable. Requires (currently authorizes) PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. (Sec. 3) Prohibits (with exceptions) a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. (Sec. 4) Revises tenant rent and monthly assistance provisions under the certificate and voucher programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Improvement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). SEC. 3. INTEGRATED PLANS. (a) Integrated Plans.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Integrated Plans.-- ``(1) Definition of integrated plan.--In this subsection, the term `integrated plan' means a plan developed in accordance with the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012. ``(2) In general.--The Administrator (or a State, in the case of a permit program approved by the Administrator) shall inform municipalities of the opportunity to develop an integrated plan that may be incorporated into a permit under this section. ``(3) Scope.-- ``(A) Scope of permit incorporating integrated plan.--A permit issued under this section that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to-- ``(i) a combined sewer overflow; ``(ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; ``(iii) a municipal stormwater discharge; ``(iv) a municipal wastewater discharge; and ``(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. ``(B) Inclusions in integrated plan.--An integrated plan incorporated into a permit issued under this section may include the implementation of-- ``(i) projects, including innovative projects, to reclaim, recycle, or reuse water; and ``(ii) green infrastructure. ``(4) Compliance schedules.-- ``(A) In general.--A permit issued under this section that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the schedule of compliance-- ``(i) is authorized by State water quality standards; and ``(ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). ``(B) Time for compliance.--For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of Federal Regulations, for compliance by an applicable statutory deadline under this Act does not prohibit implementation of an applicable water quality-based effluent limitation over more than 1 permit term. ``(C) Review.--A schedule of compliance incorporated into a permit issued under this section may be reviewed at the time the permit is renewed to determine whether the schedule should be modified. ``(5) Existing authorities retained.-- ``(A) Applicable standards.--Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. ``(B) Flexibility.--Nothing in this subsection reduces or eliminates any flexibility available under this Act, including the authority of a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under section 303(c). ``(6) Clarification of state authority.-- ``(A) In general.--Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan. ``(B) Transition rule.--In any case in which a discharge is subject to a judicial order or consent decree, as of the date of enactment of this subsection, resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard may not revise a schedule of compliance in that order or decree to be less stringent, unless the order or decree is modified by agreement of the parties and the court.''. (b) Implementation of Integrated Plans Through Enforcement Tools.-- Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Implementation of Integrated Plans.-- ``(1) In general.--In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan, as defined in section 402(s). ``(2) Modification.--Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may request a modification of the administrative order or settlement agreement based on that integrated plan.''. (c) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available, a report on each integrated plan developed and implemented through a permit, order, or judicial consent decree pursuant to the Federal Water Pollution Control Act since the date of publication of the ``Integrated Municipal Stormwater and Wastewater Planning Approach Framework'' issued by the Environmental Protection Agency and dated June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such an integrated plan. SEC. 4. MUNICIPAL OMBUDSMAN. (a) Establishment.--There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman. (b) General Duties.--The duties of the Municipal Ombudsman shall include the provision of-- (1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act; and (2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices. (c) Actions Required.--The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding-- (1) available Federal financial assistance for which the municipality is eligible; (2) flexibility available under the Federal Water Pollution Control Act; and (3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act. (d) Information Sharing.--The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency-- (1) general information relating to-- (A) the technical assistance referred to in subsection (b)(1); (B) the financial assistance referred to in subsection (c)(1); (C) the flexibility referred to in subsection (c)(2); and (D) any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act; and (2) a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan. SEC. 5. GREEN INFRASTRUCTURE. (a) Definition.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(27) Green infrastructure.--The term `green infrastructure' means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.''. (b) Green Infrastructure Promotion.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 519 as section 520; and (2) by inserting after section 518 the following: ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION. ``(a) In General.--The Administrator shall promote the use of green infrastructure in, and coordinate the integration of green infrastructure into, permitting and enforcement under this Act, planning efforts, research, technical assistance, and funding guidance of the Environmental Protection Agency. ``(b) Coordination of Efforts.--The Administrator shall ensure that the Office of Water coordinates efforts to increase the use of green infrastructure with-- ``(1) other Federal departments and agencies; ``(2) State, tribal, and local governments; and ``(3) the private sector. ``(c) Regional Green Infrastructure Promotion.--The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate the use of green infrastructure within the region, including through-- ``(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and ``(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. ``(d) Green Infrastructure Information-Sharing.--The Administrator shall promote green infrastructure information-sharing, including through an internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public, regarding green infrastructure approaches for-- ``(1) reducing water pollution; ``(2) protecting water resources; ``(3) complying with regulatory requirements; and ``(4) achieving other environmental, public health, and community goals.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Water Infrastructure Improvement Act (Sec. 3) This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan, such as requirements relating to combined sewer overflows, sanitary sewer collection systems, and total maximum daily loads. A plan that is incorporated into a permit may include the implementation of green infrastructure and projects to reclaim, recycle, or reuse water. Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. A municipality under an administrative order or settlement agreement may request a modification of the order or settlement based on the municipality's integrated plan. The EPA must report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through such a plan. (Sec. 4) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. (Sec. 5) The EPA must promote the use of green infrastructure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Management Participation Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the public and the Congress have both the right and a reasonable opportunity to participate in decisions that affect the use and management of all public lands owned or controlled by the Government of the United States. SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION OF NATIONAL MONUMENTS. The Antiquities Act (16 U.S.C. 431a) is amended by adding the following new section: ``Sec. 431b. Public and congressional roles in national monument declarations ``(a) The Secretaries of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon the lands owned or controlled by the Government of the United States pursuant to the authority of the Antiquities Act (16 U.S.C. 431). ``(b) In addition, the Secretary of the Interior and Agriculture shall, prior to any recommendations for declaration of an area-- ``(1) ensure compliance with all applicable federal land management and environmental statutes, including the National Environmental Policy Act (40 U.S.C. 4321-4370d); ``(2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values, if any, that may be present in such areas; ``(3) identify all existing rights held on federal lands contained within such areas by type and acreage; and ``(4) identify all State lands contained within such areas. ``(c) After such reviews and mineral surveys, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned or controlled by the Government of the United States warrant declaration as a national monument. ``(d) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to declaration as national monuments of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Management Participation Act, a recommendation of the President for declaration of a national monument shall become effective only if so provided by an Act of Congress.''. SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) in subsection (a) in the first sentence, by-- (A) inserting ``(in this section referred to as the Convention)'' after ``1973''; and (B) inserting ``and subject to subsections (b), (c), (d), (e), and (f)'' before the period at the end; (2) in subsection (b) in the first sentence, by inserting ``, subject to subsection (d),'' after ``shall''; and (3) adding at the end the following new subsections: ``(d) If the area proposed for designation is not wholly contained within an existing unit of the National Park System, the Secretary of the Interior and Agriculture: ``(1) Shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. ``(2) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion on the World Heritage List pursuant to the Convention. ``(3) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of Public Land Participation Management Act, a recommendation of the Presisident for designation of any lands owned by the United States for inclusion on the World Heritage List shall become effective only if so provided by an Act of Congress. ``(e) The Secretary of the Interior or Agriculture shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless-- ``(1) the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. ``(f) The Secretary of the Interior and Agriculture shall submit an annual report on each World Heritage Site within the United States to the chairman and ranking minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full-time-equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by an Act of Congress. ``(c) The Secretary of the Interior and Agriculture shall provide an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any lands owned by the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(d) After such review, the Secretary of the Interior or Agriculture shall report to the President his recommendations as to what lands owned by the United States warrant inclusion as a Biosphere Reserve. ``(e) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to the designation of any lands owned by the United States for inclusion as a Biosphere Reserve. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. After the effective date of the Public Land Participation Management Act, a recommendation of the President for declaration of a Biosphere Reserve shall become effective only if so provided by an Act of Congress. ``(f) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''

Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes; (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas; (3) identify all existing rights held on Federal lands contained within such areas; and (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list; and (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. (Sec. 5) Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization; and (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President; and (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Clarification Act of 1999''. SEC. 2. DETERMINATION OF EMPLOYEE AND EMPLOYER STATUS. (a) In General.--Subsection (c) of section 7701 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Employee and Employer.-- ``(1) In general.--For purposes of this title, except as otherwise expressly provided in this title-- ``(A) an individual (hereinafter in this subsection referred to as the `service provider') performing services for another person (hereinafter in this subsection referred to as the `service recipient') shall be treated as an employee of the service recipient, and ``(B) the service recipient shall be treated as the employer of such service provider, unless the requirements of each of the subparagraphs of paragraph (3) have been satisfied. ``(2) Repeal of common law tests.--The rules of this subsection shall apply in lieu of any common law rules which would otherwise apply. ``(3) Requirements.-- ``(A) Lack of control by service recipient.--The requirements of this subparagraph are met only if the service provider has the right, to the exclusion of the service recipient, to control and direct the manner of, and the means used in, the service provider's performance of services for the service recipient. ``(B) Availability of service to others.--The requirements of this subparagraph are met only if the service provider-- ``(i) makes substantially similar services available to others, and ``(ii) is not precluded by the service recipient from soliciting business opportunities that involve providing substantially similar services for other persons during the period that the service provider is providing services for the service recipient. ``(C) Entrepreneurial risk.--The requirements of this subparagraph are met only if-- ``(i) in the service provider's overall business activities, the service provider has the potential to generate profit and bears risk of loss and the extent to which profit is generated or loss is sustained depends on the service provider's efforts and decisions other than as to the amount of work performed, and ``(ii) in the event the service provider fails to perform the work in accordance with the service recipient's requirements, the service provider is either subject to liability to the service recipient for damages arising from claims sounding in contract or would be subject to such liability but for a waiver by the service recipient. ``(4) Person.--For purposes of this subsection, the term `person' includes any governmental unit (and any agency or instrumentality thereof).'' (b) Repeal of Section 530 of Revenue Act of 1978.--Section 530 of the Revenue Act of 1978 is hereby repealed. (c) Conforming Amendments.-- (1) Paragraph (2) of section 3121(d) of such Code is amended to read as follows: ``(2) any individual who is treated as an employee under section 7701(c); or''. (2) Paragraph (2) of section 210(j) of the Social Security Act is amended to read as follows: ``(2) any individual who is treated as an employee under section 7701(c) of the Internal Revenue Code of 1986; or''. (3) Subsection (a) of section 7701 of such Code is amended by inserting after paragraph (33) the following new paragraph: ``(34) Includes and including.--The terms `includes' and `including' when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.'' (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to services performed after December 31, 2000. (2) Repeal of limitations on regulations and rulings.--The repeal made by subsection (b), insofar as it relates to section 530(b) of the Revenue Act of 1978, shall take effect on the date of the enactment of this Act; except that regulations and Revenue Rulings permitted to be issued by reason of such repeal may not apply to services performed before January 1, 2001. SEC. 3. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS. (a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions applicable to employment taxes) is amended by adding at the end the following new section: ``SEC. 3511. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS. ``(a) General Rule.--If-- ``(1) for purposes of employment taxes, the taxpayer treats an individual as not being an employee for any period after December 31, 2000, and ``(2) for such period, the taxpayer meets-- ``(A) the consistency requirements of subsection (b), ``(B) the return filing requirements of subsection (c), and ``(C) the safe harbor requirement of subsection (d), for purposes of applying this subtitle for such period, the individual shall be deemed not to be an employee of the taxpayer for such period. The preceding sentence shall cease to apply to periods beginning more than 60 days after the date that the Secretary notifies the taxpayer in writing of a final administrative determination that the taxpayer should treat such individual (or any individual holding a substantially similar position) as an employee. ``(b) Consistency Requirements.--A taxpayer meets the consistency requirements of this subsection with respect to any individual for any period if the taxpayer treats such individual (and all other individuals holding substantially similar positions) as not being an employee for purposes of the employment taxes for such period and all prior periods after December 31, 1978. ``(c) Return Filing Requirements.--The taxpayer meets the return filing requirements of this subsection with respect to any individual for any period if all Federal tax returns (including information returns) required to be filed by the taxpayer for such period with respect to such individual are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee. ``(d) Safe Harbors.-- ``(1) In general.--The taxpayer meets the safe harbor requirement of this subsection with respect to any individual for any period if the taxpayer establishes that its treatment of such individual as not being an employee for such period was-- ``(A) in reasonable reliance on a written determination (as defined in section 6110(b)(1)) issued to the taxpayer that addressed the employment status of the individual or an individual holding a substantially similar position with the taxpayer; ``(B) in reasonable reliance on a concluded Internal Revenue Service audit of the taxpayer in which the employment status of the individual or any individual holding a substantially similar position with the taxpayer was examined and the taxpayer was notified in writing that no change would be made to such individual's employment status; or ``(C) supported by substantial authority. For purposes of subparagraph (C), the term `substantial authority' has the same meaning as when used in section 6662(d)(2)(B)(i); except that such term shall not include (i) any private letter ruling issued to a person other than the taxpayer, and (ii) any authority that does not address the employment status of individuals holding positions substantially similar to that of the individual. ``(2) Special rules.-- ``(A) Application to pre-2001 determinations, etc.--Paragraph (1) shall apply without regard to whether the determination, audit, or the authority referred to therein was before January 1, 2001. ``(B) Subsequent authority.--The taxpayer shall not be considered to meet the safe harbor requirement of paragraph (1) with respect to any individual for any period if the treatment of such individual as not being an employee is inconsistent with any regulation, Revenue Ruling, Revenue Procedure, or other authority-- ``(i) which is published by the Secretary at least 60 days before the beginning of such period and after the date of the determination, the conclusion of the audit, or the substantial authority referred to in paragraph (1), and ``(ii) which applies to the type of services performed by such individual or the industry or business in which such services are performed. ``(3) Transitional rule.--Except as provided in paragraph (2)(B), the taxpayer shall be considered to meet the safe harbor requirement of paragraph (1) with respect to services performed by an individual during 2001 or 2002 if the taxpayer would be treated under section 530 of the Revenue Act of 1978 (as in effect on the day before the date of the enactment of this section) as having a reasonable basis for not treating such individual as an employee. ``(e) Other Special Rules.-- ``(1) Notice.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Availability of safe harbors.--Nothing in this section shall be construed to provide that this section only applies where the individual involved is otherwise an employee of the taxpayer. ``(f) Definitions and Special Rules.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual as an employee or as an independent contractor (or other individual who is not an employee). ``(3) Taxpayer.--The term `taxpayer' includes any person or entity (including a governmental entity) which is (or would be but for this section) liable for any employment tax. Such term includes any predecessor or successor to the taxpayer. ``(4) Substantially similar position.--The determination as to whether an individual holds a position substantially similar to a position held by another individual shall include consideration of the relationship between the taxpayer and such individuals. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Limitations on retroactive employment tax reclassifications.'' (c) Effective Date.--The amendments made by this section shall apply to all periods beginning after December 31, 2000. SEC. 4. STATUTE OF LIMITATIONS ON ASSESSMENT OF EMPLOYMENT TAXES TO RUN BEGINNING ON DATE CERTAIN INFORMATION RETURNS FILED. (a) In General.--Subsection (b) of section 6501 of the Internal Revenue Code of 1986 (relating to limitations on assessment and collection) is amended by adding at the end the following new paragraph: ``(5) Certain information returns to begin limitation periods on employment taxes.--For purposes of this section, if-- ``(A) a return is filed under section 6041 or 6041A which specifies an amount of payments made to any individual for services performed by such individual, and ``(B) such payments are not taken into account in determining the taxes imposed by chapters 21 and 24, then, notwithstanding the last sentence of subsection (a), such return shall be treated as the return referred to in subsection (a) for purposes of determining the period of limitations with respect to such taxes on such services.'' (b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2000.

Sets forth restrictions on retroactive employment tax reclassifications, including safe harbor requirements. Provides that the statute of limitations on assessment of employment taxes shall run beginning on the date certain information returns (specifying payments to an individual for services performed where the payments are not taken into account in determining such taxes) are filed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hass Avocado Quality Assurance Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions. (2) Hass avocados are a significant tree fruit crop grown by many individual producers both domestically and abroad. (3) Hass avocados move in interstate and foreign commerce and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce of Hass avocados. (4) The maintenance and expansion of markets in existence on the date of enactment of this Act, and the development of new or improved markets or uses for Hass avocados, are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers, importers, and other persons associated with the producing, importing, marketing, processing, and consuming of Hass avocados. (5) The marketing of immature Hass avocados adversely affects demand for all Hass avocados because immature avocados are unpalatable and unfit for human consumption and, when marketed, result in dissatisfied customers who will cease purchasing Hass avocados. (6) There is no better method of ensuring the maturity of Hass avocados than through requiring that Hass avocados meet an established mandatory minimum maturity standard, as measured by percentage of dry matter. (7) The application of consistent and mandatory minimum maturity standards for all Hass avocados is necessary for the maintenance, expansion, and development of markets for Hass avocados. (b) Purpose.--It is the purpose of this Act to set forth certain mandatory quality standards in the form of mandatory minimum maturity requirements for all Hass avocados, and to provide the Secretary with the authority necessary to ensure that such standards are met, with the intention of-- (1) strengthening the position of the Hass avocado industry in the domestic marketplace; and (2) maintaining, developing, and expanding markets and uses for Hass avocados. SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS. ``(a) In General.--Not later than 180 days after the date of the enactment of the Hass Avocado Quality Assurance Act of 2007, the Secretary of Agriculture shall issue final regulations to ensure that all Hass avocados sold to consumers in the United States meet the minimum maturity standards (as measured by percentage of dry matter) for sale to a consumer of the State of California, as required by regulations issued pursuant to chapter 9 of division 17 of the California Food and Agricultural Code or any succeeding provision of California law governing the minimum maturity standards of Hass avocados for sale to a consumer. ``(b) Exceptions.--Subsection (a) and the regulations issued pursuant to subsection (a) shall not apply to Hass avocados-- ``(1) intended for consumption by charitable institutions; ``(2) intended for distribution by relief agencies; ``(3) intended for commercial processing into products; or ``(4) that the Secretary determines should not be subject to such subsection or such regulations. ``(c) Use of Existing Inspectors.--The Secretary shall, to the greatest extent practicable, use inspectors that inspect avocados for compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to conduct inspections under this section. ``(d) Penalties.-- ``(1) Diversion.--The Secretary may divert, export, or repack and reinspect any Hass avocados that do not meet the requirements of this section or the regulations issued pursuant to this section. ``(2) Civil penalties.--The Secretary may require any person who violates this section or the regulations issued pursuant to this section to-- ``(A) forfeit to the United States a sum equal to the value of the commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States; or ``(B) on conviction, be fined not less than $50 or more than $5,000 for each violation. ``(e) Fees.--The Secretary may prescribe and collect fees to cover the costs of providing for the inspection of Hass avocados under this section. All fees and penalties collected shall be credited to the accounts that incur such costs and shall remain available until expended without fiscal year limitation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. SEVERABILITY. If any provision of this Act or the amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendment made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.

Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California. Provides exceptions for commercial processing and charitable and relief uses. Sets forth penalty provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diamond-Blackfan Anemia Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Diamond-Blackfan anemia is a rare genetic bone marrow failure disorder, which develops in infancy and results in severe anemia due to failure to make red blood cells. (2) Diamond-Blackfan anemia patients have an increased risk of leukemia, solid tumors, and complete bone marrow failure. (3) Fifty percent of patients with Diamond-Blackfan anemia are born with birth defects, including abnormalities to the face, head, upper arm and hand, genitourinary, and heart, and 21 percent of the affected patients have more than 1 defect. (4) Treatments for Diamond-Blackfan anemia, including the use of blood transfusions and steroids such as prednisone, have potential long-term side effects, including osteoporosis, iron overload (because of the transfusions), and impaired growth (because of the steroids). (5) The only cure for Diamond-Blackfan anemia is a bone marrow transplant, a procedure that carries serious risks and, since most patients lack an acceptable donor, is an option for only about 25 percent of patients. (6) Because Diamond-Blackfan anemia is a genetic disorder of red cell production and a cancer predisposition syndrome with a high rate of congenital anomalies, the Federal investment regarding Diamond-Blackfan anemia must be expanded to allow the careful dissection of this disease, which will provide valuable insights into the biology of blood disorders and cancer predisposition and serve as an important model for understanding the genetics of birth defects. SEC. 3. DIAMOND-BLACKFAN ANEMIA. (a) DBA-Related Activities of NIH.--Part A of title IV of the Public Health Service Act is amended by inserting after section 404G (42 U.S.C. 283i) the following: ``diamond-blackfan anemia ``Sec. 404H. (a) In General.--The Director of NIH, in coordination with the Directors of the National Heart, Lung, and Blood Institute, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Office of Rare Diseases, shall expand and intensify research and related activities of the National Institutes of Health with regard to Diamond-Blackfan anemia. ``(b) Comprehensive Research Initiative.-- ``(1) In general.--In carrying out this section, the Director of NIH shall make grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative to study, develop better treatments for, and ultimately find a cure for Diamond-Blackfan anemia. ``(2) Research.--The initiative supported under this subsection may include research on the following: ``(A) The links of Diamond-Blackfan anemia to chronic diseases. ``(B) Red cell differentiation. ``(C) The pathophysiology of Diamond-Blackfan anemia. ``(D) The relationship between Diamond-Blackfan anemia and predisposition to cancer. ``(E) Congenital anomalies in Diamond-Blackfan anemia patients.''. (b) DBA-Related Activities of CDC.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R the following: ``SEC. 317S. REGISTRY AND CLINICAL CARE CENTER FOR DIAMOND-BLACKFAN ANEMIA. ``(a) Registry.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall maintain and expand the Diamond-Blackfan Anemia Registry (in this section referred to as the `Registry'). ``(b) Comprehensive Clinical Care Center.-- ``(1) Establishment.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a comprehensive clinical care center for Diamond-Blackfan anemia where a majority of the patients with the disease are examined, treated, and tracked through the Registry, by experts in the disease. ``(2) Duties.--The center established under this section shall-- ``(A) gather and analyze extensive data on Diamond- Blackfan anemia to be used for public, non-profit, and government research initiatives involving gene discovery, ribosomal protein function, genetics of birth defects, blood cell formation (recovery from cancer chemotherapy), cancer predisposition, red cell differentiation, and a comparison of therapeutic treatments including blood transfusion, steroids, and bone marrow transplants; ``(B) provide thorough examinations of Diamond- Blackfan anemia patients by experts in the disease to confirm diagnosis and provide genetic typing along with a multi-system evaluation; and ``(C) provide clinical care for Diamond-Blackfan anemia.''.

Diamond-Blackfan Anemia Research and Care Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health, in coordination with other specified officials, to expand and intensify research and related activities of the Institute with regard to Diamond-Blackfan Anemia. States that the Director shall as part of such effort award grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative.Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) maintain and expand the Diamond-Blackfan Anemia Registry; and (2) establish a comprehensive clinical care center for Diamond-Blackfan Anemia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Bill of Rights Act''. SEC. 2. FINDINGS; POLICY. (a) Findings.--The Congress finds the following: (1) Fishing is an important and traditional recreational activity in which 36,000,000 Americans 16 years old and older participate. (2) Hunting is an important and traditional recreational activity in which 14,000,000 Americans 16 years old and older participate. (3) Survey data from a recent comprehensive 3-year study entitled ``Factors Related to Hunting and Fishing Participation in the United States'' suggest that an overwhelming majority of Americans approved of fishing and hunting. (4) Anglers and hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States. (5) Persons who hunt or fish and organizations related to those activities provide direct assistance to wildlife managers and enforcement officers of Federal, State, and local governments. (6) Funds raised through license, permit, and stamp purchases, as well as through excise taxes on goods used by anglers and hunters, have generated more than $6,000,000,000 for wildlife research and management. (7) Fishing and hunting are essential components of effective wildlife management, in that they tend to reduce conflicts between people and wildlife and provide incentives for the conservation of wildlife and habitats and ecosystems on which wildlife depends. (8) Each State has established one or more agencies staffed by professionally trained fish and wildlife management personnel, has legal authority to manage the fish and wildlife found within the State, and carries out sound programs of fish and wildlife management. (b) Policy.--It is the policy of the United States that in performing duties under Federal law, all Federal agencies that have authority to manage a natural resource or the Federal public land and water on which a natural resource depends shall exercise the authority, consistent with section 3(e), in a manner so as to support, promote, and enhance hunting and fishing opportunities to the extent permitted under State law and regulation and in accordance with applicable Federal law. SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS. (a) In General.--Federal public land and water shall be open to access and use for fishing and hunting except-- (1) as limited by the State in which the Federal public land or water is located; or (2) as limited by the Federal agency responsible for the Federal public land or water-- (A) for reasons of national security; (B) for reasons of public safety; or (C) for reasons specifically authorized in applicable statutes. (b) Limitations on Terms of Federal Closure to Fishing or Hunting.-- (1) Limitation on duration.--Any closure of Federal public land or water to fishing or hunting may continue in effect only during the period in which the specific circumstances for which the closure is established exist. (2) Rule of construction.--Any authority of a Federal agency to close particular land or water to hunting or fishing shall not be construed as authority to protect or manage fish or wildlife. (c) Certain Federal Public Land and Water Administered by the National Park Service.--Nothing in this Act shall compel the opening to hunting or fishing of national parks or national monuments administered by the National Park Service. (d) No Priority.--This section does not require a Federal agency to give preference to fishing or hunting over other uses of Federal public land or water or land or water management priorities established in Federal law. (e) Authority of the States.-- (1) In general.--Nothing in this Act impairs the primacy of State authority in regulating the taking of fish and wildlife on land or water within the State, including Federal public land or water. (2) Federal authority.--Except as expressly provided by Act of Congress, the authority of a Federal agency regarding the taking of fish and wildlife on Federal public land or water managed by the Federal agency shall be no greater than the rights of a private owner of land or water. SEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS. (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An Act to provide that the United States shall aid the States in wildlife- restoration projects, and for other purposes'', approved September 2, 1937 (16 U.S.C. 669 et seq.; commonly known as the Federal Aid in Wildlife Restoration Act), is amended-- (1) by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary of the Interior''; and (2) in section 4 by adding at the end the following: ``(c) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (16 U.S.C. 777c; commonly known as the Federal Aid in Fish Restoration Act), is amended by adding at the end the following: ``(f) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS. (a) Statement.--No Federal agency action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water shall be effective until the agency prepares a detailed statement evaluating the effect of the action on fishing and hunting. (b) Notice and Hearing.--Before taking an action described in subsection (a), a Federal agency shall-- (1) provide notice of the proposed agency action to the appropriate State agency responsible for the conduct or oversight of fish and wildlife management; and (2) conduct a public hearing in the vicinity of the proposed action. (c) Judicial Review.--An individual or entity that may be adversely affected by a loss of fishing or hunting opportunities on Federal public land or water as a result of an agency action described in subsection (a) may bring a civil action in a United States district court for review of the adequacy of the statement required in subsection (a). (d) Emergencies.--Nothing in this section precludes an agency from exercising statutory authority to close Federal public land or water in an emergency or other exigent circumstances. (e) Effect on Other Law.--Nothing in this section affects or has application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 6. CIVIL ACTIONS. (a) Intervention.--A person interested in participating in fishing or hunting shall be entitled to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of any Federal public land or water in which the plaintiff seeks an order that would require the use (or nonuse) of the land or water in such a manner as to impair access to or use of the land or water for the purpose of fishing or hunting as required by this Act. (b) Consideration of Interests.--If an intervenor under subsection (a) shows that the application of another Federal law as sought by the plaintiff would be likely to impair access to or use of the Federal public land or water for the purpose of fishing or hunting as required by this Act, the court shall not grant the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to and use of Federal public land or water for fishing and hunting. (c) State Deemed Indispensable Party.--In any civil action brought in any United States district court under any other Federal law relating to the use of any Federal public land or water, a State is deemed an indispensable party if management by the State of fish and resident wildlife, including hunting and fishing, would be curtailed or if opportunities provided by the State for hunting and fishing would be reduced or eliminated by a grant of preliminary or final relief. SEC. 7. STANDING TO BRING A CIVIL ACTION. An individual who is licensed by a State to engage in fishing or hunting, or an organization representing the interests of such individuals, may bring a civil action in a United States district court to seek declaratory or injunctive relief regarding the implementation of any provision of this Act, including a declaration that a civil action brought by another person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. SEC. 8. DEFINITIONS. As used in this Act: (1) Hunting and fishing.--For any State, the terms ``hunting'' and ``fishing'' include all means and methods of taking fish and wildlife as authorized and regulated by the State agency responsible for the conduct or oversight of fish and wildlife management. (2) Federal public land or water.--The term ``Federal public land or water''-- (A) except as provided in subparagraph (B), means all lands and waters owned in fee by the United States and all property interests owned by the United States in land or water, including easements, that are administered by-- (i) the Secretary of the Interior through the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, or the Bureau of Reclamation; (ii) the Secretary of Agriculture through the United States Forest Service; or (iii) the Secretary of Defense through the United States Army Corps of Engineers or pursuant to the Sikes Act (16 U.S.C. 670a et seq.); and (B) does not include any land or water, or interest in land or water, that is part of a national park or national monument, administered by the National Park Service.

Sportsmen's Bill of Rights Act - Requires Federal public land and water to be open to access and use for fishing and hunting except as limited by: (1) the State involved; or (2) the responsible Federal agency for reasons of national security, public safety, or specific authorization. Allows such land to be closed only during the period in which the reasons for such closure exist. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently the Secretary of Agriculture of Puerto Rico) in wildlife-restoration projects. Prohibits funds made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects under such Act and the Federal Aid in Fish Restoration Act from being used as a supplement to decreased funding for any other expense of the Secretary. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water until the agency prepares a detailed statement evaluating the action's effect on fishing and hunting. Provides for judicial review of such action. Provides for intervention by an interested person in a civil action relating to the use of Federal public land or water for fishing or hunting. Provides standing to seek declaratory or injunctive relief regarding the implementation of this Act for an individual licensed to engage in fishing or hunting, or an organization representing the interests of such individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of Talent Act''. SEC. 2. RETURN OF TALENT PROGRAM. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following: ``temporary absence of persons participating in the return of talent program ``Sec. 317A. (a) In General.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall establish the Return of Talent Program to permit eligible aliens to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities, for a period not exceeding 24 months, unless an exception is granted under subsection (d). ``(b) Eligible Alien.--An alien is eligible to participate in the Return of Talent Program established under subsection (a) if the alien meets the special immigrant description under section 101(a)(27)(N). ``(c) Family Members.--The spouse, parents, siblings, and any minor children of an alien who participates in the Return of Talent Program established under subsection (a) may return to such alien's country of citizenship with the alien and reenter the United States with the alien. ``(d) Extension of Time.--The Secretary of Homeland Security may extend the 24-month period referred to in subsection (a) upon a showing that circumstances warrant that an extension is necessary for post- conflict or natural disaster reconstruction efforts. ``(e) Residency Requirements.--An immigrant described in section 101(a)(27)(N) who participates in the Return of Talent Program established under subsection (a), and the spouse, parents, siblings, and any minor children who accompany such immigrant to that immigrant's country of citizenship, shall be considered, during such period of participation in the program-- ``(1) for purposes of section 316(a), physically present and residing in the United States for purposes of naturalization within the meaning of that section; and ``(2) for purposes of section 316(b), to meet the continuous residency requirements in that section. ``(f) Oversight and Enforcement.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall oversee and enforce the requirements of this section.''. (b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following: ``317A. Temporary absence of persons participating in the Return of Talent Program.''. SEC. 3. ELIGIBLE IMMIGRANTS. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon after ``Improvement Act of 1998''; (2) in subparagraph (M), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(N) an immigrant who-- ``(i) has been lawfully admitted to the United States for permanent residence; ``(ii) demonstrates an ability and willingness to make a material contribution to the post-conflict or natural disaster reconstruction in the alien's country of citizenship; and ``(iii) as determined by the Secretary of State in consultation with the Secretary of Homeland Security-- ``(I) is a citizen of a country in which Armed Forces of the United States are engaged, or have engaged in the 10 years preceding such determination, in combat or peacekeeping operations; ``(II) is a citizen of a country where authorization for United Nations peacekeeping operations was initiated by the United Nations Security Council during the 10 years preceding such determination; or ``(III) is a citizen of a country which received, during the preceding 2 years, funding from the Office of Foreign Disaster Assistance of the United States Agency for International Development in response to a declared disaster in such country by the United States Ambassador, the Chief of the U.S. Mission, or the appropriate Assistant Secretary of State, that is beyond the ability of such country's response capacity and warrants a response by the United States Government.''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit a report to Congress that describes-- (1) the countries of citizenship of the participants in the Return of Talent Program established under section 317A of the Immigration and Nationality Act, as added by section 2; (2) the post-conflict or natural disaster reconstruction efforts that benefitted, or were made possible, through participation in the program; and (3) any other information that the Secretary of Homeland Security determines to be appropriate. SEC. 5. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services for fiscal year 2008, such sums as may be necessary to carry out this Act and the amendments made by this Act.

Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible immigrant alien (as defined by this Act) and certain family members to return for up to 24 months (with an extension available) to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict or natural disaster reconstruction activities. States that during such absence the alien and family members shall be considered to be physically and continuously present and residing in the United States for naturalization purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birthparent Assistance Act of 2008''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to enhance post-placement services for birthparents who have placed a child for adoption; (2) to initiate or enhance post-placement counseling services for birthparents who have placed a child for adoption; and (3) to identify how post-placement services for birthparents who have placed a child for adoption can be improved. SEC. 3. AUTHORIZATION OF POST-ADOPTION SERVICES FOR BIRTHPARENTS. (a) Services Authorized.--The Secretary of Health and Human Services shall, either directly or by grant to or contract with the eligible entities described in subsection (b), provide services described in subsection (c) for birthparents who have placed a child for adoption. (b) Eligible Entities.--The eligible entities referred to in subsection (a) are States, local governmental entities, and public or private agencies or organizations, including public or private licensed child welfare or adoption agencies or adoptive family groups and faith- based organizations. (c) Types of Services.--The types of services referred to in subsection (a) are-- (1) post-legal adoption services for birthparents; (2) counseling services for birthparents who have placed a child for adoption, including-- (A) individual counseling; (B) group counseling; and (C) family counseling; (3) establishment and operation of a nationally-available hotline to-- (A) provide counseling services described in paragraph (2) for birthparents; and (B) provide other information relating to the availability of post-adoption services and benefits for birthparents, including contact information for post- adoption services and benefits provided by States and local units of government, as appropriate; and (4) training of staff at hospitals and other appropriate birth care facilities relating to interaction of such staff with birthparents and adoptive families. (d) Application.--Each eligible entity referred to in subsection (a) that desires to receive a grant or enter into a contract with the Secretary under subsection (a) shall submit an application to the Secretary that describes the manner in which the entity will use funds under the grant or contract during the 3 fiscal years subsequent to the date of the application to accomplish the purposes of this section. Such application shall be in a form and manner determined to be appropriate by the Secretary. (e) Reports.--The Secretary shall require each eligible entity referred to in subsection (a) that receives a grant or enters into a contract with the Secretary under subsection (a) to submit to the Secretary a report on the services provided or activities carried out by the entity for each fiscal year for which the entity receives amounts under the grant or contract. The report shall contain such information as the Secretary determines is necessary to provide an accurate description of the services provided or activities carried out with such amounts. (f) Services To Supplement and Not Supplant.--Services provided under a grant or contract under subsection (a) shall supplement, and not supplant, services provided using any other funds made available for the same general purposes. (g) Technical Assistance and Administrative Provisions.--The Secretary shall-- (1) provide technical assistance to eligible entities referred to in subsection (a) that receive a grant or enter into a contract with the Secretary under subsection (a) for purposes of providing the services described in subsection (c); (2) as appropriate, coordinate the provision of services described in subsection (c) with other adoption-related research, training, services, and assistance activities carried out by the Department of Health and Human Services; and (3) either directly, or by grant to or contract with a public or private agency or organization-- (A) evaluate the implementation and effectiveness of the provision of services described in subsection (c) and other activities carried out under this section; (B) identify different post-placement services provided for birthparents, the availability and utilization of such services, and how post-placement services might be improved; and (C) not later than 3 years after the date of the enactment of this Act, submit to Congress a report that contains the results of the evaluation under subparagraph (A) and the information described in subparagraph (B). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out this Act, there are authorized to be appropriated to the Secretary of Health and Human Services-- (1) $30,000,000 for fiscal year 2009; and (2) such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

Birthparent Assistance Act of 2008 - Directs the Secretary of Health and Human Services to provide certain post-legal adoption services, counseling, and a nationally-available hotline for birthparents who have placed a child for adoption.

SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS. (a) Appointment of Chief Financial Officer.-- (1) In general.--The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under section 2(d). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to section 2(d), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (2) Acting chief financial officer.--If a Chief Financial Officer has not been appointed under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under section 2(d), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of paragraph (1). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (b) Transfer of Functions.-- (1) In general.--Upon the appointment of a Chief Financial Officer under subsection (a), the functions of the Director of the Office of Management and Budget established under the laws of the Virgin Islands shall be transferred to the Chief Financial Officer. All employees of the Office of Management and Budget become employees of the Office of the Chief Financial Officer. (2) Documents provided.--The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (c) Duties of Chief Financial Officer.--The duties of the Chief Financial Officer shall include the following: (1) Assume the functions and authority of the office of the Office of Management and Budget established under the laws of the Virgin Islands as transferred under subsection (b). (2) Develop a report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public and shall be submitted to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. (3) Each year certify spending limits of the annual budget and whether or not the annual budget is balanced. (4) Monitor operations of budget for compliance with spending limits, appropriations, and laws, and direct adjustments where necessary. (5) Develop standards for financial management, including inventory and contracting, for the government of the Virgin Islands in general and for each agency in conjunction with the agency head. (6) Oversee all aspects of the implementation of the financial management system provided pursuant to section 3 to ensure the coordination, transparency, and networking of all agencies' financial, personnel, and budget functions. (7) Provide technical staff to the Governor and legislature of the Virgin Islands for development of a deficit reduction and financial recovery plan. (d) Deputy Chief Financial Officer.--Until the date that is 5 years after the date of the enactment of this Act, the position of the Director of the Office of Management and Budget of the Virgin Islands shall-- (1) have the duties, salary (as specified in subsection (f)(3)), and other conditions of the Deputy Chief Financial Officer in lieu of the duties, salary, and other conditions of the Director of the Office of Management and Budget of the Virgin Islands as such functions existed before the appointment of the Chief Financial Officer; and (2) assist the Chief Financial Officer in carrying out the duties of the Chief Financial Officer. (e) Conditions Related to Chief Financial Officer.-- (1) Term.--The Chief Financial Officer shall be appointed for a term of 5 years. (2) Removal.--The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (3) Replacement.--If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with subsection (a). (4) Salary.--The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (f) Conditions Related to Deputy Chief Financial Officer.-- (1) Term; removal.--The Deputy Chief Financial Officer shall serve at the pleasure of the Chief Financial Officer. (2) Replacement.--If the Deputy Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another person shall be selected by the Governor of the Virgin Islands to serve as Deputy Chief Financial Officer. (3) Salary.--The Deputy Chief Financial Officer shall be paid at a salary to be determined by the Chief Financial Officer, except such rate may not be less than the rate of pay of the Director of the Office of Management and Budget. (g) Resumption of Functions.--On the date that is 5 years after the date of the enactment of this Act, the functions of the Chief Financial Officer shall be transferred to the Director of the Office of Management and Budget of the Virgin Islands. (h) Sunset.--This section shall cease to have effect after the date that is 5 years after the date of the enactment of this Act. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Virgin Islands Chief Financial Officer Search Commission''. (b) Duty of Commission.--The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. Candidates shall not have served in a policy making or unclassified position of the Government of the Virgin Islands in the 10 years immediately preceding appointment as Chief Financial Officer. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 9 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (A) 1 individual appointed by the Governor of the Virgin Islands. (B) 1 individual appointed by the President of the Legislature of the Virgin Islands. (C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (E) 1 individual appointed by the Chamber of Commerce of St. Croix. (F) 1 individual appointed by the President of the University of the Virgin Islands. (G) 1 individual appointed by the Chief Judge of the Virgin Islands Territorial Court. (H) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (I) 1 individual appointed by the Advocates for the Preservation of the Retirement System. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (3) Basic pay.--Members shall serve without pay. (4) Quorum.--Five members of the Commission shall constitute a quorum. (5) Chairperson.--The Chairperson of the Commission shall be the Chief Judge of the Territorial Court or her designee and shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (6) Meetings.--The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (7) Government employment.--Members may not be current government employees, except for the member appointed under paragraph (1)(C); and (d) Report; Recommendations.--The Commission shall transmit a report to the Governor and the Resources Committee of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission's recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (e) Termination.--The Commission shall terminate 210 days after its first meeting. SEC. 3. FINANCIAL MANAGEMENT SYSTEM. It is hereby authorized to be appropriated such sums as necessary for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. Upon becoming available, the financial management system shall be available to the Chief Financial Officer and, after the date that is 5 years after the date of the enactment of this Act, the Director of the Office of Management and Budget of the Virgin Islands, to assist the Chief Financial Officer or the Director of the Office of Management and Budget of the Virgin Islands, as the case may be, to carry out the official duties of that office. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Chief financial officer.--In sections 1 and 2, the term ``Chief Financial Officer'' means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under section 1(a). (2) Commission.--The term ``Commission'' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2. (3) Governor.--The term ``Governor'' means the Governor of the Virgin Islands. (4) Removal for cause.--The term ``removal for cause'' means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge. SEC. 5. NO ABROGATION OF POWERS. Nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to dilute, delegate, or otherwise alter or weaken the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands. Passed the House of Representatives September 22, 2004. Attest: JEFF TRANDAHL, Clerk.

(Sec. 1) Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that if: (1) the Legislature has not confirmed a nominee within 90 days the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer; and (2) a Chief Financial Officer has not been appointed within 180 days the Virgin Islands Chief Financial Officer Search Commission shall appoint from such list an Acting Chief Financial Officer until a Chief Financial Officer is appointed. Sets forth the Chief Financial Officer's duties, including: (1) assumption of the functions and authority of the Office of Management and Budget; and (2) budget and financial management systems oversight. Transfers the functions of the Director of the Office of Management and Budget to the Chief Financial Officer. Alters the position of the Director of the Office of Management and Budget to that of the Deputy Chief Financial Officer. Implements such changes for a five-year period. (Sec. 2) Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission 210 days after its first meeting. (Sec. 3) Authorizes appropriations for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. States that such system shall be available to the Chief Financial Officer, and five years after the date of enactment of this Act, to the Director of the Office of Management and Budget of the Virgin Islands. (Sec. 5) States that nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to delegate or otherwise alter the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands.

SECTION 1. ESTABLISHMENT OF THE OFFICE OF WOMEN'S EQUITY. (a) Office of Women's Equity.--The Department of Education Organization Act is amended-- (1) by redesignating section 215 as 216; and (2) by inserting after section 214 the following: ``SEC. 215. OFFICE OF WOMEN'S EQUITY. ``(a) There shall be in the Department, an Office of Women's Equity, to be administered by a Director of Women's Equity, who shall be appointed by the Secretary. The Director shall promote, coordinate and evaluate gender equity programs, disseminate information, provide technical assistance, coordinate research activities, and administer grant programs. The Director shall report directly to the Secretary, and shall perform such additional functions as the Secretary shall prescribe. ``(b) The Director shall, not later than the final day of each fiscal year, submit a report to the President and the Congress setting forth the programs and activities assisted under the Women's Educational Equity Act, and provide for the distribution of such report to all interested groups and individuals.''. (b) Organizational Entity.--For purposes of section 413(a) of the Department of Education Organization Act, the Office of Women's Equity shall be considered to be an organizational entity established under such Act and shall not be subject to the reorganization authority of the Secretary of Education under such section or any other provision of law. SEC. 2. WOMEN'S EDUCATIONAL EQUITY PROGRAM. Part A of title IV of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``PART A--WOMEN'S EDUCATIONAL EQUITY ``SEC. 4001. SHORT TITLE. ``This part may be cited as the `Women's Educational Equity Act of 1993'. ``SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE. ``(a) Findings.--The Congress finds and declares that-- (1) educational programs in the United States are frequently inequitable as such programs relate to women and girls; (2) such inequities limit the full participation of all individuals in American society; and (3) efforts to improve the quality of public education also must include efforts to ensure equal access to quality education programs for all women and girls. ``(b) Purpose.--The purpose of this part is to provide gender equity in education in the United States, to provide financial assistance to enable educational agencies and institutions to meet the requirements of title IX of the Educational Amendments of 1972, and to provide equity in education to women and girls who suffer multiple forms of discrimination based on sex, race, ethnic origin, limited English proficiency, disability, or age. ``SEC. 4003. PROGRAMS AUTHORIZED. ``The Director of the Office of Women's Educational Equity (referred to in this part as the `Director' is authorized-- ``(1) to promote, coordinate and evaluate gender equity policies, programs, activities and initiatives in all Federal education programs and offices; ``(2) to develop, maintain, and disseminate materials, resources, analyses and research relating to education equity for women and girls; ``(3) to provide information and technical assistance to assure the effective implementation of gender equity programs; ``(4) coordinate gender equity programs and activities with other Federal agencies that have jurisdiction over education and related programs; ``(5) to provide grants to develop model equity programs; ``(6) to provide funds for the implementation of equity programs in schools throughout the Nation; and ``(7) to coordinate or provide any other activities consistent with achieving the purposes of this part. ``SEC. 4004. LOCAL IMPLEMENTATION GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students and community groups, for activities designed to achieve the purposes of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education and vocational and technical education; for the establishment and operation, for a period not exceeding 4 years, of local programs to ensure-- ``(1) educational equity for women and girls; ``(2) equal opportunities for both sexes; and ``(3) to conduct activities incident to achieving compliance with title IX of the Education Amendments of 1972. ``(b) Grant Program.--Authorized activities under subsection (a) may include-- ``(1) introduction into the curriculum and classroom of curricula, textbooks, and other material designed to achieve equity for women and girls; ``(2) implementation of preservice and inservice training with special emphasis on programs and activities designed to provide educational equity for women and girls; ``(3) evaluation of promising or exemplary model programs to assess the ability of such programs to improve local efforts to advance educational equity for women and girls; ``(4) implementation of programs and policies to address sexual harassment and violence against women and girls and to ensure that educational institutions are free from threats to the safety of students and personnel; ``(5) implementation of guidance and counseling activities, including career education programs, designed to ensure educational equity for women and girls; ``(6) implementation of nondiscriminatory tests of aptitude and achievement and of alternative assessments that eliminate biased assessment instruments from use; ``(7) implementation of programs to increase educational opportunities, including higher education, vocational training, and other educational programs for low-income women; including underemployed and unemployed women and women receiving Aid to Families with Dependent Children benefits; ``(8) implementation of programs to improve representation of women in educational administration at all levels; and ``(9) planning, development and initial implementation of-- ``(A) comprehensive plans for implementation of equity programs in State and local educational agencies and institutions of higher education, including community colleges; ``(B) innovative approaches to school-community partnerships for educational equity; and ``(C) innovative approaches to equity programs addressing combined bias, stereotyping, and discrimination on the basis of sex and race, ethnic origin, limited English proficiency, and disability. ``(c) Application; Participation.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant and in cooperation with appropriate educational and community leaders, including parent, teacher and student organizations, educational institutions, business leaders, community-based organizations serving women, and other significant groups and individuals; ``(2) describe a program for carrying out the purposes described in section 4004(b) which is likely to make a substantial contribution in attaining such purposes; ``(3) describe plans for continuation and institutionalization of the program with local support following completion of the grant period and termination of Federal support under this part; ``(4) establish policies and procedures which ensure adequate documentation and evaluation of the activities intended to be carried out under the application. ``(d) Criteria; Priorities; Categories of Competition.--The Secretary shall establish criteria, priorities, and categories of competition for awards under this part to ensure that available funds are used to achieve the purposes of this part. ``(1) The criteria shall address the extent to which-- ``(A) the program addresses the needs of women and girls of color and women and girls with disabilities; ``(B) the program meets locally defined and documented educational equity needs and priorities, including compliance with the requirements of title IX of the Education Amendments of 1972; ``(C) the program is a significant component of a comprehensive plan for educational equity and compliance with the requirements of title IX of the Education Amendments of 1972 in the particular local educational agency, institution of higher education, vocational-technical institution, or other educational agency or institution; and ``(D) the program implements an institutional strategy with long-term impact that will continue as a central activity of the applicant agency or institution after the grant is completed. ``(2) The Secretary shall establish not more than 4 priorities, 1 of which shall be a priority for compliance with title IX of the Educational Amendments of 1972. Not more than 60 percent of the funds available in each fiscal year under this part which implement the 4 priorities. ``(3) The Secretary shall establish 3 categories of competition, distinguishing among 3 types of applicants and levels of education that are-- ``(A) grants to local educational agencies, State education agencies, and other agencies and organizations providing elementary and secondary education; ``(B) grants to institutions of higher education, including community colleges and other agencies and organizations providing postsecondary education, including vocational-technical education, adult education, and other programs; and ``(C) grants to nonprofit organizations, including community-based organizations groups representing students, parents, and women, including women and girls of color and women and girls with disabilities. ``(e) Requirement.--Not less than 25 percent of funds used to support activities covered by subsection (b) shall be used for awards under each category of competition in each fiscal year. ``(f) Special Rule.--The Secretary shall ensure that the grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States, including at least 1 grant in each of the 10 Federal regions; and ``(3) urban, rural, and suburban educational institutions. ``SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students, and community groups, for activities designed to achieve the purpose of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education, and vocational-technical education, to develop model policies and programs, and to conduct research to address and ensure educational equities for women and girls, including but not limited to-- ``(1) the development and evaluation of gender-equitable curricula, textbooks, software, and other educational material and technology; ``(2) the development of model preservice and inservice training programs for educational personnel with special emphasis on programs and activities designed to provide educational equity; ``(3) the development of guidance and counseling activities, including career education programs, designed to ensure gender equity; ``(4) the development and evaluation of nondiscriminatory assessment systems; ``(5) the development of policies and programs to address and prevent sexual harassment and violence to ensure that educational institutions are free from threats to safety of students and personnel; ``(6) the development and improvement of programs and activities to increase opportunity for women, including continuing educational activities, vocational education, and programs for low-income women, including underemployed and unemployed women, and women receiving Aid to Families with Dependent Children; ``(7) the development of instruments and strategies for program evaluation and dissemination of promising or exemplary programs designed to improve local efforts to achieve gender equity; ``(8) the development of instruments and procedures to assess the presence or absence of gender equity in educational settings; and ``(9) the development and evaluation of various strategies to institutionalize gender equity in education. ``(b) Application.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; ``(2) describe a plan for carrying out 1 or more research and development activities authorized in subsection (a) above, which is likely to make substantial contribution toward attaining the purposes of this part; and ``(3) set forth policies and procedures which ensure adequate documentation, data collection, and evaluation of the activities intended to be carried out under the application, including an evaluation or estimate of the potential for continued significance following completion of the grant period. ``(c) Criteria and Priorities.--(1) The Secretary shall establish criteria and priorities to ensure that available funds are used for programs that most effectively will achieve the purposes of this part. (2) The criteria and priorities shall be promulgated in accordance with section 431 of the General Education Provisions Act. (3) In establishing priorities the Secretary shall establish not more than 4 priorities, 1 of which shall be a program which addresses the educational needs of women and girls who suffer multiple or compound discrimination based on sex and on race, ethnic origin, disability, or age. ``(d) Special Rule.--The Secretary shall ensure that the total of grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States. ``(e) Limitation.--Nothing in this part shall be construed as prohibiting men and boys from participating in any programs or activities assisted under this part. ``SEC. 4006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $100,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998, to carry out the provisions of section 4004 of this part; and $10,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to carry out the provisions of section 4005 of this part.''.

Amends the Department of Education Organization Act to establish an Office of Women's Equity as an organizational entity in the Department of Education. Requires the Director of such Office to report annually on the programs and activities assisted under the Women's Educational Equity Act. Women's Educational Equity Act of 1993 - Amends the Women's Educational Equity Act (part A of title IV of the Elementary and Secondary Education Act of 1965) to reauthorize and revise grant programs to encourage gender equity throughout the educational system, including grants for model equity programs, local implementation, and research and development. Gives the Director of the Office of Women's Equity specified responsibilities under such Act. Authorizes appropriations.

SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR ELECTRONIC TRANSACTIONS AND CODE SETS. (a) In General.--Notwithstanding section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of title 45 of the Code of Federal Regulations-- (1) a health care provider shall not be considered to be in noncompliance with the applicable requirements of subparts I through N of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003; and (2) a health plan (other than a small health plan) or a health care clearinghouse shall not be considered to be in noncompliance with the applicable requirements of subparts I through R of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003. (b) Special Rules.-- (1) Rules of construction.--Nothing in this section shall be construed-- (A) as modifying the October 16, 2003, date for compliance of small health plans with subparts I through R of part 162 of title 45 of the Code of Federal Regulations; or (B) as modifying-- (i) the April 14, 2003, date for compliance of a health care provider, a health plan (other than a small health plan), or a health care clearinghouse with subpart E of part 164 of title 45 of the Code of Federal Regulations; or (ii) the April 14, 2004, date for compliance of a small health plan with subpart E of part 164 of title 45 of the Code of Federal Regulations. (2) Applicability of privacy requirements to certain transactions prior to standards compliance date.-- (A) In general.--Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (C), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (B) shall comply with the then applicable requirements of subpart E of part 164 of title 45 of the Code of Federal Regulations without regard to section 164.106 of subpart A of such part or to whether the transmission meets any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (B) Transactions described.--The transactions described in this subparagraph are the following: (i) A health care claims or equivalent encounter information transaction. (ii) A health care payment and remittance advice transaction. (iii) A coordination of benefits transaction. (iv) A health care claim status transaction. (v) An enrollment and disenrollment in a health plan transaction. (vi) An eligibility for a health plan transaction. (vii) A health plan premium payments transaction. (viii) A referral certification and authorization transaction. (ix) A transaction with respect to a first report of injury. (x) A transaction with respect to health claims attachments. (C) Application to health care clearinghouses.--For purposes of this paragraph, during the period described in subparagraph (A), an entity that would otherwise meet the definition of health care clearinghouse that processes or facilitates the processing of information in connection with a transaction described in subparagraph (B) shall be deemed to be a health care clearinghouse notwithstanding that the entity does not process or facilitate the processing of such information into any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (c) Definitions.--In this section-- (1) the terms ``health care provider'', ``health plan'', and ``health care clearinghouse'' have the meaning given those terms in section 1171 of the Social Security Act (42 U.S.C. 1320d) and section 160.103 of part 160 of title 45 of the Code of Federal Regulations; (2) the terms ``small health plan'' and ``transaction'' have the meaning given those terms in section 160.103 of part 160 of title 45 of the Code of Federal Regulations; and (3) the terms ``health care claims or equivalent encounter information transaction'', ``health care payment and remittance advice transaction'', ``coordination of benefits transaction'', ``health care claim status transaction'', ``enrollment and disenrollment in a health plan transaction'', ``eligibility for a health plan transaction'', ``health plan premium payments transaction'', and ``referral certification and authorization transaction'' have the meanings given those terms in sections 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 162.1301 of part 162 of title 45 of the Code of Federal Regulations, respectively.

Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA).Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Claims Backlog Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits. SEC. 3. DEFINITIONS. In this Act: (1) The term ``claimant'' means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term ``County Veterans Service Officer'' means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term ``injury or illness claim'' means a claim for benefits that is documented as being service-connected. (4) The term ``presumptive claim'' means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term ``statutory claims'' means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term ``specific claims'' includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ``ready to be rated'' means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS. (a) Referral of Claims to County Veterans Service Officers.-- (1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of Claims With County Veterans Service Officers.--Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. SEC. 5. DEVELOPMENT OF CLAIMS. (a) Development of Claims by County Veterans Service Officer.--When a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to Fully Develop Claim.--A County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure.--Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully Developed Claims.--For purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. SEC. 6. INFORMATION SHARING. Veterans' information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans' claims under this Act and for no other purpose. SEC. 7. ALLOCATION OF FUNDS. (a) In General.--Funding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State Overhead.--A State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for Education and Training.--A portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on Federal Funding.--Federal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of New Cvso Programs.--(1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services as specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.

Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices.Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Post-Prostate Cancer Treatment Equity Act of 2007''. (b) Findings.--Congress finds the following: (1) Prostate cancer will strike about one in six men during their lifetime. (2) Many of these men will have a prostatectomy and about half of those will experience significant complications. (3) For some 6,000 of these men annually reconstructive prosthetic urology surgery is their only option to address these complications. (4) Medicare covers reconstructive prosthetic urology surgery, as does two-third of private health benefits coverage. However, about one-third of private health benefits coverage does not cover this surgery. (5) To address a similar concern with respect to breast cancer, Congress enacted the Women's Health and Cancer Rights Act of 1998 that requires private health benefits coverage to provide coverage for reconstructive surgery following mastectomies. (6) Men should have a right to access to reconstructive surgery following a prostatectomy just as women have the right to access to reconstructive surgery following a mastectomy. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to prostate cancer treatment shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with such prostate cancer treatment, coverage for-- ``(1) all stages of reconstructive prosthetic urology surgery; and ``(2) prostheses and physical complications of prostatectomy; in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter. ``(b) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2008; whichever is earlier. ``(c) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a patient eligibility or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purposes of avoiding the requirements of this section; and ``(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(d) Rule of Construction.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive prosthetic urology surgery otherwise required in this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for reconstructive prosthetic urology surgery following prostate cancer treatment.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representative and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 714 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 2707 of the title shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group plans.-- (A) In general.--The amendment made by subsection (a) shall apply to group health plans for plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (B) Special rule for collective bargaining agreement.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) Individual plans.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the first day of the sixth month beginning after the date of the enactment of this Act.

Post-Prostate Cancer Treatment Equity Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides medical and surgical benefits with respect to prostate cancer treatment to provide coverage for: (1) all stages of reconstructive prosthetic urology surgery; and (2) prostheses and physical complications of prostatectomy. Requires plans to provide notice of the coverage. Prohibits a group health plan from: (1) denying to a patient eligibility or continued eligibility solely to avoid the requirements of this Act; or (2) penalizing or otherwise reducing or limiting the reimbursement of a provider or providing incentives to induce such provider to provide care to a participant or beneficiary in a manner inconsistent with this Act. Applies such requirements to coverage offered in the individual market.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Family Leave Tax Credit Act of 1993''. TITLE I--FAMILY LEAVE CREDIT SEC. 101. CREDIT CREATED. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. FAMILY LEAVE CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the amount of the family leave credit for any employer for any taxable year is 20 percent of the qualified compensation with respect to an employee who is on family leave. ``(2) Limitations on availability and amount of credit.-- ``(A) Fewer than 500 employees.--An employer is not entitled to a family leave credit for any taxable year unless-- ``(i) in the case of an employer that is in its first taxable year, the employer had fewer than 500 employees at the close of that year, and ``(ii) in the case of other employers, the employer averaged fewer than 500 employees for its preceding taxable year. An employer is considered to average fewer than 500 employees for a taxable year if the sum of its employees on the last day of each quarter in that year divided by the number of quarters is fewer than 500. ``(B) Dollar cap on qualified compensation.--The amount of qualified compensation that may be taken into account with respect to an employee may not exceed $100 per business day. ``(C) Maximum period of family leave.--No family leave credit will be available to the extent that the period of family leave for an employee exceeds 12 weeks, defined as 60 business days, in any 12-month period. ``(D) Additional limitation on leave for personal serious health conditions.--Leave from an employer in connection with a qualified purpose described in subsection (b)(2)(D) will qualify as family leave only if the employee on leave has no unused sick, disability or similar leave. ``(b) Family Leave.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, an employee is considered to be on `family leave' if the employee is on leave from the employer in connection with any qualified purpose. ``(2) Qualified purposes.--The term `qualified purposes' means-- ``(A) the birth of a child, ``(B) the placement of a child with the employee for adoption or foster care, ``(C) the care of a child, parent or spouse with a serious health condition, or ``(D) the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. ``(3) Definitions of child, parent and serious health condition.-- ``(A) Child.--The term `child' means an individual who is a son, stepson, daughter, stepdaughter, eligible foster child as described in sections 32(c)(3)(B)(iii) (I) and (II), or legal ward of the employee or employee's spouse, or a child of a person standing in loco parentis and who either has not reached the age of 19 by the commencement of the period of family leave or is physically or mentally incapable of caring for himself or herself. ``(B) Parent.--The term `parent' means an individual with respect to whom the employee would be considered a `child' within the meaning of subsection (b)(2)(A) without regard to the age limitation. ``(C) Serious health condition.--The term `serious health condition' means an illness, injury, impairment, or physical or mental condition that involves the inpatient care in a hospital, hospice or residential health care facility, or substantial and continuing treatment by a health care provider. ``(c) Credit Refundable.--In the case of so much of the section 38 credit as is attributable to the family leave credit-- ``(1) section 38(c) will not apply, and ``(2) for purposes of this section, such credit will be treated as if it were allowed under section 103 of the Flexible Family Leave Tax Credit Act of 1993. ``(d) Nondiscrimination Requirement.--The family leave credit is available to an employer for a taxable year only if the employer provides family leave to its employees for that year on a nondiscriminatory basis. ``(e) Other Definitions and Special Rules.-- ``(1) In general.--For purposes of this section-- ``(A) Employer.--Except as otherwise provided in this subpart, the term `employer' has the meaning provided by section 3306(a)(1) and (3). ``(B) Employee.--The term `employee' includes only permanent employees who have been employed by the employer for at least 12 months and have provided over 1000 hours of service to the employer during the 12 months preceding commencement of the family leave. ``(C) Qualified compensation.--The term `qualified compensation' means the greater of-- ``(i) cash wages paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave, and ``(ii) cash wages that would have been paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave had the employee not taken the leave. ``(D) Computation.--For purposes of subsection (e)(1)(C)(ii), the amount of cash wages that would have been paid to the employee for any business day the employee is on family leave is the average daily cash wages of that employee for the four calendar quarters preceding the commencement of the family leave. ``(E) Average daily cash wages.--For purposes of the computation described in subsection (e)(1)(D), an employee's average daily cash wages is his or her total cash wages for the period described in such subsection divided by the number of business days in that period. ``(F) Business day.--The term `business day' includes any day other than a Saturday, Sunday or legal holiday. ``(2) Employment and benefits protection.-- ``(A) In general.--Leave taken under this section shall qualify an employer for a family leave credit only if-- ``(i) upon return from such leave, the employee is entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment; ``(ii) the taking of such leave does not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; and ``(iii) the employer maintains coverage under any `group health plan' (as defined in section 5000(b)(1)) for the duration of such leave, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously during the leave period. ``(B) Limitation.--Nothing in this paragraph shall be construed to require an employer, as a condition of qualifying for a family leave credit, to entitle any employee taking leave to-- ``(i) the accrual of any seniority or employment benefits during any period of leave; or ``(ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. ``(3) Expectation that employee will return to work.--No family leave credit will be available for any portion of a period of family leave during which the employer does not reasonably believe that the employee will return from leave to work for the employer. ``(4) Special rules.--Rules similar to the rules of section 52 shall apply for purposes of this section. ``(5) Regulatory authority.--The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance relating to ensuring adequate employment and benefits protection and guidance to prevent abuse of this section.''. SEC. 102. COORDINATION WITH REFUND PROVISION. For purposes of section 1324(b)(2) of title 31 of the United States Code, section 45A of the Internal Revenue Code of 1986 (as added by this Act) will be considered to be a credit provision of the Internal Revenue Code of 1954 enacted before January 1, 1978. SEC. 103. CONFORMING AMENDMENTS. (a) Section 38 is amended by deleting the ``plus'' after subsection (b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after subsection (b)(8), and by adding a new subsection (b)(9) to read as follows: ``(9) the family leave credit under section 45A.'' (b) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45A. Family leave credit.'' SEC. 104. EFFECTIVE DATE. The amendments made by this title shall apply to family leave that commences 90 days after the date of the enactment of this Act. TITLE II--DEFICIT NEUTRAL REVENUE OFFSET SEC. 201. CORPORATE ESTIMATED TAX PROVISIONS. (a) Increase in Estimated Tax.-- (1) In general.--Subsection (d) of section 6655 of the Internal Revenue Code of 1986 (relating to amount of required installments) is amended-- (A) by striking ``91 percent'' each place it appears in paragraph (1)(B)(i) and inserting ``100 percent'', (B) by striking ``91 percent'' in the heading of paragraph (2) and inserting ``100 percent'', and (C) by striking paragraph (3). (2) Conforming amendments.-- (A) Clause (ii) of section 6655(e)(2)(B) of such Code is amended by striking the table contained therein and inserting the following new table: The ``In the case of the following applicable required installments: percentage is: 1st...................... 254 2nd...................... 504 3rd...................... 754 4th...................... 100.'' (B) Clause (i) of section 6655(e)(3)(A) of such Code is amended by striking ``91 percent'' and inserting ``100 percent''. (b) Modification of Periods for Applying Annualization.-- (1) Clause (i) of section 6655(e)(2)(A) of such Code is amended-- (A) by striking ``or for the first 5 months'' in subclause (II), (B) by striking ``or for the first 8 months'' in subclause (III), and (C) by striking ``or for the first 11 months'' in subclause (IV). (2) Paragraph (2) of section 6655(e) of such Code is amended by adding at the end thereof the following new subparagraph: ``(C) Election for different annualization periods.-- ``(i) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `4 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `7 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `10 months' for `9 months'. ``(ii) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `5 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `8 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `11 months' for `9 months'. ``(iii) An election under clause (i) or (ii) shall apply to the taxable year for which made and such an election shall be effective only if made on or before the date required for the payment of the second required installment for such taxable year.'' (3) The last sentence of section 6655(g)(3) of such Code is amended by striking ``and subsection (e)(2)(A)'' and inserting ``and, except in the case of an election under subsection (e)(2)(C), subsection (e)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to any installment due date occurring more than 90 days after the date of enactment of this Act.

Flexible Family Leave Tax Credit Act of 1993 - Title I: Family Leave Credit - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave. Provides that employees qualify for such program if they have no unused sick, disability, or similar leave. Title II: Deficit Neutral Revenue Offset - Increases corporate estimated tax payments for corporations that do not use the previous year's liability safe harbor. Modifies the rules for income annualization for such tax payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gila Bend Indian Reservation Lands Replacement Clarification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, Congress passed the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 1798, to authorize the Tohono O'odham Nation to purchase up to 9,880 acres of replacement lands in exchange for granting all right, title and interest to the Gila Bend Indian Reservation to the United States. (2) The intent of the Gila Bend Indian Reservation Lands Replacement Act was to replace primarily agriculture land that the Tohono O'odham Nation was no longer able to use due to flooding by Federal dam projects. (3) In 1988, Congress passed the Indian Gaming Regulatory Act, which restricted the ability of Indian tribes to conduct gaming activities on lands acquired after the date of enactment of the Act. (4) Since 1986, the Tohono O'odham Nation has purchased more than 16,000 acres of land. The Tohono O'odham Nation does not currently game on any lands acquired pursuant to the Gila Bend Indian Reservation Lands Replacement Act. (5) Beginning in 2003, the Tohono O'odham Nation began taking steps to purchase approximately 134.88 acres of land near 91st and Northern Avenue in Maricopa County, within the City of Glendale (160 miles from the Indian tribe's headquarters in Sells). The Tohono O'odham Nation is now trying to have these lands taken into trust status by the Secretary of the Interior pursuant to the Gila Bend Indian Reservation Lands Replacement Act of 1986 (``Gila Bend Act''), and has asked the Secretary to declare these lands eligible for gaming, thereby allowing the Indian tribe to conduct Las Vegas style gaming on the lands. The Secretary has issued an opinion stating that he has the authority to take approximately 53.54 acres of these lands into trust status, and plans to do so when legally able to do so. (6) The State of Arizona, City of Glendale, and at least 12 Indian tribes in Arizona oppose the Tohono O'odham Nation gaming on these lands. No Indian tribe supports the Tohono O'odham Nation's efforts to conduct gaming on these lands. (7) The Tohono O'odham Nation's proposed casino violates existing Tribal-State gaming compacts and State law, Proposition 202, agreed to by all Arizona Indian tribes, which effectively limits the number of tribal gaming facilities in the Phoenix metropolitan area to seven, which is the current number of facilities operating. (8) The Tohono O'odham casino proposal will not generate sales taxes as the State Gaming Compact specifically prohibits the imposition of any taxes, fees, charges, or assessments. (9) The proposed casino would be located close to existing neighborhoods and a newly built school and raises a number of concerns. Homeowners, churches, schools, and businesses made a significant investment in the area without knowing that a tribal casino would or even could locate within the area. (10) The development has the potential to impact the future of transportation projects, including the Northern Parkway, a critical transportation corridor to the West Valley. (11) The Tohono O'odham Nation currently operates three gaming facilities: 2 in the Tucson metropolitan area and 1 in Why, Arizona. (12) Nothing in the language or legislative history of the Gila Bend Indian Reservation Lands Replacement Act indicates that gaming was an anticipated use of the replacement lands. (13) It is the intent of Congress to clarify that lands purchased pursuant to the Gila Bend Indian Reservation Lands Replacement Act are not eligible for Class II and Class III gaming pursuant to the Indian Gaming Regulatory Act. Such lands may be used for other forms of economic development by the Tohono O'odham Nation. SEC. 3. GAMING CLARIFICATION. Section 6(d) of Public Law 99-503 is amended by inserting ``except that no class II or class III gaming activities, as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be conducted on such land if such land is located north of latitude 33 degrees, 4 minutes north'' after ``shall be deemed to be a Federal Indian Reservation for all purposes''. SEC. 4. NO EFFECT. The limitation on gaming set forth in the amendment made by section 3 shall have no effect on any interpretation, determination, or decision to be made by any court, administrative agency or department, or other body as to whether any lands located south of latitude 33 degrees, 4 minutes north taken into trust pursuant to this Act qualify as lands taken into trust as part of a settlement of a land claim for purposes of title 25 U.S.C. 2719(b). Passed the House of Representatives June 19, 2012. Attest: KAREN L. HAAS, Clerk.

Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation. Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Public Health Protections in Major Disasters and Emergencies Act''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER AREA. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responded to Hurricane Katrina or Hurricane Rita or responds to a major disaster or emergency, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Medical institution.--The term `medical institution' includes a hospital facility (as such term is defined in section 391 of the Energy Policy Conservation Act (42 U.S.C. 6371) and an accredited public or nonprofit school of medicine. ``(3) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(4) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a major disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and follow-up clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and follow-up clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 11320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; (15) public health and family services; (16) environmental justice; and (17) health and health care disparities. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public;. (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2008'' and inserting ``September 30, 2010''. SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS. Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended-- (1) in subparagraph (G)-- (A) by striking ``through (F)'' and inserting ``through (G)''; and (B) by redesignating such subparagraph as subparagraph (H); and (2) by inserting after subparagraph (F), the following: ``(G) Community outreach and education programs and other activities designed to address and prevent health and health care disparities.''.

Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring. Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program; and (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Investment Act of 2006''. SEC. 2. REPEAL OF TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election To Expense Certain Refineries.-- (1) Subparagraph (B) of section 179C(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Climate Change Investment Act of 2006''. (2) Paragraph (2) of section 179C(c) of such Code is amended by striking ``January 1, 2008'' each place it appears and inserting ``the date of the enactment of the Climate Change Investment Act of 2006''. (b) Repeal of Amortization of Geological and Geophysical Expenditures.--Subsection (h) of section 167 of such Code is amended by adding at the end the following new paragraph: ``(5) Termination.--This subsection shall not apply to any expenses paid or incurred in any taxable year beginning after the date of the enactment of this Act.''. (c) Repeal of Enhanced Oil Recovery Credit.--Section 43 of such Code (relating to enhanced oil recovery credit) is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (d) Repeal of Credit for Production of Low Sulfur Diesel Fuel.-- Section 45H of such Code (relating to credit for production of low sulfur diesel fuel) is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (e) Repeal of Credit for Producing Fuel From a Nonconventional Source.--Subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking section 45K (relating to credit for producing fuel from a nonconventional source). (f) Repeal of Deduction for Capital Costs Incurred in Complying With Environmental Protection Agency Sulfur Regulations.--Section 179B of such Code (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations) is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to taxable years beginning after the date of the enactment of this subsection.''. (g) Repeal of Certain Intangible Drilling and Development Costs.-- Subsection (c) of section 263 of such Code (relating to intangible drilling and development costs in the case of oil and gas wells and geothermal wells) is amended by adding at the end the following new sentence: ``This subsection shall not apply to costs incurred after the date of the enactment of this sentence with respect to any oil or gas well.''. (h) Repeal of Certain Oil and Gas Provisions.-- (1) In general.--Part I of subchapter I of chapter 1 of such Code (relating to deductions) is amended by adding at the end the following new section: ``SEC. 618. OIL AND GAS LIMITATION. ``This part shall not apply with respect to any expenditure which relates to any oil or gas well and which is paid or incurred after the date of the enactment of this section.''. (2) Clerical amendment.--The table of sections for part I of subchapter I of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 618. Oil and gas limitation.''. (i) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Repeal of credit for producing fuel from a nonconventional source.--The amendment made by subsection (e) shall apply with respect to fuels sold or produced after the date of the enactment of this Act. SEC. 3. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45N. GREENHOUSE GAS INTENSITY REDUCTION INVESTMENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of a taxpayer's investment in a greenhouse gas intensity reduction project approved by the Secretary of Energy, the greenhouse gas intensity reduction investment credit determined under this section for the taxable year is an amount equal to-- ``(A) the percentage reduction in greenhouse gas intensity certified for such project for such year by the Secretary of Energy, multiplied by ``(B) the investment in such project during such year which is attributable, directly or indirectly, to the taxpayer, as determined by the Secretary of Energy. ``(2) Aggregate dollar limitation.--The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the taxpayer with respect to such project through such taxable year. ``(b) Limitation on Aggregate Credit Allowable.-- ``(1) In general.--The amount of the greenhouse gas intensity reduction investment credit determined under subsection (a) for any project, when added to all such credits allowed to all taxpayers with respect to the such project shall not exceed the credit dollar amount allocated to such project under this subsection by the Secretary of Energy from the greenhouse gas intensity reduction investment credit limitation for the calendar year in which such allocation is made. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the greenhouse gas intensity reduction project proposal with respect to such project is approved by the Secretary of Energy. ``(3) Overall limitation on aggregate credit allowable.-- The Secretary of Energy may allocate the aggregate credit dollar amount to any such project for a period not to exceed a 10-year period beginning with the calendar year described in paragraph (2). ``(c) Limitation on Amount of Credits Allocated.-- ``(1) In general.--There is a greenhouse gas intensity reduction investment credit limitation amount for each calendar year. Except as provided in paragraph (2), such limitation amount is $600,000,000 for each of calendar years 2008 through 2012, and zero thereafter. ``(2) Carryover of unused issuance limitation.--If for any calendar year the limitation amount imposed by paragraph (1) exceeds the amount of greenhouse gas intensity reduction investment credits allocated during such year, such excess shall be carried forward to the succeeding calendar year as an addition to the limitation imposed by paragraph (1). ``(d) Greenhouse Gas Intensity Reduction Project; Greenhouse Gas Intensity.--For purposes of this section-- ``(1) Greenhouse gas intensity reduction project.--The term `greenhouse gas intensity reduction project' means any project approved under this section by the Secretary of Energy. Such approval shall be based on the following criteria: ``(A) The extent of the reduction in greenhouse gas intensity proposed for the project. ``(B) Improvements in system efficiency. ``(C) In the case of projects located outside the United States, the extent of technology transfer. ``(D) The existence and nature of agreements for sharing project benefits and liability between the taxpayer and any host government. ``(2) Greenhouse gas intensity.--The greenhouse gas intensity for any period is equal to the volume of emissions divided by the economic activity associated with a project. ``(e) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 20-year period of a greenhouse gas intensity reduction project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1)-- ``(A) In general.--The credit recapture amount is an amount equal to the recapture percentage of all greenhouse gas intensity reduction investment credits previously allowable to a taxpayer with respect to any investment in such project that is attributable to such taxpayer. ``(B) Recapture percentage.--The recapture percentage shall be 100 percent if the recapture event occurs during the first 5 years of the project, 75 percent if the recapture event occurs during the second 5 years of the project, 50 percent if the recapture event occurs during the third 5 years of the project, 25 percent if the recapture event occurs during the fourth 5 years of the project, and 0 percent if the recapture event occurs at any time after the 20th year of the project. ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a greenhouse gas intensity reduction project if-- ``(A) the taxpayer violates a term or condition of the approval of the project by the Secretary of Energy at any time, ``(B) the taxpayer adopts a practice which the Secretary of Energy has specified in its approval of the project as a practice which would tend to defeat the purposes of the program, or ``(C) the taxpayer disposes of any ownership interest arising out of its investment that the Secretary of Energy has determined is attributable to the project, unless the Secretary of Energy determines that such disposition will not have any adverse effect on the greenhouse gas intensity reduction project. If an event which otherwise would be a recapture event is outside the control of the taxpayer, as determined by the Secretary of Energy, such event shall not be treated as a recapture event with respect to such taxpayer. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(f) Disallowance of Double Benefit.-- ``(1) Basis reduction.--The basis of any investment in a greenhouse gas intensity reduction project shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(2) Charitable deduction disallowed.--No deduction shall be allowed to a taxpayer under section 170 with respect to any contribution which the Secretary of Energy certifies to the Secretary of the Treasury constitutes an investment in a greenhouse gas intensity reduction project that is attributable to such taxpayer. ``(g) Certification to Treasury.--The Secretary of Energy shall certify to the Secretary of the Treasury before January 31 of each year with respect to each taxpayer which has made an investment in a greenhouse gas intensity reduction project-- ``(1) the amount of the greenhouse gas intensity reduction investment credit allowable to such taxpayer for the preceding calendar year, ``(2) whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and ``(3) the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year. ``(h) Regulations.--The Secretary of the Treasury shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits, ``(2) which prevent the abuse of the provisions of this section through the use of related parties, and ``(3) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by adding at the end the following new paragraph: ``(31) the greenhouse gas intensity reduction investment credit determined under section 45N(a).''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding at the end the following new paragraph: ``(14) the greenhouse gas intensity reduction investment credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45N. Greenhouse gas intensity reduction investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2007.

Climate Change Investment Act of 2006 - Repeals provisions of the Internal Revenue Code allowing: (1) an election to expense the cost of certain liquid fuel processing refineries; (2) accelerated amortization of geological and geophysical expenditures; (3) a tax credit for enhanced oil recovery costs; (4) a tax credit for the production of low sulfur diesel fuel; (5) a tax credit for producing fuel from a nonconventional source; (6) a tax deduction for capital costs incurred in complying with certain sulfur regulations; (7) a tax deduction for intangible drilling and development costs for oil and gas wells and geothermal wells; and (8) tax deductions for certain oil and gas well expenditures. Allows a business-related tax credit for investment in a greenhouse gas intensity reduction project approved by the Secretary of Energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro-Growth Budgeting Act of 2012''. SEC. 2. MACROECONOMIC IMPACT ANALYSES. (a) In General.--Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``macroeconomic impact analysis of major legislation ``Sec. 407. (a) Congressional Budget Office.--The Congressional Budget Office shall, to the extent practicable, prepare for each major bill or resolution reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), as a supplement to estimates prepared under section 402, a macroeconomic impact analysis of the budgetary effects of such bill or resolution for the ten fiscal-year period beginning with the first fiscal year for which an estimate was prepared under section 402 and each of the next three ten fiscal-year periods. Such estimate shall be predicated upon the supplemental projection described in section 202(e)(4). The Director shall submit to such committee the macroeconomic impact analysis, together with the basis for the analysis. As a supplement to estimates prepared under section 402, all such information so submitted shall be included in the report accompanying such bill or resolution. ``(b) Economic Impact.--The analysis prepared under subsection (a) shall describe the potential economic impact of the applicable major bill or resolution on major economic variables, including real gross domestic product, business investment, the capital stock, employment, interest rates, and labor supply. The analysis shall also describe the potential fiscal effects of the bill or resolution, including any estimates of revenue increases or decreases resulting from changes in gross domestic product. To the extent practicable, the analysis should use a variety of economic models in order to reflect the full range of possible economic outcomes resulting from the bill or resolution. The analysis (or a technical appendix to the analysis) shall specify the economic and econometric models used, sources of data, relevant data transformations, and shall include such explanation as is necessary to make the models comprehensible to academic and public policy analysts. ``(c) Definitions.--As used in this section-- ``(1) the term `macroeconomic impact analysis' means-- ``(A) an estimate of the changes in economic output, employment, interest rates, capital stock, and tax revenues expected to result from enactment of the proposal; ``(B) an estimate of revenue feedback expected to result from enactment of the proposal; and ``(C) a statement identifying the critical assumptions and the source of data underlying that estimate; ``(2) the term `major bill or resolution' means any bill or resolution if the gross budgetary effects of such bill or resolution for any fiscal year in the period for which an estimate is prepared under section 402 is estimated to be greater than .25 percent of the current projected gross domestic product of the United States for any such fiscal year; ``(3) the term `budgetary effect', when applied to a major bill or resolution, means the changes in revenues, outlays, deficits, and debt resulting from that measure; and ``(4) the term `revenue feedback' means changes in revenue resulting from changes in economic growth as the result of the enactment of any major bill or resolution.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Macroeconomic impact analysis of major legislation.''. SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES. Section 202(e) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraphs: ``(4)(A) After the President's budget submission under section 1105(a) of title 31, United States Code, in addition to the baseline projections, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a supplemental projection assuming extension of current tax policy for the fiscal year commencing on October 1 of that year with a supplemental projection for the 10 fiscal- year period beginning with that fiscal year, assuming the extension of current tax policy. ``(B) For the purposes of this paragraph, the term `current tax policy' means the tax policy in statute as of December 31 of the current year assuming-- ``(i) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001; ``(ii) the budgetary effects of measures extending the Jobs and Growth Tax Relief Reconciliation Act of 2003; ``(iii) the continued application of the alternative minimum tax as in effect for taxable years beginning in 2011 pursuant to title II of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, assuming that for taxable years beginning after 2011 the exemption amount shall equal-- ``(I) the exemption amount for taxable years beginning in 2011, as indexed for inflation; or ``(II) if a subsequent law modifies the exemption amount for later taxable years, the modified exemption amount, as indexed for inflation; and ``(iv) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. ``(5) On or before July 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate, the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years.''. Passed the House of Representatives February 2, 2012. Attest: KAREN L. HAAS, Clerk.

Pro-Growth Budgeting Act of 2012 - (Sec. 2) Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee (except the congressional appropriations committees), as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis (or a technical appendix to it) to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. (Sec. 3) Amends CBA to require the CBO Director, after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines "current tax policy" as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003; (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011; and (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Trap Study Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Low income people are subject to many taxes, including the Federal income tax, payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to the working poor, such as the earned income tax credit, food stamps, housing assistance programs, medicaid, child care assistance, and the women, infants, and children (WIC) nutrition program is based in part on income levels. The rates at which the benefits from such programs are phased out have the same effect as additional taxes imposed on the beneficiaries. (2) The total effective marginal rate of tax for additional income earned by low income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, learning a more lucrative trade, getting married, or engaging in other economic or social activities. SEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR. (a) Establishment.--There is established a commission to be known as the National Commission on Marginal Tax Rates for the Working Poor (in this section referred to as the ``Commission''). (b) Duties of the Commission.--The Commission shall-- (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to (both as individuals and as married couples) at all earnings levels between $7,000 and $30,000 per year for at least 5 States, including Wisconsin and California; and (2) submit the report required under subsection (f) to Congress. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the Minority Leader of the House of Representatives; (C) 3 shall be appointed by the Majority Leader of the Senate; (D) 2 shall be appointed by the Minority Leader of the Senate; and (E) 2 shall be appointed by the President. (2) Chairman.--The members of the Commission shall elect a chairman of the Commission at its first meeting. (3) Background.--At least half of the members appointed by each person who appoints members under paragraph (1) shall be recognized experts from think tanks or academia in the subject matter reviewed by the Commission. (4) Terms of appointment.--The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission. (5) Meetings.--The President shall designate a member of the Commission to call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its Chairman or a majority of its members. (6) Quorum.--A quorum shall consist of 7 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (3) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall 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). (4) Experts and consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Physical facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (4) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (7) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report containing-- (1) the Commission's findings; and (2) recommendations for resolving any economic and other disincentives found by the Commission caused by the marginal tax rates to which the working poor are subject. (g) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (f). Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. (h) Limitations on Authorization of Appropriations.--There are authorized to be appropriated not more than $900,000 to carry out this section.

Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California; and (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Mammogram Availability Act of 1999''. (b) Findings.--Congress finds the following: (1) Breast cancer is the single leading cause of death for women between the ages of 40 and 49 in the United States (2) An expert panel convened by the National Institutes of Health recommended on January 23, 1997, that all women between the ages of 40 and 49 should choose for themselves, following consultation with their health care provider, whether to undergo screening mammography. (3) The same panel unanimously recommended that for women between the ages of 40 and 49 who choose to have a screening mammogram, costs of the mammograms should be reimbursed by third-party payers or covered by health maintenance organizations. SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH PLANS. (a) Public Health Service Act Amendments.-- (1) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage for annual screening mammography on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (b) ERISA Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage described in subsection (a)(1) on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for screening mammography.''. (c) Effective Dates.--(1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after January 1, 1999. (2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL HEALTH COVERAGE. (a) In General.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) In General.--The provisions of section 2706 (other than subsections (d) and (f)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage in the individual health insurance market to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in section 2706(b) (as applied under subsection (a)). ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--Section 2763(b)(2) of such Act (42 U.S.C. 300gg-63(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, or renewed in the individual market on or after such January 1, 1999.

Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Data Framework Act of 2018''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK. (a) In General.-- (1) Development.--The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections. (2) Requirements.--In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included: (A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence. (B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary. (b) Data Framework Access.-- (1) In general.--The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines-- (A) have an appropriate security clearance; (B) are assigned to perform a function that requires access to information in such framework; and (C) are trained in applicable standards for safeguarding and using such information. (2) Guidance.--The Secretary of Homeland Security shall-- (A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and (B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs. (3) Efficiency.--The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable. (c) Exclusion of Information.--The Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may-- (1) jeopardize the protection of sources, methods, or activities; (2) compromise a criminal or national security investigation; (3) be inconsistent with other Federal laws or regulations; or (4) be duplicative or not serve an operational purpose if included in such framework. (d) Safeguards.--The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following: (1) Mechanisms for identifying insider threats. (2) Mechanisms for identifying security risks. (3) Safeguards for privacy, civil rights, and civil liberties. (e) Deadline for Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security. (f) Notice to Congress.-- (1) Status updates.--The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational. (2) Operational notification.--Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational. (3) Value added.--The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland. (g) Definitions.--In this section: (1) Appropriate congressional committee; homeland.--The terms ``appropriate congressional committee'' and ``homeland'' have the meaning given those terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (2) Homeland security information.--The term ``homeland security information'' has the meaning given such term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482). (3) National intelligence.--The term ``national intelligence'' has the meaning given such term in section 3(5) of the National Security Act of 1947 (50 U.S.C. 3003(5)). (4) Terrorism information.--The term ``terrorism information'' has the meaning given such term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of Homeland Security Data Framework Act of 2017 (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a data framework to integrate existing DHS datasets and systems for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections; (2) ensure that all information of a DHS office or component that falls within the scope of the information sharing environment, and any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, is included; and (3) ensure that the framework is accessible to DHS employees who have an appropriate security clearance, who are assigned to perform a function that requires access, and who are trained in applicable standards for safeguarding and using such information. DHS shall: (1) issue guidance for DHS employees authorized to access and contribute to the framework that enforces a duty to share between DHS offices and components for mission needs; and (2) promulgate data standards and instruct DHS components to make available information through the framework in a machine-readable format. DHS may exclude information that could: jeopardize the protection of sources, methods, or activities; compromise a criminal or national security investigation; be inconsistent with the other federal laws or regulations; or be duplicative or not serve an operational purpose. DHS shall incorporate into such framework systems capabilities for auditing and ensuring the security of information. Such capabilities shall include: (1) mechanisms for identifying insider threats and security risks; and (2) safeguards for privacy, civil rights, and civil liberties. DHS shall ensure that, by two years after this bill's enactment, the framework has the ability to include appropriate information in existence within the department to meet its critical mission operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeds for the Future Act''. SEC. 2. PUBLIC CULTIVAR DEVELOPMENT. Section 2 of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods. ``(B) Cultivar.--The term `cultivar' means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. ``(C) Public cultivar.--The term `public cultivar' means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance.''; and (2) by adding at the end the following: ``(l) Public Cultivar Development Funding.-- ``(1) In general.--Of the amount of grants made under subsections (b) and (c), the Secretary of Agriculture (referred to in this subsection as the `Secretary') shall ensure that not less than $50,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars. ``(2) Priority.--In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public cultivars. ``(3) Grants.--The Secretary shall ensure that the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitate the development and commercialization of public cultivars through long-term grants not less than 5 years in length. ``(4) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and breeding research funded by the Department of Agriculture, including-- ``(A) a list of public cultivars and varieties of public cultivars developed and released in a commercially available form; ``(B) areas of high priority research; ``(C) identified research gaps relating to public cultivar development; and ``(D) an assessment of the state of commercialization for cultivars that have been developed.''. SEC. 3. PUBLIC CULTIVAR RESEARCH COORDINATION. (a) In General.--Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended-- (1) in subsection (e), by adding at the end the following: ``(6) Public cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Research, Education, and Extension Office that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars (as defined in paragraph (3) of section 2(a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). ``(B) Duties of coordinator.--The coordinator appointed under subparagraph (A) shall-- ``(i) coordinate plant breeding research activities funded by the Department relating to the development of public cultivars; ``(ii)(I) carry out ongoing analysis and track activities for any Federal research funding supporting plant breeding (including any public cultivars developed with Federal funds); and ``(II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; ``(iii) develop a strategic plan that establishes targets for public cultivar research investments across the Department to ensure that a diverse range of crop needs are being met in a timely and transparent manner; ``(iv) convene a working group in order to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from-- ``(I) the National Institute of Food and Agriculture; ``(II) the Agricultural Research Service; and ``(III) the Economic Research Service; ``(v) in order to maximize delivery of public cultivars, promote collaboration among-- ``(I) the coordinator; ``(II) the working group convened under clause (iv); ``(III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843); ``(IV) genetic resource conservation centers; ``(V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); ``(VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); ``(VIII) nongovernmental organizations with interest or expertise in public breeding; and ``(IX) public and private plant breeders; ``(vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar breeding research activities across the Department; and ``(vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges.''; and (2) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. (b) Conforming Amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Office; and'' and inserting ``Office (including the public cultivar research activities coordinator under subsection (e)(6) of that section); and''.

Seeds for the Future Act This bill amends the Competitive, Special, and Facilities Research Grant Act to require the Department of Agriculture (USDA) to ensure that at least $50 million of USDA grant funding is used each year for competitive research grants that support the development of public cultivars. A "cultivar" is a variety of plant that has been intentionally selected for use in cultivation because of its improved characteristics. A "public cultivar" is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. The bill also amends the Department of Agriculture Reorganization Act of 1994 to establish a public cultivar research activities coordinator within USDA to coordinate research activities relating to the breeding of public cultivars.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Extended Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereafter in this Act referred to as the ``Secretary''). Any state which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency extended unemployment compensation-- (1) to individuals who-- (A) have exhausted all rights to regular compensation under the State law, (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law). (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and (D) were separated from employment, as defined under the State law, on or after September 11, 2001, (2) for any week of unemployment which begins in the individual's period of eligibility (as defined in section 7(2) of this Act), and (3) when such State meets the definition of qualified State in section 7(3) of this Act and as provided under section 3(c) of this Act. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A) an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payment of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this Act-- (1) the amount of emergency extended unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment, (2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for emergency extended unemployment compensation and to the payment thereof, except-- (A) that those provisions of State law implementing the requirements of paragraphs (3) through (5) of section 202(a) and subsection (c) of section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 shall not apply, and (B) any provisions of State law otherwise inconsistent with the provisions of this Act, or with the regulations or operating instructions of the Secretary promulgated to carry out this Act shall not apply, and (3) the maximum amount of emergency extended unemployment compensation payable to any individual for whom an account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency extended unemployment compensation in lieu of extended compensation to individuals who were separated from employment on or after September 11, 2001, and who otherwise meet the requirements of subsection (b)(1). Such an election shall not require a State to trigger off an extended benefit period. SEC. 3. EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this Act shall provide that a qualified State will establish, for each eligible individual who files an application for emergency extended unemployment compensation, an emergency extended unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of-- (A) 100 percent of the total amount of regular compensation (including dependent's allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or (B) 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under subparagraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. (c) Effective Date.--No State shall be considered a qualified State under section 7(3) and no emergency extended unemployment compensation shall be payable to any individual under this Act for any week-- (1) beginning before the latest of-- (A) the first week following the date of enactment of this Act, (B) the first week following the week in which an agreement under this Act is entered into, or (C) the first week following the week in which the State meets the definition of ``qualified state'' in section 7(3) of this Act, and (2) beginning 78 weeks after the first week following the date of enactment of this Act. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 percent of the emergency extended unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this Act or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this Act in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar months were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation accounts (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (c) Assistance to the States.--There are hereby authorized to be appropriated out of the employment security administration account (as established by section 901 of the Social Security Act), without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) in meeting the costs of administration of agreements under this Act. (d) Authorization of Appropriations for Certain Payments.--There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as established by section 905 of the Social Security Act) such sums as may be necessary for to make payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code, and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentences shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency extended unemployment compensation under this Act to which he was not entitled, such individual shall be ineligible for further emergency extended unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (b) Repayment.--In the case of individuals who have received amounts of emergency extended employment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency extended unemployment benefits was without fault on the part of any such individual, and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency extended unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment during the three year period after the date such individuals received the payment of emergency extended unemployment benefits to which they were not entitled. (2) Opportunity for Hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determination under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. (a) In General.--The terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (b) Period of Eligibility.--An individual's period of eligibility consists of any week for which the State against which the individual files a claim is a qualified state as provided in section 3(c) of this Act and paragraph (c) of this section. (c) Qualified State.-- (1) The term ``qualified state'' means a State-- (A) within which, not later than October 1, 2001, a major disaster or an emergency was declared by the President, pursuant to sections 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191), due to a terrorist attack on the United States on September 11, 2001, or (B) in which the Secretary determines that the average rate of total unemployment (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (2)(A) Except as provided in clause (B), a State shall cease to be a qualified State under subparagraph (1)(B) beginning the third week after the week in which the Secretary determines that such State's average rate of total unemployment (seasonally adjusted) is no longer at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (B) A State that is determined to meet the requirements of subparagraph (1)(B) shall remain a qualified State for the purposes of this Act for a period of not less than thirteen consecutive weeks following such determination, provided that no emergency extended unemployment benefits shall be payable after the date specified in section 3(c)(2). (3) Any rate determined by the Secretary under this paragraph shall be rounded to the nearest one-tenth of 1 percent. SEC. 8. NATIONAL EMERGENCY GRANT ASSISTANCE FOR WORKERS. (a) Eligibility for Grants.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended-- (1) in paragraph (2), by striking ``and'', (2) in paragraph (3) by striking the period and inserting ``; and'', and (3) by adding the following new paragraph after paragraph (3): ``(4) from funds appropriated under section 174(c), to a State to provide employment and training assistance and the assistance described in subsection (f) to dislocated workers affected by a plant closure, mass layoff, or multiple layoffs if the Governor certifies in the application for assistance that the attacks of September 11, 2001, contributed importantly to such plant closures, mass layoffs, and multiple layoffs.''. (b) Use of Funds for COBRA Continuation Coverage Payments.--Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding the following subsection after subsection (e): ``(f) COBRA Continuation Coverage Payment Requirements.-- ``(1) In general.--Funds made available to a State under paragraph (4) of subsection (a) may be used by the State to assist a participant in the program under such paragraph by paying up to 75 percent of the participant's and any dependents' contribution for COBRA continuation coverage of the participant and dependents for a period not to exceed 10 months. ``(2) Definition.--For purposes of paragraph (1), the term `COBRA continuation coverage' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code.''. (c) Authorization of Appropriations.--Section 174 of the Workforce Investment Act of 1998 (29 U.S.C. 2919) is amended by adding the following subsection after subsection (b): ``(c) National Emergency Grants Relating to September 11 Attacks.-- There are authorized to be appropriated to carry out subsection (a)(4) of section 173 $3,000,000,000 for fiscal year 2002. Funds appropriated under this subsection shall be available for obligation for a period beginning with the date of enactment of such appropriations and ending 18 months thereafter.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this section.

Emergency Extended Unemployment Compensation Act of 2001 - Provides for a program of emergency extended unemployment compensation (EEUC).Sets forth EEUC program requirements for Federal-State agreements, formulae for determining amounts in individual EEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual EEUC account by the aggregate amount of any extended compensation for the same benefit year.Makes EEUC agreements applicable to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Quadrennial Small Business Summit Act of 2001''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Chief Counsel'' means the Chief Counsel for Advocacy of the Small Business Administration; (3) the term ``Small Business Commission'' means the national White House Quadrennial Commission on Small Business established under section 6; (4) the term ``Small Business Summit''-- (A) means the White House Quadrennial Summit on Small Business conducted under section 3(a); and (B) includes the last White House Conference on Small Business occurring before 2002; (5) the term ``small business'' has the meaning given the term ``small business concern'' in section 3 of the Small Business Act; (6) the term ``State'' means any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and (7) the term ``State Summit'' means a State Summit on Small Business conducted under section 3(b). SEC. 3. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS. (a) Quadrennial Summits.--There shall be a national White House Quadrennial Summit on Small Business once every 4 years, to be held during the second year following each Presidential election, to carry out the purposes set forth in section 4. (b) State Summits.--Each Small Business Summit referred to in subsection (a) shall be preceded by a State Summit on Small Business, with not fewer than 1 such summit held in each State, and with not fewer than 2 such summits held in any State having a population of more than 10,000,000. SEC. 4. PURPOSES OF SMALL BUSINESS SUMMITS. The purposes of each Small Business Summit shall be-- (1) to increase public awareness of the contribution of small business to the national economy; (2) to identify the problems of small business; (3) to examine the status of minorities and women as small business owners; (4) to assist small business in carrying out its role as the Nation's job creator; (5) to assemble small businesses to develop such specific and comprehensive recommendations for legislative and regulatory action as may be appropriate for maintaining and encouraging the economic viability of small business and thereby, the Nation; and (6) to review the status of recommendations adopted at the immediately preceding Small Business Summit. SEC. 5. SUMMIT PARTICIPANTS. (a) In General.--To carry out the purposes set forth in section 4, the Small Business Commission shall conduct Small Business Summits and State Summits to bring together individuals concerned with issues relating to small business. (b) Summit Delegates.-- (1) Qualification.--Only individuals who are owners or officers of a small business shall be eligible for appointment or election as delegates (or alternates) to the Small Business Summit, or be eligible to vote in the selection of delegates at the State Summits pursuant to this subsection. (2) Appointed delegates.--Two months before the date of the first State Summit, there shall be-- (A) 1 delegate (and 1 alternate) appointed by the Governor of each State; (B) 1 delegate (and 1 alternate) appointed by each Member of the House of Representatives, from the congressional district of that Member; (C) 1 delegate (and 1 alternate) appointed by each Member of the Senate from the home State of that Member; and (D) 53 delegates (and 53 alternates) appointed by the President, 1 from each State. (3) Elected delegates.--The participants at each State Summit shall elect 3 delegates and 3 alternates to the Small Business Summit for each congressional district within the State, or part of the State represented at the Summit, or not fewer than 9 delegates, pursuant to rules developed by the Small Business Commission. (4) Powers and duties.--Delegates to each Small Business Summit shall-- (A) attend the State summits in his or her respective State; (B) elect a delegation chairperson, vice chairperson, and other leadership as may be necessary; (C) conduct meetings and other activities at the State level before the date of the Small Business Summit, subject to the approval of the Small Business Commission; and (D) direct such State level summits, meetings, and activities toward the consideration of the purposes set forth in section 4, in order to prepare for the next Small Business Summit. (5) Alternates.--Alternates shall serve during the absence or unavailability of the delegate. (c) Role of the Chief Counsel.--The Chief Counsel shall, after consultation and in coordination with the Small Business Commission, assist in carrying out the Small Business Summits and State Summits required by this Act by-- (1) preparing and providing background information and administrative materials for use by participants in the summits; (2) distributing issue information and administrative communications, electronically where possible through an Internet web site and e-mail, and in printed form if requested; (3) maintaining an Internet web site and regular e-mail communications after each Small Business Summit to inform delegates and the public of the status of recommendations and related governmental activity; and (4) maintaining, between summits, an active interim organization of delegate representatives from each region of the Administration, to advise the Chief Counsel on each of the major small business issue areas, and monitor the progress of the Summits' recommendations. (d) Expenses.--Each delegate (and alternate) to each Small Business Summit and State Summit-- (1) shall be responsible for the expenses of that delegate related to attending the summits; and (2) shall not be reimbursed either from funds made available pursuant to this section or the Small Business Act. (e) Advisory Committee.-- (1) In general.--The Small Business Commission shall appoint a Summit Advisory Committee, which shall be composed of 10 individuals who were participants at the most recently preceding Small Business Summit, to advise the Small Business Commission on the organization, rules, and processes of the Summits. (2) Preference.--Preference for appointment under this subsection shall be given to individuals who have been active participants in the implementation process following the most recently preceding Small Business Summit. (f) Public Participation.--Small Business Summits and State Summits shall be open to the public, and no fee or charge may be imposed on any attendee, other than an amount necessary to cover the cost of any meal provided, plus, with respect to State Summits, a registration fee to defray the expense of meeting rooms and materials of not to exceed $20 per person. SEC. 6. WHITE HOUSE QUADRENNIAL COMMISSION ON SMALL BUSINESS. (a) Establishment.--There is established the White House Quadrennial Commission on Small Business. (b) Membership.-- (1) Appointment.--The Small Business Commission shall be composed of 9 members, including-- (A) the Chief Counsel; (B) 4 members appointed by the President; (C) 1 member appointed by the Majority Leader of the Senate; (D) 1 member appointed by the Minority Leader of the Senate; (E) 1 member appointed by the Majority Leader of the House of Representatives; and (F) 1 member appointed by the Minority Leader of the House of Representatives. (2) Selection.--Members of the Small Business Commission described in subparagraphs (B) through (F) of paragraph (1) shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of small business and the purposes set forth in section 4. (3) Time of appointment.--The appointments required by paragraph (1)-- (A) shall be made not later than 18 months before the opening date of each Small Business Summit; and (B) shall expire 6 months after the date on which each Small Business Summit is convened. (c) Election of Chairperson.--At the first meeting of the Small Business Commission, a majority of the members present and voting shall elect a member of the Small Business Commission to serve as the Chairperson. (d) Powers and Duties of Commission.--The Small Business Commission-- (1) may enter into contracts with public agencies, private organizations, and academic institutions to carry out this Act; (2) shall consult, coordinate, and contract with an independent, nonpartisan organization that-- (A) has both substantive and logistical experience in developing and organizing conferences and forums throughout the Nation with elected officials and other government and business leaders; (B) has experience in generating private resources from multiple States in the form of event sponsorships; and (C) can demonstrate evidence of a working relationship with Members of Congress from the majority and minority parties, and at least 1 Federal agency; and (3) shall prescribe such financial controls and accounting procedures as needed for the handling of funds from fees and charges and the payment of authorized meal, facility, travel, and other related expenses. (e) Planning and Administration of Summits.--In carrying out the Small Business Summits and State Summits, the Small Business Commission shall consult with-- (1) the Chief Counsel; (2) Congress; and (3) such other Federal agencies as the Small Business Commission determines to be appropriate. (f) Reports Required.--Not later than 6 months after the date on which each Small Business Summit is convened, the Small Business Commission shall submit to the President and to the Chairpersons and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives a final report, which shall-- (1) include the findings and recommendations of the Small Business Summit and any proposals for legislative action necessary to implement those recommendations; and (2) be made available to the public. (g) Quorum.--Four voting members of the Small Business Commission shall constitute a quorum for purposes of transacting business. (h) Meetings.--The Small Business Commission shall meet not later than 20 calendar days after the appointment of the initial members of the Small Business Commission, and not less frequently than every 30 calendar days thereafter. (i) Vacancies.--Any vacancy on the Small Business Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (j) Executive Director and Staff.--The Small Business Commission may appoint and compensate an Executive Director and such other personnel to conduct the Small Business Summits and State Summits as the Small Business Commission may determine to be advisable, without regard to title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (k) Funding.--Members of the Small Business Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Small Business Commission. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out each Small Business Summit and the State Summits required by this Act, $5,000,000, which shall remain available until expended. New spending authority or authority to enter contracts as provided in this title shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (b) Specific Earmark.--No amount made available to the Small Business Administration may be made available to carry out this title, other than amounts made available specifically for the purpose of conducting the Small Business Summits and State Summits.

White House Quadrennial Small Business Summit Act of 2001 - Mandates a national White House Quadrennial Summit on Small Business, once every four years, to undertake specified actions with respect to the recognition, development, and promotion of American small business. Requires each Quadrennial Summit to be preceded by a State Summit on Small Business.Establishes the White House Quadrennial Commission on Small Business to: (1) conduct the Quadrennial and State Summits to bring together individuals concerned with issues relating to small business; and (2) appoint a Summit Advisory Committee from participants at the last Quadrennial Summit. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out the Quadrennial and State Summits.Requires each Summit's Commission to report to the President and the chairpersons and ranking members of the congressional small business committees on its findings, recommendations, and proposals for legislative changes to implement such recommendations.Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uranium Resources Stewardship Act'' or ``URSA''. SEC. 2. FEDERAL LANDS URANIUM LEASING. The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following new section: ``SEC. 44. LEASING OF LANDS FOR URANIUM MINING. ``(a) In General.-- ``(1) Withdrawal from entry; leasing requirement.-- Effective upon the date of enactment of the Uranium Resources Stewardship Act, all Federal lands are hereby permanently withdrawn from location and entry under section 2319 of the Revised Statutes (30 U.S.C. 22 et seq.) for uranium. After the end of the 2-year period beginning on such date of enactment, no uranium may be produced from Federal lands except pursuant to a lease issued under this Act. ``(2) Leasing.--The Secretary-- ``(A) may divide any lands subject to this Act that are not withdrawn from mineral leasing and that are otherwise available for uranium leasing under applicable law, including lands available under the terms of land use plans prepared by the Federal agency managing the land, into leasing tracts of such size as the Secretary finds appropriate and in the public interest; and ``(B) thereafter shall, in the Secretary's discretion, upon the request of any qualified applicant or on the Secretary's own motion, from time to time, offer such lands for uranium leasing and award uranium leases thereon by competitive bidding. ``(b) Fair Market Value Required.-- ``(1) In general.--No bid for a uranium lease shall be accepted that is less than the fair market value, as determined by the Secretary, of the uranium subject to the lease. ``(2) Public comment.--Prior to the Secretary's determination of the fair market value of the uranium subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. ``(3) Disclosure not required.--Nothing in this section shall be construed to require the Secretary to make public the Secretary's judgment as to the fair market value of the uranium to be leased, or the comments the Secretary receives thereon prior to the issuance of the lease. ``(c) Lands Under the Jurisdiction of Other Agencies.--Leases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only-- ``(1) upon consent of the head of the other Federal agency; and ``(2) upon such conditions the head of such other Federal agency may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(d) Consideration of Effects of Mining.--Before issuing any uranium lease, the Secretary shall consider effects that mining under the proposed lease might have on an impacted community or area, including impacts on the environment, on agricultural, on cultural resources, and other economic activities, and on public services. ``(e) Notice of Proposed Lease.--No lease sale shall be held for lands until after a notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated, or in electronic format, in accordance with regulations prescribed by the Secretary. ``(f) Auction Requirements.--All lands to be leased under this section shall be leased to the highest responsible qualified bidder-- ``(1) under general regulations; ``(2) in units of not more than 2,560 acres that are as nearly compact as possible; and ``(3) by oral bidding. ``(g) Required Payments.-- ``(1) In general.--A lease under this section shall be conditioned upon the payment by the lessee of-- ``(A) a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold under the lease; and ``(B) a rental of-- ``(i) not less than $2.50 per acre per year for the first through fifth years of the lease; and ``(ii) not less than $3 per acre per year for each year thereafter. ``(2) Use of revenues.--Amounts received as revenues under this subsection with respect to a lease may be used by the Secretary of the Interior, subject to the availability of appropriations, for cleaning up uranium mill tailings and reclaiming abandoned uranium mines on Federal lands in accordance with the priorities and eligibility restrictions, respectively, under subsections (c) and (d) of section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a). ``(h) Lease Term.--A lease under this section-- ``(1) shall be effective for a primary term of 10 years; and ``(2) shall continue in effect after such primary term for so long is as uranium is produced under the lease in paying quantities. ``(i) Exploration Licenses.-- ``(1) In general.--The Secretary may, under such regulations as the Secretary may prescribe, issue to any person an exploration license. No person may conduct uranium exploration for commercial purposes on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing uranium leases at such times and locations and to such persons as the Secretary deems appropriate. No exploration license may be issued for any land on which a uranium lease has been issued. A separate exploration license shall be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall be limited to specific geographic areas in each State as determined by the Secretary, and shall contain such reasonable conditions as the Secretary may require, including conditions to ensure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. ``(2) Limitations.--A licensee may not cause substantial disturbance to the natural land surface. A licensee may not remove any uranium for sale but may remove a reasonable amount of uranium from the lands subject to this Act included under the Secretary's license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. ``(3) Sharing of data.--The licensee shall furnish to the Secretary copies of all data (including geological, geophysical, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as the Secretary determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. ``(4) Exploration without a license.--Any person who willfully conducts uranium exploration for commercial purposes on lands subject to this Act without an exploration license issued under this subsection shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by such person on any Federal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. ``(j) Conversion of Mining Claims to Mineral Leases.-- ``(1) In general.--The owner of any mining claim (in this subsection referred to as a `claimant') located prior to the date of enactment of the Uranium Resources Stewardship Act may, within two years after such date, apply to the Secretary of the Interior to convert the claim to a lease under this section. The Secretary shall issue a uranium lease under this section to the claimant upon a demonstration by the claimant, to the satisfaction of the Secretary, within one year after the date of the application to the Secretary, that the claim was, as of such date of enactment, supported by the discovery of a valuable deposit of uranium on the claimed land. The holder of a lease issued upon conversion from a mining claim under this subsection shall be subject to all the requirements of this section governing uranium leases, except that the holder shall pay a royalty of 6.25 percent on the value of the uranium produced under the lease, until beginning ten years after the date the claim is converted to a lease. ``(2) Other claims extinguished.--All mining claims located for uranium on Federal lands whose claimant does not apply to the Secretary for conversion to a lease, or whose claimant cannot make such a demonstration of discovery, shall become null and void by operation of law three years after such date of enactment.''.

Uranium Resources Stewardship Act or URSA - Amends the Mineral Leasing Act to: (1) withdraw all federal lands permanently from location and entry for uranium, and (2) prescribe a uranium leasing program for such lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coordination And Resource Empowerment Act'' or the ``Community CARE Act''. SEC. 2. EXTENSION FOR COMMUNITY HEALTH CENTERS. (a) Community Health Centers Funding.--Section 10503(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b- 2(b)(1)(E)) is amended by striking ``2017'' and inserting ``2019''. (b) Other Community Health Centers Provisions.--Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended-- (1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and inserting ``use disorder''; (2) in subsection (b)(2)(A), by striking ``abuse'' and inserting ``use disorder''; (3) in subsection (c)-- (A) by striking subparagraphs (B) through (D); (B) by striking ``(1) In general'' and all that follows through ``The Secretary'' and inserting the following: ``(1) Centers.--The Secretary''; and (C) in such paragraph (1), as amended, by redesignating clauses (i) through (v) as subparagraphs (A) through (E) and moving the margin of each of such redesignated subparagraph 2 ems to the left; (4) by striking subsection (d) and inserting the following: ``(d) Improving Quality of Care.-- ``(1) Supplemental awards.--The Secretary may award supplemental grant funds to health centers funded under this section to implement evidence-based models for increasing access to high-quality primary care services, which may include models related to-- ``(A) improving the delivery of care for individuals with multiple chronic conditions; ``(B) workforce configuration; ``(C) reducing the cost of care; ``(D) enhancing care coordination; ``(E) expanding the use of telehealth and technology enabled collaborative learning and capacity building models; ``(F) care integration, including integration of behavioral health, mental health, or substance use disorder services; and ``(G) addressing emerging public health or substance use disorder issues to meet the health needs of the population served by the health center. ``(2) Sustainability.--In making supplemental awards under this subsection, the Secretary may consider whether the health center involved has submitted a plan for continuing the activities funded under this subsection after supplemental funding is expended. ``(3) Special consideration.--The Secretary may give special consideration to applications for supplemental funding under this subsection that seek to address significant barriers to access to care in areas with a greater shortage of health care providers and health services relative to the national average.''; (5) in subsection (e)(1)-- (A) in subparagraph (B)-- (i) by striking ``2 years'' and inserting ``1 year''; and (ii) by adding at the end the following: ``The Secretary shall not make a grant under this paragraph unless the applicant provides assurances to the Secretary that within 120 days of receiving grant funding for the operation of the health center, the applicant will submit, for approval by the Secretary, an implementation plan to meet the requirements of subsection (l)(3). The Secretary may extend such 120-day period for achieving compliance upon a demonstration of good cause by the health center.''; and (B) in subparagraph (C)-- (i) in the subparagraph heading, by striking ``and plans''; (ii) by striking ``or plan (as described in subparagraphs (B) and (C) of subsection (c)(1))''; (iii) by striking ``or plan, including the purchase'' and inserting the following: ``including-- ``(i) the purchase''; (iv) by inserting ``, which may include data and information systems'' after ``of equipment''; (v) by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: ``(ii) the provision of training and technical assistance; and ``(iii) other activities that-- ``(I) reduce costs associated with the provision of health services; ``(II) improve access to, and availability of, health services provided to individuals served by the centers; ``(III) enhance the quality and coordination of health services; or ``(IV) improve the health status of communities.''; (6) in subsection (e)(5)(B), by striking ``and subparagraphs (B) and (C) of subsection (c)(1) to a health center or to a network or plan'' and inserting ``to a health center''; (7) by striking subsection (s); (8) by redesignating subsections (g) through (r) as subsections (h) through (s), respectively; (9) by inserting after subsection (f), the following: ``(g) New Access Points and Expanded Services.-- ``(1) Approval of new access points.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1), subsection (h), subsection (i), and subsection (j) to establish new delivery sites. ``(B) Special consideration.--In carrying out subparagraph (A), the Secretary may give special consideration to applicants that have demonstrated the new delivery site will be located within a sparsely populated area, or an area which has a level of unmet need that is higher relative to other applicants. ``(C) Consideration of applications.--In carrying subparagraph (A), the Secretary shall approve applications for grants under subparagraphs (A) and (B) of subsection (e)(1) in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by the applicants is not less than two to three or greater than three to two. ``(D) Service area overlap.--If in carrying out subparagraph (A) the applicant proposes to serve an area that is currently served by another health center funded under this section, the Secretary may consider whether the award of funding to an additional health center in the area can be justified based on the unmet need for additional services within the catchment area. ``(2) Approval of expanded service applications.-- ``(A) In general.--The Secretary may approve applications for grants under subparagraph (A) or (B) of subsection (e)(1) to expand the capacity of the applicant to provide required primary health services described in subsection (b)(1) or additional health services described in subsection (b)(2). ``(B) Priority expansion projects.--In carrying out subparagraph (A), the Secretary may give special consideration to expanded service applications that seek to address emerging public health or behavioral health, mental health, or substance abuse issues through increasing the availability of additional health services described in subsection (b)(2) in an area in which there are significant barriers to accessing care. ``(C) Consideration of applications.--In carrying out subparagraph (A), the Secretary shall approve applications for applicants in such a manner that the ratio of the medically underserved populations in rural areas which may be expected to use the services provided by the applicants involved to the medically underserved populations in urban areas which may be expected to use the services provided by such applicants is not less than two to three or greater than three to two.''; (10) in subsection (i) (as so redesignated)-- (A) in paragraph (1), by striking ``and children and youth at risk of homelessness'' and inserting ``, children and youth at risk of homelessness, homeless veterans, and veterans at risk of homelessness''; and (B) in paragraph (5)-- (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)-- (I) in the subparagraph heading, by striking ``abuse'' and inserting ``use disorder''; and (II) by striking ``abuse'' and inserting ``use disorder''; (11) in subsection (l) (as so redesignated)-- (A) in paragraph (2)-- (i) in the paragraph heading, by inserting ``unmet'' before ``need''; (ii) in the matter preceding subparagraph (A), by inserting ``and an application for a grant under subsection (g)'' after ``subsection (e)(1)''; (iii) in subparagraph (A), by inserting ``unmet'' before ``need for health services''; (iv) in subparagraph (B), by striking ``and'' at the end; (v) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (vi) by adding after subparagraph (C) the following: ``(D) in the case of an application for a grant pursuant to subsection (g)(1), a demonstration that the applicant has consulted with appropriate State and local government agencies, and health care providers regarding the need for the heath services to be provided at the proposed delivery site.''; (B) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by inserting ``or subsection (g)'' after ``subsection (e)(1)(B)''; (ii) in subparagraph (B), by striking ``in the catchment area of the center'' and inserting ``, including other health care providers that provide care within the catchment area, local hospitals, and specialty providers in the catchment area of the center, to provide access to services not available through the health center and to reduce the non-urgent use of hospital emergency departments''; (iii) in subparagraph (H)(ii), by inserting ``who shall be directly employed by the center'' after ``approves the selection of a director for the center''; (iv) in subparagraph (L), by striking ``and'' at the end; (v) in subparagraph (M), by striking the period and inserting ``; and''; and (vi) by inserting after subparagraph (M), the following: ``(N) the center has written policies and procedures in place to ensure the appropriate use of Federal funds in compliance with applicable Federal statutes, regulations, and the terms and conditions of the Federal award.''; and (C) by striking paragraph (4); (12) in subsection (m) (as so redesignated), by adding at the end the following: ``Funds expended to carry out activities under this subsection and operational support activities under subsection (n) shall not exceed three percent of the amount appropriated for this section for the fiscal year involved.''; (13) in subsection (q) (as so redesignated), by striking ``grants for new health centers under subsections (c) and (e)'' and inserting ``operating grants under subsection (e), applications for new access points and expanded service pursuant to subsection (g)''; (14) in subsection (r)(4) (as so redesignated), by adding at the end the following: ``A waiver provided by the Secretary under this paragraph may not remain in effect for more than 1 year and may not be extended after such period. An entity may not receive more than one waiver under this paragraph in consecutive years.''; and (15) in subsection (s)(3) (as so redesignated)-- (A) by striking ``appropriate committees of Congress a report concerning the distribution of funds under this section'' and inserting the following: ``Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report including, at a minimum-- ``(A) the distribution of funds for carrying out this section''; (B) by striking ``populations. Such report shall include an assessment'' and inserting the following: ``populations; ``(B) an assessment''; (C) by striking ``and the rationale for any substantial changes in the distribution of funds.'' and inserting a semicolon; and (D) by adding at the end the following: ``(C) the distribution of awards and funding for new or expanded services in each of rural areas and urban areas; ``(D) the distribution of awards and funding for establishing new access points, and the number of new access points created; ``(E) the amount of unexpended funding for loan guarantees and loan guarantee authority under title XVI; ``(F) the rationale for any substantial changes in the distribution of funds; ``(G) the rate of closures for health centers and access points; ``(H) the number and reason for any grants awarded pursuant to subsection (e)(1)(B); and ``(I) the number and reason for any waivers provided pursuant to subsection (r)(4).''. (c) Application.--Amounts appropriated pursuant to this section for fiscal year 2018 or 2019 are subject to the requirements contained in Public Law 115-31 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b-256). (d) Conforming Amendments.--Section 3014(h) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``, as amended by section 221 of the Medicare Access and CHIP Reauthorization Act of 2015,''; and (2) in paragraph (4), by inserting ``and section 101(d) of the CARE Act'' after ``section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015''.

Community Coordination And Resource Empowerment Act or the Community CARE Act This bill amends the Patient Protection and Affordable Care Act to extend funding through FY2019 for community health centers. Health centers that serve medically underserved populations may receive supplemental grant funds to increase access to primary care services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2006''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Creation and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``1021. Establishment. ``1022. Appointment of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (hereinafter in this chapter referred to as the `Office'). ``Sec. 1022. Appointment of Inspector General ``The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``Sec. 1023. Duties ``With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall-- ``(1) conduct investigations of matters pertaining to the Judicial Branch, including possible misconduct in office of judges and proceedings under chapter 16 of this title, that may require oversight or other action within the Judicial Branch or by Congress; ``(2) conduct and supervise audits and investigations; ``(3) prevent and detect waste, fraud, and abuse; and ``(4) recommend changes in laws or regulations governing the Judicial Branch. ``Sec. 1024. Powers ``In carrying out the duties of the Office, the Inspector General shall have the power-- ``(1) to make investigations and reports; ``(2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) to administer to or take from any person an oath, affirmation, or affidavit; ``(5) to employ such officers and employees, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) to obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; and ``(7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``Sec. 1025. Reports ``(a) When to Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty to Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following new item: ``60. Inspector General for the Judicial Branch.''.

Judicial Transparency and Ethics Enhancement Act of 2006 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice. Requires the Office to: (1) investigate matters pertaining to the Judicial Branch (other than the Supreme Court), including possible misconduct in office of justices and judges; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse. Provides for whistleblower protection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officer Medal of Valor Act of 1998''. SEC. 2. AUTHORIZATION OF MEDAL. The President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. SEC. 3. BOARD. (a) Board.--There is established a permanent Medal of Valor Review Board (hereinafter in this Act referred to as the ``Board''). The Board shall-- (1) be composed of 11 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with this Act. (b) Membership.-- (1) In general.--The members of the Board shall be appointed as follows: (A) Two shall be appointed by the Speaker of the House of Representatives. (B) Two shall be appointed by the minority leader of the House of Representatives. (C) Two shall be appointed by the Majority Leader of the Senate. (D) Two shall be appointed by the Minority Leader of the Senate. (E) Three shall be appointed by the President, one of whom shall have substantial experience in firefighting, one of whom shall have substantial experience in law enforcement, and one of whom shall have substantial experience in emergency services. (2) Persons eligible.--The members of the Board shall be individuals who have knowledge or expertise, whether by experience or training, in the field of public safety. (3) Term.--The term of a Board member is 4 years. (4) Vacancies.--Any vacancy in the membership of the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (5) Operation of the board.-- (A) Meetings.--The Board shall meet at the call of the Chairman and not less than twice each year. The initial meeting of the Board shall be conducted not later than 30 days after the appointment of the last member of the Board. (B) Quorum; voting; rules.--A majority of the members of the Board shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the Board's business, if such rules are not inconsistent with this Act or other applicable law. (c) Duties.--The Board shall select candidates as recipients of the Medal of Valor from among those applications received by the National Medal Office. Not more often than once each year, the Board shall present to the Attorney General the name or names of those it recommends as Medal of Valor recipients. In a given year, the Board is not required to choose any names, but is limited to a maximum number of 6 recipients. The Board shall set an annual timetable for fulfilling its duties under this Act. (d) Hearings.-- (1) In general.--The Board may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Board considers advisable to carry out its duties. (2) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (e) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out its duties. Upon the request of the Board, the head of such department or agency may furnish such information to the Board. (f) Information To Be Kept Confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. SEC. 4. BOARD PERSONNEL MATTERS. (a) Compensation of Members.--(1) Except as provided in paragraph (2), each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. (2) All members of the Board who serve as officers or employees of the United States, a State, or a local government, shall serve without compensation in addition to that received for those services. (b) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Public safety officer.--The term ``Public Safety Officer'' has the same meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968. (2) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 7. OFFICE. There is established within the Department of Justice a national medal office. The office shall staff the Medal of Valor Review Board and establish criteria and procedures for the submission of recommendations of nominees for the Medal of Valor. SEC. 8. CONFORMING REPEAL. Section 15 of the Federal Fire Prevention and Control Act of 1974 is repealed. SEC. 9. CONSULTATION REQUIREMENT. The Attorney General shall consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor. The Attorney General shall also consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department. Passed the House of Representatives September 9, 1998. Attest: ROBIN H. CARLE, Clerk.

Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board (established by this Act), for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office (established by this Act). Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service. Directs the Attorney General to: (1) consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor; and (2) consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Readiness and Retention Act of 2004''. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ``Age, in years, is The minimum years of service at least: required for that age is: 53...................................................... 34 54...................................................... 32 55...................................................... 30 56...................................................... 28 57...................................................... 26 58...................................................... 24 59...................................................... 22 60...................................................... 20.''. (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title.''. (c) Effective Date.--This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. SEC. 3. EXPANDED ELIGIBILITY OF READY RESERVE MEMBERS UNDER TRICARE PROGRAM. (a) Unconditional Eligibility.--Subsection (a) of section 1076b of title 10, United States Code, is amended by striking ``and receive benefits'' and all that follows through ``an employer-sponsored health benefits plan''. (b) Permanent Authority.--Subsection (l) of such section is repealed. (c) Conforming Repeal of Obsolete Provisions.--Such section is further amended-- (1) by striking subsections (i) and (j); and (2) by redesignating subsection (k) as subsection (i). SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DEPENDENTS. (a) Required Continuation.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section: ``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty ``(a) Payment of Premiums.--The Secretary concerned shall pay the applicable premium to continue in force any qualified health benefits plan coverage for the members of the family of an eligible reserve component member for the benefits coverage continuation period if timely elected by the member in accordance with regulations prescribed under subsection (j). ``(b) Eligible Member; Family Members.--(1) A member of a reserve component is eligible for payment of the applicable premium for continuation of qualified health benefits plan coverage under subsection (a) while serving on active duty pursuant to a call or order issued under a provision of law referred to in section 101(a)(13)(B) of this title during a war or national emergency declared by the President or Congress. ``(2) For the purposes of this section, the members of the family of an eligible reserve component member include only the member's dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title. ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of this section, health benefits plan coverage for the members of the family of a reserve component member called or ordered to active duty is qualified health benefits plan coverage if-- ``(1) the coverage was in force on the date on which the Secretary notified the reserve component member that issuance of the call or order was pending or, if no such notification was provided, the date of the call or order; ``(2) on such date, the coverage applied to the reserve component member and members of the family of the reserve component member; and ``(3) the coverage has not lapsed. ``(d) Applicable Premium.--The applicable premium payable under this section for continuation of health benefits plan coverage for the family members of a reserve component member is the amount of the premium payable by the member for the coverage of the family members. ``(e) Maximum Amount.--The total amount that the Department of Defense may pay for the applicable premium of a health benefits plan for the family members of a reserve component member under this section in a fiscal year may not exceed the amount determined by multiplying-- ``(1) the sum of one plus the number of the family members covered by the health benefits plan, by ``(2) the per capita cost of providing TRICARE coverage and benefits for dependents under this chapter for such fiscal year, as determined by the Secretary of Defense. ``(f) Benefits Coverage Continuation Period.--The benefits coverage continuation period under this section for qualified health benefits plan coverage for the family members of an eligible reserve component member called or ordered to active duty is the period that-- ``(1) begins on the date of the call or order; and ``(2) ends on the earlier of-- ``(A) the date on which the reserve component member's eligibility for transitional health care under section 1145(a) of this title terminates under paragraph (3) of such section; ``(B) the date on which the reserve component member elects to terminate the continued qualified health benefits plan coverage of the member's family members; or ``(C) December 31, 2005. ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any other provision of law-- ``(1) any period of coverage under a COBRA continuation provision (as defined in section 9832(d)(1) of the Internal Revenue Code of 1986) for an eligible reserve component member under this section shall be deemed to be equal to the benefits coverage continuation period for such member under this section; and ``(2) with respect to the election of any period of coverage under a COBRA continuation provision (as so defined), rules similar to the rules under section 4980B(f)(5)(C) of such Code shall apply. ``(h) Nonduplication of Benefits.--A member of the family of a reserve component member who is eligible for benefits under qualified health benefits plan coverage paid on behalf of the reserve component member by the Secretary concerned under this section is not eligible for benefits under the TRICARE program during a period of the coverage for which so paid. ``(i) Revocability of Election.--A reserve component member who makes an election under subsection (a) may revoke the election. Upon such a revocation, the member's family members shall become eligible for benefits under the TRICARE program as provided for under this chapter. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations for carrying out this section. The regulations shall include such requirements for making an election of payment of applicable premiums as the Secretary considers appropriate.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1078a the following new item: ``1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.''. (b) Applicability.--Section 1078b of title 10, United States Code (as added by subsection (a)), shall apply with respect to calls or orders of members of reserve components of the Armed Forces to active duty as described in subsection (b) of such section, that are issued by the Secretary of a military department before, on, or after the date of the enactment of this Act, but only with respect to qualified health benefits plan coverage (as described in subsection (c) of such section) that is in effect on or after the date of the enactment of this Act.

Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.) Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004). Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2017'' or the ``EAT for Health Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) According to 2013 national health expenditure data, United States health care spending increased 3.6 percent to reach $2.9 trillion, or $9,255 per person, and accounted for 17.4 percent of Gross Domestic Product (GDP). (2) According to the Institute of Medicine, in 2012 estimates of health care costs attributed over 75 percent of national health expenditures to treatment for chronic diseases. (3) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (4) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (5) According to the Centers for Disease Control and Prevention, in 2013 heart disease was the leading cause of death for American adults. Approximately 600,000 American adults die each year from cardiovascular disease. Coronary heart disease alone costs American taxpayers $108.9 billion each year. (6) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but can also actually reverse damage done to the arteries. (7) According to the Journal of the American Medical Association, two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are overweight, and one-fifth of children are obese. The United States spends about $147 to $210 billion a year on obesity related diseases, including type 2 diabetes, hypertension, heart disease, and arthritis. (8) An estimated 29.1 million people in the United States have diabetes. Another 86 million American adults have prediabetes. The Centers for Disease Control and Prevention predicts that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. (9) According to the American Cancer Society, there will be an estimated 1,658,370 new cancer cases diagnosed and 589,430 cancer deaths in the United States in 2015. That is equivalent to about 1,620 deaths per day and accounts for nearly 1 of every 4 deaths. The Agency for Healthcare Research and Quality (AHRQ) estimates that the direct medical costs for cancer in the United States in 2011 were $88.7 billion. (10) According to the Journal of the American College of Nutrition, in 2008 physicians felt inadequately trained to provide proper nutrition advice. Ninety-four percent felt nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (11) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. According to a 2009 national survey of medical colleges published in Academic Medicine, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula in 2004. By 2010, that number had shrunk to 27 percent. In addition, 30 percent of United States medical schools required a dedicated nutrition course in 2004. Most recently, only 25 percent of such schools required such a course in 2010. (12) According to the Journal of Nutrition in Clinical Practice in 2010, more than half of graduating medical students felt their nutrition education was insufficient. (13) Recognizing the importance of nutrition, Healthy People 2020--the Federal Government's framework for a healthier Nation--includes a goal (NWS-6) to increase the proportion of physician office visits that include counseling or education related to nutrition or weight. According to Healthy People 2020, only 13.8 percent of physician office visits included counseling about nutrition or diet (2010 latest year available). (14) According to Mission: Readiness, one in four Americans cannot serve in the military due to weight. For those serving, the military discharged 4,300 active-duty personnel due to weight problems in 2012. (15) According to the Journal of American Health Promotion, the military spends well over $1 billion a year to treat weight-related health problems such as heart disease and diabetes through its TRICARE health insurance for active duty personnel, reservists, retirees and their families. (16) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults are 60 percent more likely to be obese and over twice as likely as to have diabetes compared to White adults. (17) According to the Centers for Disease Control and Prevention, American Indian or Alaska Native adults have the highest rate of diabetes among all minority groups at 15.9 percent. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition (as described in subsection (c)). (b) Biannual Reports.--Not later than 18 months after the date of the enactment of this Act and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and encouraged the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and encourage such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who completed continuing education courses relating to nutrition (as described in subsection (c)). (c) Continuing Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing education courses relating to nutrition shall include at least content on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, or cancer. (d) Definitions.--For purposes of this Act: (1) Continuing education.--The term ``continuing education'' is defined as courses that meet requirements for Continuing Medical Education (CME) or Continuing Education (CE) by medical or nurse practitioner professional organizations or certified accrediting bodies. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (5) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.

Education and Training for Health Act of 2017 or the EAT for Health Act of 2017 This bill directs the Department of Health and Human Services to issue guidelines to federal agencies to ensure that federal, full time primary care health professionals have continuing education relating to nutrition. Agencies must annually report information including the extent to which they have adopted and encouraged the guidelines. The continuing education must: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer; and (2) meet requirements for continuing medical education or continuing education by medical or nurse practitioner professional organizations or certified accrediting bodies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Tribe'' means the Swan Creek and Black River Confederated Ojibwa Tribes of Michigan; (2) the term ``member'' means an individual who is eligible for enrollment in the Tribe pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. The Congress finds the following: (1) The Tribe is the descendant of, and political successor to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657). (2) The aboriginal lands of the Tribe comprise the area which is now known as Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. The boundaries of the Tribe's aboriginal lands extend from Monroe County in the Southeast, to Sanilac County in the North, to Genesee County in the West. (3) The cession treaties, from the 1807 Treaty of Detroit through the 1836 Treaty of Washington, legitimated seizure of tribal lands by settlers, forced the Tribe to relinquish most of its rich aboriginal lands in southeastern Michigan, relegating the Tribe to small tracts of land in Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan, and its members to small annuity payments by the United States. (4) The 1836 Treaty of Washington compelled the Tribe to relinquish the small tracts of land granted in the 1807 Treaty of Detroit, purportedly in exchange for future annuity payments and an equivalent amount of land in Kansas. The 1807 treaty did not require the Tribe to relocate to the lands in Kansas and only 51 members actually did so. According to the 1845 United States Richmond census documents, the majority of the Tribe migrated north to Lapeer County, Michigan or remained in the counties of Macomb, Wayne, Washtenaw, and St. Clair. (5) Pursuant to the 1855 Treaty of Detroit, members of the Tribe were requested to relocate from their homes in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to non-aboriginal lands further north in Isabella County, Michigan, where tribal members were entitled to individual land allotments. Many members remained in Lapeer, Macomb, Wayne, Washtenaw, and St. Clair counties. For the administrative convenience of the Federal Government, the 1855 Treaty of Detroit also relocated the Saginaw Band of Chippewa Indians, including some Potowatomis and Ottawas to the newly-established reservation lands in Isabella County. Article 6 of that treaty also provided that the organization of the Tribe and of the Saginaw Band of Chippewa Indians was dissolved, ``except so far as may be necessary for the purpose of carrying into effect'' the provisions of the treaty. (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly grouped different bands of Ottawa and Chippewa Indians for administrative convenience. Article 5 of that treaty provided for dissolution of the organization of these bands except so far as may be necessary for the purpose of carrying into effect the provisions of that treaty. Subsequent judicial interpretation of that article determined that its intent was to dissolve the Federal Government's fictional coupling of these tribes, not to destroy their independent sovereign existence. Public Law 103-324 confirmed this interpretation by reaffirming the Federal recognition of the Little River Band of Ottawa Indians as a tribe separate and distinct from the Chippewa Indians. (7) The Treaty of 1864 confirmed continued Federal acknowledgement of the Tribe by specifically naming the Swan Creek and Black River Chippewas in that treaty's preamble. (8) Over time and without justification, the Federal Government unilaterally withdrew from the Federal relationship established with the Tribe through the aforementioned treaties. The Tribe brought suit against the Federal Government for amounts past due under the treaties. In 1910 and 1924, the Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 137, respectively) to enable the Tribe and the Saginaw Band of Chippewa to file their respective claims against the United States. These claims, filed in 1927, were later incorporated into Indian Claims Commission Dockets 57, 59, and 13-E, and United Claims Court Docket 13-F. (9) Beginning in 1935, the Tribe petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Due to misinterpretation of Article 6 of the 1855 Treaty of Detroit, the Commissioner of Indian Affairs concluded that the Tribe could not organize separately from the Saginaw Band of Chippewa Indians. Due to the lack of funding available for tribal land acquisition, the Swan Creek Black River Ojibwa Bands were unable to purchase their own reservation lands. (10) In 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any additional Indian tribes located in Michigan's lower peninsula, as recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty of Washington (7 Stat. 491), and the May 9, 1836 Treaty of Washington (7 Stat. 503). (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 674) to distribute judgment funds awarded in settlement of the claims brought by the Tribe and the Saginaw Band in Dockets 57, 59, 13-E, and 13-F in a nondiscriminatory manner to the claimants and their descendants. This Act, like the jurisdictional Acts of 1910 and 1924, contained no clear and unambiguous intent to terminate the Federal relationship with the Tribe. To the contrary, these Acts acknowledged that the Tribe possessed collective sovereign rights in tribal lands and funds, a primary criterion for Federal recognition. (12) Despite administrative denials of requests by the Tribe to organize its own federally recognized tribal government, the Tribe continued to carry out its governmental functions through various formal and informal political and social structures, including a Tribal Council. Between 1937 and 1991, the Tribe conducted many of its government functions through associations organized by Swan Creek members, including the Saginaw Rural and Urban Indian Association. In 1991, the Tribe chartered a State-sanctioned, non-profit tribal government and agreed to seek Federal recognition of its confederation of Swan Creek and Black River Ojibwa Bands as a distinct tribe. (13) Other tribes in Michigan, whose members are descendants of the signatories to one or more of the treaties listed in paragraph (1) have been recognized by the Federal Government as distinct Indian tribes, including the Pokagon Band of Potawatomi Indians, the Huron Potawatomi Band of Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of Michigan, and the Little Traverse Bay Bands of Odawa Indians. (14) The Tribe has at least 300 eligible members who continue to reside close to what was recognized in the 1807 Treaty of Detroit as their ancestral homelands in southeastern lower Michigan. (15) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe since 1785. (16) In light of the treaty relations between the Tribe and the United States, the Tribe's recognition as a tribe in Acts of Congress, and Federal recognition of the Tribe's rights in tribal lands and funds, it is appropriate for Congress to reaffirm and clarify the Federal relationship of the Tribe in the same manner as Congress has reaffirmed Federal recognition of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Little River Band of Ottawa Indians. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians is hereby affirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Services and Benefits.-- (1) In general.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all future services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be deemed to be the area comprised of Monroe, Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, Sanilac, Washtenaw, Genesee, and Tuscola Counties in southeastern lower Michigan. Such services shall be provided notwithstanding the establishment of a reservation for the Tribe after the date of enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or regulation. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Tribe, and the members thereof, which may have been abrogated or diminished before the date of enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Tribe, or the members thereof, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Tribe might have to enforce any right or privilege reserved by or granted to the Tribe which was wrongfully denied to or taken from the Tribe prior to the enactment of this Act. SEC. 6. TRIBAL LANDS. The Tribe's tribal lands shall consist of all real property, now or hereafter held by, or in trust for, the Tribe. The Secretary shall acquire real property for the benefit of the Tribe. Any such property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe and shall become part of the Tribe's reservation. All lands restored to the Tribe pursuant to this section, whether now or hereafter held, shall be within those lands previously ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105). SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in the Tribe. The qualifications for inclusion on the membership rolls of the Tribe shall be determined by the membership clause in the governing documents of the Tribe in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Tribe shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Tribe. (b) Officials.-- (1) Election.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Tribe as provided in the constitution. The election shall be conducted according to the procedures described in subsection (a) except to the extent that such procedures conflict with the constitution of the Tribe. (2) Interim government.--Until such time as the Tribe elects new officials pursuant to paragraph (1), the governing body of the Tribe shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 9. JURISDICTION. The Tribe shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Tribe by the Secretary. The Tribe shall exercise jurisdiction over all its members who reside within its service area, as specified in section 4(b)(2) in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act.

Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.

SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title V of the Higher Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART G--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 599A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 1998'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rank 12th and 19th, respectively, in science and math out of 25 countries. ``(2) Of United States high school students who take physical science and math courses, 48 percent and 49 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 599B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make available, through a pilot program, 500 scholarship grants and stipends to outstanding students enrolled in a nationally accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 1999, 2000, and 2001. ``SEC. 599C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such Scholarships may only be eligible to receive funds if such institution-- ``(1) meets nationally accredited teacher training graduate program standards; or ``(2) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. ``SEC. 599D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) meets nationally accredited teacher training graduate program standards; or ``(B) demonstrates to the Secretary that at least 90 percent of the graduates of such a graduate teacher training program who enter the field of teaching take, and on their first attempt pass, the State teacher qualification assessments for new teachers; and ``(4) is willing to be teacher certified or licensed and commit themselves to teaching math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 599E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.--The amount of scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those forms of Federal student financial assistance. ``SEC. 599F. AGREEMENT; GRANT AND STIPEND REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 599G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 599F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; or ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section. ``SEC. 599H. REPORT TO CONGRESS. ``On or before January 29, 2002, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.

Recruit and Reward Future Math and Science Teachers of America Act of 1998 - Amends the Higher Education Act of 1965 to establish a pilot program for recruitment and training of future secondary school mathematics and science teachers. Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorized appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Requires such institutions to: (1) meet nationally accredited teacher training graduate program standards; or (2) demonstrate to the Secretary that at least 90 percent of the graduates of the graduate teacher training program take, and on their first attempt pass, the State teacher qualification assessments for new teachers. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Act of 2017''. SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS DISPENSED TO LOW-INCOME INDIVIDUALS. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting ``and subsection (f)'' after ``this subsection''; and (2) by adding at the end the following new subsection: ``(f) Prescription Drug Rebate Agreement for Rebate Eligible Individuals.-- ``(1) Requirement.-- ``(A) In general.--For plan years beginning on or after January 1, 2019, in this part, the term `covered part D drug' does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). ``(B) 2018 plan year requirement.--Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2018, and ending on December 31, 2018, shall not be included as a `covered part D drug' for the subsequent plan year. ``(2) Rebate agreement.--A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2017, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2017, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D- 12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). ``(3) Rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of-- ``(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low- income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively; and ``(ii) the amount (if any) by which-- ``(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds ``(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. ``(B) Medicaid rebate amount.--For purposes of this paragraph, the term `Medicaid rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period-- ``(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or ``(ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. ``(C) Average medicare drug program rebate eligible rebate amount.--For purposes of this subsection, the term `average Medicare drug program rebate eligible rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA-PD plan under part C, of-- ``(i) the product, for each such sponsor or organization, of-- ``(I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D-14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA-PD enrollees who are not rebate eligible individuals; and ``(II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA-PD plans administered by the MA organization; divided by ``(ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA- PD plans administered by MA organizations. ``(D) Use of estimates.--The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D- 12(b)(7)(B). ``(4) Length of agreement.--The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. ``(5) Other terms and conditions.--The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. ``(6) Definitions.--In this subsection and section 1860D- 12(b)(7): ``(A) Rebate eligible individual.--The term `rebate eligible individual' means-- ``(i) a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D-14(a)(3)(B); and ``(iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(B) Rebate period.--The term `rebate period' has the meaning given such term in section 1927(k)(8).''. (b) Reporting Requirement for the Determination and Payment of Rebates by Manufacturers Related to Rebate for Rebate Eligible Medicare Drug Plan Enrollees.-- (1) Requirements for pdp sponsors.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--For purposes of the rebate under section 1860D-2(f) for contract years beginning on or after January 1, 2019, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). ``(B) Report form and contents.--Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer-- ``(i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; ``(ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; ``(iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and ``(iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. ``(C) Submission to secretary.--Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. ``(D) Confidentiality of information.--The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except-- ``(i) that any reference to `this section' in clause (i) of such subparagraph shall be treated as being a reference to this section; ``(ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and ``(iii) clause (iv) of such subparagraph shall not apply. ``(E) Oversight.--Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. ``(F) Penalties for failure to provide timely information and provision of false information.--In the case of a PDP sponsor-- ``(i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or ``(ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (2) Application to ma organizations.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following: ``(D) Reporting requirement related to rebate for rebate eligible medicare drug plan enrollees.--Section 1860D-12(b)(7).''. (c) Deposit of Rebates Into Medicare Prescription Drug Account.-- Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c)) is amended by adding at the end the following new paragraph: ``(6) Rebate for rebate eligible medicare drug plan enrollees.--Amounts paid under a rebate agreement under section 1860D-2(f) shall be deposited into the Account.''. (d) Exclusion From Determination of Best Price and Average Manufacturer Price Under Medicaid.-- (1) Exclusion from best price determination.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts paid under a rebate agreement under section 1860D-2(f)'' after ``this section''. (2) Exclusion from average manufacturer price determination.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended-- (A) in subclause (IV), by striking ``and'' after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(VI) amounts paid under a rebate agreement under section 1860D-2(f).''.

Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report, both to drug manufacturers and to the CMS, specified information related to the determination and payment of such rebates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported and Domestic Product Safety Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Product Safety Coordinating Council established by section 4(a). (2) Director.--The term ``Director'' means the Director of Imported and Domestic Product Safety appointed under section 3(b). (3) Office.--The term ``Office'' means the Office of Imported and Domestic Product Safety established by section 3(a). (4) Product.--The term ``product'' means any of the following: (A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including-- (i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and (iii) eggs and egg products, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (F) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction. SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Imported and Domestic Product Safety''. (b) Director.--The Director of Imported and Domestic Product Safety shall be the head of the Office. The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have-- (1) not less than 10 years of leadership and management experience in the public or private sector; and (2) expertise in areas relating to product safety and protection of the public. (c) Duties of the Director.--The Director shall, working with the Council-- (1) ensure that there is coordination among all departments and agencies that have responsibility for product safety in a manner that-- (A) protects the health and safety of United States consumers; and (B) provides that consumers and businesses have access to product safety information; (2) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that have responsibility for product safety; (3) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (2); (4) improve the www.Recalls.gov Internet website (or successor Federal website) that provides product safety information and recall information for products under different Federal agencies; (5) develop and maintain a database that-- (A) is centralized; (B) is user friendly; (C) is accessible to the public; (D) includes information about all mandatory and voluntary actions taken with respect to product safety by businesses and departments and agencies that have responsibility for product safety, including-- (i) recalls; (ii) advisories; (iii) alerts; (iv) seizures; (v) defect determinations; (vi) import bans; and (vii) such other actions as the Director considers appropriate; and (E) incorporates hyperlinks to databases maintained by the departments and agencies that have responsibility for product safety with respect to the actions described in subparagraph (D); (6) develop guidelines for effective and efficient dissemination, by the departments and agencies of members of the Council, of product recall alerts to consumers and businesses, including retailers, the media, and medical professionals; (7) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of products to better identify and prevent the importation or introduction into commerce of unsafe products; (8) promote the development of tracing technology to provide consumers with access to the supply chain history of a product; (9) develop guidelines to facilitate information sharing relating to the importation and safety of products among businesses, United States trading partners, and departments and agencies of Federal, State, and local governments; (10) develop and maintain a public electronic directory of services to assist consumers and businesses in locating product safety information; (11) develop a framework for engaging United States trading partners in efforts to improve product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before products are shipped to the United States; (12) establish an inventory of memoranda of understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of products; (13) promote coordination among Federal departments and agencies seeking to negotiate new memoranda described in paragraph (11); and (14) develop guidelines to ensure that there is a unified effort to protect the health and safety of United States consumers, including-- (A) simplifying consumer-retailer interaction regarding products identified as unsafe; (B) improving product labeling; (C) developing comprehensive recordkeeping throughout the production, importation, and distribution of products; and (D) increasing public access to information regarding-- (i) product safety standards, testing, and certification; (ii) enforcement of product safety laws; and (iii) product-related deaths, injuries, and illness. (d) Staff.-- (1) In general.--The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director set forth by subsection (c). (2) Detail of government employees.--The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis to the Office. (e) Supervision.--The Director shall report to the Secretary of Commerce. (f) Compensation.--Section 5314 of title 5, United States Code, is amended by adding at the end the following new item: ``Director of Imported and Domestic Product Safety, Department of Commerce.''. SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL. (a) Establishment.--There is established a Product Safety Coordinating Council-- (1) to improve the management, coordination, promotion, and oversight of product safety responsibilities; and (2) to assist the Director in-- (A) carrying out the functions of the Office set forth by section 3(c); (B) developing the strategic plan under section 5; and (C) developing the report under section 6. (b) Membership.-- (1) Composition.--The Council shall consist of the Director and 1 individual designated by each of the following from their respective departments and agencies: (A) The Commissioner of Customs and Border Protection of the Department of Homeland Security. (B) The Under Secretary for International Trade of the Department of Commerce. (C) The United States Trade Representative. (D) The Under Secretary for Economic, Energy, and Agricultural Affairs of the Department of State. (E) The Under Secretary for Food Safety of the Department of Agriculture. (F) The Commissioner of the Food and Drug Administration of the Department of Health and Human Services. (G) The Under Secretary for Oceans and Atmosphere of the Department of Commerce. (H) The Chairman of the Consumer Product Safety Commission. (I) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation. (J) The Administrator of the Environmental Protection Agency. (K) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. (L) The Attorney General. (M) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (N) The Chairman of the Federal Trade Commission. (O) The Chairman of the United States International Trade Commission. (P) The Director of the Office of Management and Budget. (Q) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council. (2) Qualifications.--Each individual designated under paragraph (1) shall be selected from among individuals who are-- (A) involved in product safety and protection of the public from risks to safety; and (B) qualified to serve on the Council. (c) Department and Agency Responsibilities.-- (1) In general.--The department or agency of each member of the Council shall assist the Director in-- (A) developing and implementing a unified effort to protect the health and safety of United States consumers; (B) ensuring that consumers and businesses have access to product safety information; and (C) carrying out the duties of the Director set forth by section 3(c). (2) Cooperation.--Each member of the Council shall ensure that the department or agency the member represents-- (A) provides such assistance, information, and advice as the Director may request; (B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and (C) provides adequate resources to support the activities and operations of the Office. (d) Meetings.--The Council shall meet not less frequently than monthly at the call of the Director. (e) Chairperson.--The Director shall be the chairperson of the Council. SEC. 5. STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan. (b) Contents of Strategic Plan.--The strategic plan submitted under subsection (a) shall contain-- (1) a detailed description of the goals, objectives, and priorities of the Office and the Council; (2) a description of the methods for achieving such goals, objectives, and priorities; (3) a description of the performance measures that will be used to monitor results in achieving such goals, objectives, and priorities; and (4) an estimate of the resources necessary to achieve such goals, objectives, and priorities, and an estimate of the cost of such resources. SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY. (a) Annual Report Required.--Not later than 1 year after the date of the enactment of this Act and November 1 of each calendar year thereafter, the Director shall submit to the President and to Congress a written report on the safety of products. (b) Content of Report.--The report submitted under subsection (a) shall contain a detailed description of how the duties set forth in section 3(c) are being implemented. (c) Consultations.--The Director shall consult with the members of the Council with respect to the preparation of the report required by subsection (a). Any comments provided by the members of the Council for a report under such subsection shall be submitted to the Director not later than 1 month before the date such report is submitted to Congress. The Director shall submit the report to Congress after taking into account all comments received. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office. SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY COORDINATION. The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council.

Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of U.S. consumers and provides consumers and businesses with access to product safety information; (2) improving the www.Recalls.gov website; and (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies. Establishes a Product Safety Coordinating Council to assist the Office's director.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sale of Murderabilia Act of 2013''. SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES. (a) In General.--Chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes ``(a) In General.--Except as provided in subsection (d), an inmate of a prison convicted of a crime of violence who knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, any property, article, or object, with intent that the property, article, or object be placed in interstate or foreign commerce, shall be fined under this title and imprisoned not less than 6 months and not more than 10 years. Any term of imprisonment imposed under this subsection shall run consecutive to any other term of imprisonment. ``(b) Period of Limitations.--An indictment for any offense punishable under this section may be found at any time without limitation. ``(c) Guidelines.--The Director of the Bureau of Prisons and the head of the department of corrections, or other similar agency, for any State may promulgate uniform guidelines to restrict the privileges of any inmate of a prison that violates this section. ``(d) Exception.--An inmate of a prison may mail or deliver or cause to be delivered by mail title to real property, title to motor vehicles, or a security if-- ``(1) the mailing or delivery is to satisfy debt that is-- ``(A) imposed by law or a court order, including-- ``(i) support obligations; ``(ii) property taxes; ``(iii) income taxes; ``(iv) back taxes; ``(v) a legal judgment, fine, or restitution; ``(vi) fees to cover the cost of incarceration, including fees for health care while incarcerated imposed under section 4048; and ``(vii) other financial obligations mandated by law or a court order; or ``(B) incurred through a contract for-- ``(i) legal services; ``(ii) a mortgage on the primary residence of the immediate family of the inmate; ``(iii) the education or medical care of the inmate or a member of the immediate family of the inmate; or ``(iv) life, health, home, or car insurance; or ``(2) the consent of the inmate is required by law to transfer title for real property, a motor vehicle, or security, where a person who is not incarcerated in a prison is the owner or a co-owner of that real property, motor vehicle, or security. ``(e) Definitions.--In this section-- ``(1) the term `prison'-- ``(A) means a Federal or State correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of, or pursuant to a contract or agreement with, the Attorney General of the United States or a State; and ``(B) does not include a halfway house or location where an individual is under home confinement; ``(2) the term `security' means-- ``(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument (as that term is defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, or voting trust certificate; ``(B) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase any item described in subparagraph (A); or ``(C) a blank form of any item described in subparagraph (A) or (B); and ``(3) the terms `State' and `support obligation' have the meanings given those terms in section 228.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 87 of title 18, United States Code, is amended by adding at the end the following: ``1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes.''. SEC. 3. CRIMINAL FORFEITURE. Section 982(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) The court, in sentencing a defendant convicted of an offense under section 1794, or of a conspiracy to commit such an offense, shall order that the defendant forfeit to the United States any real or personal property-- ``(A) used or intended to be used to commit, facilitate, or promote the commission of such offense; and ``(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.''. SEC. 4. CIVIL FORFEITURE. Any property subject to forfeiture under section 982(a)(9) of title 18, United States Code, as added by this Act, may be forfeited to the United States in a civil action in accordance with the procedures set forth in chapter 46 of title 18, United States Code. SEC. 5. CIVIL REMEDIES. (a) In General.--Any person aggrieved by reason of conduct prohibited under section 1794 of title 18, United States Code, as added by this Act, may bring a civil action in an appropriate United States district court for the relief described in subsection (b). (b) Relief.--In any civil action brought under subsection (a), the court may award appropriate relief, including-- (1) temporary, preliminary, or permanent injunctive relief; (2) compensatory and punitive damages; and (3) the costs of the civil action and reasonable fees for attorneys and expert witnesses.

Stop the Sale of Murderabilia Act of 2013 - Amends the federal criminal code to prohibit a federal or state prison inmate convicted of a crime of violence from knowingly placing in the mail or causing to be delivered in interstate or foreign commerce any property, article, or object. Sets forth exceptions for a mailing or delivery of title to real property, title to motor vehicles, or a security to satisfy debt that is: (1) imposed by law or a court order; or (2) incurred through a contract for legal services, a mortgage on the primary residence of the immediate family of the inmate, the education or medical care of the inmate or a member of the immediate family of the inmate, or life, health, home, or car insurance. Provides for civil and criminal forfeiture of real or personal property used to commit such a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by prisoners using the mail in violation of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Agency Sunset Act of 1993''. SEC. 2. TRANSFER OF FUNCTIONS. (a) In General.--There are transferred to and vested in the Secretary of Defense all functions, powers, and duties of the Director of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and any other provision of law. (b) Effective Date.--The transfer of authority under subsection (a) shall take effect beginning on the 90th day after the date of the enactment of this Act. SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. (a) In General.--The personnel (including members of the Senior Executive Service) employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with, any function transferred by section 2 of this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Defense for appropriate allocation. Personnel employed in connection with functions so transferred or transferred in accordance with any other lawful authority, shall be transferred in accordance with any applicable laws and regulations relating to transfer of functions. Unexpended funds transferred pursuant to this subsection shall only be used for the purpose for which the funds were originally authorized and appropriated. (b) Facilitation of Transfer by O.M.B.--In order to facilitate the transfers made by section 2 of this Act, the Director of the Office of Management and Budget is authorized and directed, in consultation with the Director of the Federal Emergency Management Agency and the Secretary of Defense, to make such determinations as may be necessary with regard to the functions so transferred, and to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with, such functions, as may be necessary to resolve any disputes between the Director of the Federal Emergency Management Agency and the Secretary of Defense. (c) Planning.--The Director of the Federal Emergency Management Agency and the Secretary of Defense shall, beginning as soon as practicable after the date of the enactment of this Act, jointly plan for the orderly transfer of functions and personnel pursuant to this Act. SEC. 4. EFFECT ON PERSONNEL. (a) Rate of Pay.--Employees covered by the merit pay system under chapter 54 of title 5, United States Code, who are transferred under section 3 of this Act to the Department of Defense shall have their rate of basic pay adjusted in accordance with section 5402 of such title. With respect to the evaluation period during which such an employee is transferred, merit pay determinations for that employee shall be based on the factors in section 5402(b)(2) of such title as appraised in performance appraisals administered by the Federal Emergency Management Agency in accordance with chapter 43 of title 5, United States Code, in addition to those administered by the agency to which the employee is transferred. (b) Use of Services of F.E.M.A. Personnel.--With the consent of the Director of the Federal Emergency Management Agency, the Secretary of Defense is authorized to use the services of such officers, employees, and other personnel of the Federal Emergency Management Agency for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions. SEC. 5. SAVING PROVISIONS. (a) Existing Orders, Determinations, Rules, Regulations, and Agreements.--All orders, determinations, rules, regulations, and agreements-- (1) which have been issued, made, granted, or allowed to become effective by the President, any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by section 2 of this Act; and (2) which are in effect on the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Secretary of Defense, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) Pending Applications.--The transfers of functions made by section 2 of this Act shall not affect any application for any financial assistance pending at the time such transfers take effect before the Director of the Federal Emergency Management Agency. (c) Pending Suits.--Except as provided in subsection (e)-- (1) the transfer of any function under section 2 of this Act shall not affect any suit relating to such function which is commenced prior to the date the transfer takes effect; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if section 2 of this Act had not been enacted. (d) Causes of Action.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Emergency Management Agency shall abate by reason of the transfer of any function under section 2 of this Act. No cause of action by or against the Federal Emergency Management Agency, or by or against any officer thereof in his official capacity, shall abate by reason of the transfer of any function under section 2 of this Act. (e) Party to a Suit.--If, before the date of the enactment of this Act, the Federal Emergency Management Agency, or officer thereof in his official capacity, is a party to a suit relating to a function transferred by section 2 of this Act, then such suit shall be continued with the Secretary of Defense. (f) References.--With respect to any function transferred to the Secretary of Defense by section 2 of this Act and exercised after the effective date of such transfer, reference in any Federal law to the Federal Emergency Management Agency, or to any officer or office of the Federal Emergency Management Agency, shall be deemed to refer to the Department of Defense, or other official or component of the Department of Defense. (g) Force and Effect of Actions.--In the exercise of any function transferred under section 2 of this Act, the Secretary of Defense shall have the same authority as that vested in the Director of the Federal Emergency Management Agency with respect to such function, immediately preceding its transfer, and actions of the Secretary of Defense shall have the same force and effect as when exercised by the Director of the Federal Emergency Management Agency. (h) Continuity.--In exercising any function transferred by section 2 of this Act, the Secretary of Defense shall give full consideration to the need for operational continuity of the function transferred.

Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Confidential Information Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Consumers, citizens, businesses, and other organizations have varying degrees of legal protection when providing information to the Federal Government for strictly statistical purposes. (2) The integrity and credibility of pledges of confidentiality by the Federal Government provide assurances to the public that information about individuals or organizations or provided by individuals or organizations for exclusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any Federal Government action. (3) Protecting the privacy and confidentiality interests of individuals or organizations who provide information for Federal statistical programs serves both the interests of the public and the needs of society. (4) Declining trust of the public in the protection of information provided to the Federal Government adversely affects both the accuracy and completeness of statistical analyses. (5) Ensuring that information provided for statistical purposes receives protection is essential in continuing public cooperation in statistical programs. (b) Purposes.--The purposes of this Act are the following: (1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes is used exclusively for statistical purposes. (2) To ensure that individuals or organizations who supply information to the Federal Government for statistical purposes will not have that information disclosed in identifiable form for any purpose other than a statistical purpose, without the consent of such individuals or organizations. (3) To safeguard the confidentiality of individually identifiable information acquired for statistical purposes by controlling access to, and uses made of, such information. (4) To respect the rights and privileges of the public by observing and promoting fair information practices. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``respondent'' means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency. (2) The term ``identifiable form'' means any representation of information that permits information concerning individual subjects to be reasonably inferred by either direct or indirect means. (3) The term ``nonstatistical purpose'' means use of data in identifiable form for any purpose that is not a statistical purpose, and includes any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent. (4) The term ``agency'' means any entity that falls within the definition of the term ``executive agency'' as defined in section 102 of title 31, United States Code, or ``agency'', as defined in section 3502 of title 44, United States Code. (5) The term ``statistical purpose''-- (A) means the description, estimation, or analysis of the characteristics of groups without regard to the identities of individuals or organizations that comprise such groups; and (B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A). (6) The term ``statistical agency or unit'' means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes. (7) The term ``agent'' means a person designated by an executive agency to perform, either in the capacity of a Federal employee or otherwise, exclusively statistical activities under the supervision or control of an officer or employee of that agency, who agrees in writing to comply with all provisions of law that affect information acquired by that agency. SEC. 4. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION. (a) Use of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall be used by the agency only for statistical purposes. (b) Disclosure of Statistical Data or Information.--Data or information acquired by an agency for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any purpose other than a statistical purpose, without the informed consent of the respondent. (c) Rule for Use of Data or Information for Nonstatistical Purposes.--A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) by a rule that provides that the respondent supplying the data or information is fully informed, before the data or information is collected, that the data or information will be used for nonstatistical purposes. (d) Designation of Agents.--A statistical agency or unit may designate agents who may perform exclusively statistical activities, subject to the limitations and penalties described in this Act. SEC. 5. COORDINATION AND OVERSIGHT OF POLICIES. (a) In General.--The Director of the Office of Management and Budget shall coordinate and oversee the confidentiality and disclosure policies established by this Act. (b) Review and Approval of Rules.--The Director shall review any rules proposed by an agency pursuant to this Act for consistency with the provisions of this Act and chapter 35 of title 44, United States Code, and such rules shall be subject to the approval of the Director. SEC. 6. EFFECT ON OTHER LAWS. (a) Title 44, U.S.C.--This Act does not diminish the authority under section 3510 of title 44, United States Code, of the Director of the Office of Management and Budget to direct, and of an agency to make, disclosures that are not inconsistent with any applicable law. (b) Exemption From Freedom of Information Act.--Data or information acquired for exclusively statistical purposes as described in section 4 is exempt from mandatory disclosure under section 552 of title 5, United States Code, pursuant to section 552(b)(3) of such title. (c) Preemption of State Law.--Nothing in this Act shall preempt applicable State law regarding the confidentiality of data collected by the States. (d) Construction.--Nothing in this Act shall be construed as restricting or diminishing any confidentiality protections that otherwise apply to data or information collected for statistical purposes or nonstatistical purposes. SEC. 7. DISCLOSURE PENALTIES. An officer, employee, or agent of an agency who knowingly, without the informed consent of the respondent, discloses in identifiable form, for any purpose other than a statistical purpose, data or information acquired by an agency for an exclusively statistical purpose, shall be found guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.

Confidential Information Protection Act - Requires data or information acquired by executive agencies for exclusively statistical purposes to be used only for such purposes.Prohibits data or information acquired by an agency for such purposes from being disclosed in identifiable form, for any purpose other than such a purpose, without the informed consent of the respondent.Requires a statistical agency to clearly distinguish any data or information it collects for nonstatistical purposes by a rule that provides that the respondent is fully informed that the information to be collected will be used for such purposes.Requires: (1) the Director of the Office of Management and Budget to coordinate and oversee such confidentiality and disclosure policies; and (2) any rules proposed by an agency pursuant to this Act to be subject to the Director's review and approval.Exempts data or information acquired for exclusively statistical purposes from mandatory disclosure under the Freedom of Information Act. Provides that this Act does not preempt applicable State law regarding the confidentiality of data collected by the States.Sets forth penalties for violations of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Data Protection Act''. SEC. 2. DATA SECURITY. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2) the following: ``SEC. 605C. DATA SECURITY AT CONSUMER REPORTING AGENCIES. ``(a) Definitions.--In this section-- ``(1) the term `affected individual' means an individual, the sensitive personal information of whom is lost, stolen, or accessed without authorization because of a data breach; ``(2) the term `appropriate committees of Congress' means-- ``(A) the Committee on the Judiciary of the Senate; ``(B) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(C) the Committee on the Judiciary of the House of Representatives; and ``(D) the Committee on Financial Services of the House of Representatives; ``(3) the term `covered action' means an action that restricts the legal rights available to a consumer, including-- ``(A) requiring the consumer to-- ``(i) waive the right of the consumer to-- ``(I) file a civil action in an appropriate court; or ``(II) bring, or participate in, a class action; or ``(ii) engage in settlement negotiations before bringing an action under subsection (c)(3); and ``(B) offering a financial inducement in exchange for the consumer waiving any right of the consumer; ``(4) the term `credit freeze'-- ``(A) except as provided in subparagraph (B), means a restriction placed on the consumer report of a consumer at the request of the consumer, or a personal representative of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for any purpose; and ``(B) with respect to the consumer report of a consumer, shall not apply to the use of the consumer report by-- ``(i) a person, or a subsidiary, affiliate, agent, subcontractor, or assignee of the person, with which the consumer has, or before assignment had, an account, contract, or debtor-creditor relationship for the purposes of-- ``(I) reviewing the active account; or ``(II) collecting the financial obligation owed on the account, contract, or debt; ``(ii) any person acting under a court order, warrant, or subpoena; ``(iii) a Federal, State, or local government or an agent or assignee of a Federal, State, or local government; ``(iv) any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed; ``(v) any person for the purpose of providing a consumer with a copy of the consumer report, credit score, or educational credit score of the consumer upon request by the consumer; ``(vi) any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting; and ``(vii) any person acting under an authorization from a consumer to use the consumer report of the consumer for employment purposes; ``(5) the term `data breach' means the loss, theft, or other unauthorized access, other than access that is incidental to the scope of employment, of data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data; and ``(6) the term `sensitive personal information' means, with respect to an individual, information-- ``(A) about the individual relating to the education, financial transactions, medical history, criminal history, or employment history of the individual; and ``(B) that can be used to distinguish or trace the identity of the individual, including the name, social security number, date and place of birth, mother's maiden name, and biometric records of the individual. ``(b) Data Breaches at Consumer Reporting Agencies.--With respect to a data breach at a consumer reporting agency, the consumer reporting agency-- ``(1) subject to paragraph (2), shall notify-- ``(A) not later than 2 days after the date on which the consumer reporting agency discovers the data breach-- ``(i) the Federal Trade Commission; ``(ii) the Bureau; and ``(iii) appropriate law enforcement and intelligence agencies, as identified by the Secretary of Homeland Security; and ``(B) not later than 3 days after the date on which the consumer reporting agency discovers the data breach, and as quickly and efficiently as is practicable, each affected individual with respect to the data breach; ``(2) may receive an extension of the 2-day deadline described in paragraph (1)(A) or the 3-day deadline described in paragraph (1)(B) if the Federal Trade Commission and the intelligence agencies identified under paragraph (1)(A)(iii) determine that there is a national security concern that requires granting such an extension; ``(3) shall, upon request by any affected individual with respect to the data breach, provide, without charge to the affected individual and during the lifetime of the affected individual-- ``(A) a credit freeze, including the cost relating to imposing, lifting, or permanently removing a credit freeze, with respect to the consumer report of the affected individual at any consumer reporting agency described in section 603(p); and ``(B) credit monitoring services for the affected individual at any consumer reporting agency described in section 603(p); and ``(4) shall, in consultation with the Bureau, establish a consumer assistance unit-- ``(A) that shall-- ``(i) be carried out, and paid for, by the consumer reporting agency; and ``(ii) provide assistance, free of charge and for a period of 10 years beginning on the date on which the consumer reporting agency submits the notifications required under paragraph (1)(A), to any affected individual who wants to dispute an item in the file of the affected individual that was entered into that file after the date on which the data breach occurred; and ``(B) with respect to which the consumer reporting agency shall, as soon as practicable after the date on which the consumer assistance unit is established, notify each affected individual with respect to the data breach by mail and e-mail. ``(c) Enforcement.-- ``(1) In general.--Subject to subtitle B of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), the Federal Trade Commission or the Bureau may bring a civil action to recover a civil penalty in an appropriate district court of the United States against any person that negligently, knowingly, or willingly causes a data breach at a consumer reporting agency. ``(2) Penalty amount.-- ``(A) In general.--In a successful action brought under paragraph (1), the person against which the action is brought shall be liable for a civil penalty of not more than-- ``(i) $2,500 for each affected individual with respect to the data breach caused by the person; and ``(ii) $25,000,000 in total. ``(B) Considerations.--In determining the amount of a civil penalty in a successful action brought under paragraph (1), the court shall consider, with respect to the person against which the action is brought-- ``(i) the degree of culpability of the person; ``(ii) any history of similar prior conduct by the person; ``(iii) the ability of the person to pay; ``(iv) the effect of the penalty on the ability of the person to continue to do business; and ``(v) any other factor as justice may require. ``(3) Private cause of action.-- ``(A) Definition.--In this paragraph, the term `actual loss' means the total cost to an affected individual as a result of a data breach at a consumer reporting agency, including-- ``(i) the costs incurred by the affected individual-- ``(I) in responding to the data breach; and ``(II) as a result of-- ``(aa) reviewing accounts of the affected individual for fraudulent charges; ``(bb) closing accounts of the affected individual that may have been compromised by the data breach; and ``(cc) imposing credit freezes and obtaining credit monitoring services; and ``(ii) any revenue lost, or cost or consequential damage incurred, by the affected individual relating to the interruption of the ability of the affected individual to obtain credit. ``(B) Cause of action.-- ``(i) In general.--An affected individual may bring an action in an appropriate district court of the United States against any person that negligently, knowingly, or willingly caused a data breach at a consumer reporting agency in which the sensitive personal information of the affected individual was lost, stolen, or accessed without authorization. ``(ii) Damages.--In a successful action brought by an affected individual under clause (i), the affected individual may recover-- ``(I) the greater of-- ``(aa) the actual loss to the affected individual with respect to the data breach described in that clause; or ``(bb) $1,000 in liquidated damages; ``(II) punitive damages, as the court may allow; and ``(III) the costs of the action, together with reasonable attorney's fees, as determined by the court. ``(d) Review of Compliance With Standards for Safeguarding Customer Information.-- ``(1) Definition.--In this subsection, the term `covered person' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Examination.--The Bureau may examine any consumer reporting agency that is a covered person subject to supervision under section 1024 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514) for compliance by that agency with the standards established by the Federal Trade Commission under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)). ``(e) Protection of Legal Rights of Consumers.--A consumer reporting agency may not take a covered action-- ``(1) as a condition of providing any service or product to, or on behalf of, a consumer; and ``(2) that relates to the rights of a consumer after a data breach at the consumer reporting agency in which the sensitive personal information of the consumer is lost, stolen, or accessed without authorization. ``(f) Annual Study and Report.-- ``(1) In general.--Beginning in the first full year after the date of enactment of this section, and annually thereafter, the Bureau and the Federal Trade Commission, in consultation with the Attorney General, shall conduct a study regarding the costs to affected individuals from data breaches at consumer reporting agencies, including-- ``(A) the economic costs to those affected individuals; ``(B) the effects on-- ``(i) the ability of those affected individuals to obtain credit and housing; and ``(ii) the reputations of those affected individuals; and ``(C) the costs relating to the emotional and psychological stress of those affected individuals from having the sensitive personal information of those affected individuals lost, stolen, or accessed without authorization. ``(2) Submission to congress.--Not later than 30 days after the date on which each study conducted under paragraph (1) is completed, the Bureau and the Federal Trade Commission shall submit to the appropriate committees of Congress a report that contains the results of the study. ``(3) Contents.--Each study conducted under paragraph (1) and each report submitted under paragraph (2) shall contain a survey of affected individuals who were contacted for the purposes of conducting the study. ``(4) Authority.--In conducting any study under paragraph (1), the Bureau, the Federal Trade Commission, and the Attorney General may compel a consumer reporting agency to disclose nonproprietary information. ``(g) Rule of Construction.--Nothing in this section may be construed as modifying, limiting, or superseding any provision of State law if the protection that the provision of State law provides to consumers is greater than the protection provided to consumers under this section.''. (b) Technical and Conforming Amendment.--The table of contents for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item relating to section 605B the following: ``605C. Data security at consumer reporting agencies.''.

Consumer Data Protection Act This bill amends the Fair Credit Reporting Act to direct a consumer reporting agency experiencing a data breach to: (1) notify the Federal Trade Commission, the Consumer Financial Protection Bureau (CFPB), other appropriate law enforcement agencies, and affected individuals; (2) provide affected individuals with free credit freezes and credit monitoring services; and (3) establish a consumer assistance unit. The bill also establishes legal enforcement provisions concerning data breaches at consumer reporting agencies. The CFPB may examine a consumer reporting agency to assess compliance with personal information protection laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atchafalaya National Heritage Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Atchafalaya Basin area of Louisiana, designated by the Louisiana Legislature as the ``Atchafalaya Trace State Heritage Area'' and consisting of the area described in section 5(b), is an area in which natural, scenic, cultural, and historic resources form a cohesive and nationally distinctive landscape arising from patterns of human activity shaped by geography. (2) The significance of the area is enhanced by the continued use of the area by people whose traditions have helped shape the landscape. (3) There is a national interest in conserving, restoring, promoting, and interpreting the benefits of the area for the residents of, and visitors to, the area. (4) The area represents an assemblage of rich and varied resources forming a unique aspect of the heritage of the United States. (5) The area reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the public. (6) The land and water of the area offer outstanding recreational opportunities, educational experiences, and potential for interpretation and scientific research. (7) Local governments of the area support the establishment of a national heritage area. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to conserve, restore, promote, and interpret the significant resource values and functions of the Atchafalaya Basin area and advance sustainable economic development of the area; (2) to foster a close working relationship with all levels of government, the private sector, and the local communities in the area so as to enable those communities to conserve their heritage while continuing to pursue economic opportunities; and (3) to establish, in partnership with the State, local communities, preservation organizations, private corporations, and landowners in the Heritage Area, the Atchafalaya Trace State Heritage Area, as eligible parishes designated by the Louisiana Legislature, as the Atchafalaya National Heritage Area. SEC. 4. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Atchafalaya National Heritage Area established by section 5(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 5(c). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Louisiana. SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Atchafalaya National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area. (c) Local Coordinating Entity.-- (1) In general.--The Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition.--The local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area. SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY. (a) Authorities.--For the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may-- (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.--The local coordinating entity shall-- (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in-- (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year-- (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of Real Property.--No Federal funds authorized under this Act may be used to acquire real property or any interest in real property. (d) Public Meetings.--The local coordinating entity shall conduct public meetings at least quarterly. SEC. 7. MANAGEMENT PLAN. (a) In General.--The local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area. (b) Consideration of Other Plans and Actions.--In developing the management plan, the local coordinating entity shall-- (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents.--The management plan shall include-- (1) an inventory of the resources in the Heritage Area, including-- (A) a list of property in the Heritage Area that-- (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes-- (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (e) Approval.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) In general.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (f) Revision.-- (1) In general.--After approval by the Secretary of a management plan, the local coordinating entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds.--Funds made available under this Act shall be used only to implement the approved management plan. SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity. SEC. 9. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property. (c) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. SEC. 10. EFFECT OF ACT. Nothing in this Act-- (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed to by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal, or State, or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of the enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5) imposes any change in Federal environmental quality standards; (6) abridges, restricts, or alters any applicable rule, standard, or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (7) affects the continuing use and operation, where located on the date of enactment of this Act, of any public or private facility, including any public utility or common carrier. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.

Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area. Prohibits the use of Federal funds authorized under this Act to acquire real property. Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area. Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Tragedies Between Police and Communities Act of 2016''. SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT. (a) Training Requirement.--For each fiscal year after the expiration of the period specified in subsection (d) in which a State or unit of local government receives a grant under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of local government shall require that all individuals enrolled in an academy of a law enforcement agency of the State or unit of local government and all law enforcement officers of the State or unit of local government fulfill a training session on de- escalation techniques each fiscal year, including-- (1) the use of alternative non-lethal methods of applying force and techniques that prevent the officer from escalating any situation where force is likely to be used; (2) verbal and physical tactics to minimize the need for the use of force, with an emphasis on communication, negotiation, de-escalation techniques, providing the time needed to resolve the incident safely for everyone; (3) the use of the lowest level of force that is a possible and safe response to an identified threat, then re-evaluating the threat as it progresses; (4) techniques that provide all officers with awareness and recognition of mental health and substance abuse issues with an emphasis on communication strategies, training officers simultaneously in teams on de-escalation and use of force to improve group dynamics and diminish excessive use of force during critical incidents; (5) principles of using distance, cover, and time when approaching and managing critical incidents, and elimination of the use of concepts like the ``21-foot rule'' and ``drawing a line in the sand'' in favor of using distance and cover to create a ``reaction gap''; (6) crisis intervention strategies to appropriately identify and respond to individuals suffering from mental health or substance abuse issues, with an emphasis on de- escalation tactics and promoting effective communication; and (7) other evidence-based approaches, found to be appropriate by the Attorney General, that enhance de-escalation skills and tactics, such as the Critical Decision-Making Model and scenario based trainings. In the case of individuals attending an academy, such training session shall be for such an appropriate amount of time as to ensure academy participants receive effective training under this subsection and in the case of all other law enforcement officers, the training session shall be for an appropriate amount of time as to ensure officers receive effective training under this subsection. The State or unit of local government shall certify to the Attorney General of the United States that such training sessions have been completed. (b) Scenario-Based Training.--Training described in subsection (a) shall be conducted with an emphasis on training that employs theories of de-escalation techniques and applies them to practical on-the-job scenarios that regularly face law enforcement officers. (c) Cross-Training.--To the extent practicable, principles of training as described in subsection (a) shall be applied to other training conducted at the academy. (d) Compliance and Ineligibility.-- (1) Compliance date.--Beginning not later than 1 year after the date of this Act, each State or unit of local government receiving a grant shall comply with subsection (a), except that the Attorney General may grant an additional 6 months to a State or unit of local government that is making good faith efforts to comply with such subsection. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State or unit of local government that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (e) Reallocation.--Amounts not allocated under a program referred to in subsection (b)(2) to a State or unit of local government for failure to fully comply with subsection (a) shall be reallocated under that program to States and units of local government that have not failed to comply with such subsection. (f) Evidence-Based Practices.--For purposes of subsection (a)(4), the Attorney General shall maintain a list of evidence-based practices it determines is successful in enhancing de-escalation skills of law enforcement officers. The Attorney General shall regularly update this list as needed and shall publish the list to the public on a yearly basis. SEC. 3. DATA COLLECTION. The Attorney General shall collect data on efforts undertaken by Federal fund recipients to enhance de-escalation training for law enforcement officers. SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE. (a) In General.--In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect laws, policies, or procedures that sets forth an affirmative duty on a law enforcement officer of that State or unit of local government, whenever possible, to employ de-escalation techniques in which the officer has received training required under section 2(a), the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. (b) Reallocation.--Amounts not allocated under a program referred to in subsection (a) to a State or unit of local government for failure to be in compliance with this section shall be reallocated under that program to States and units of local government that are in compliance with this section. SEC. 5. ATTORNEY GENERAL GUIDANCE. Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidance, for the benefit of States and units of local government, on compliance with the requirements of this Act.

Preventing Tragedies Between Police and Communities Act of 2016 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques. The Department of Justice (DOJ) may reduce by up to 20% the JAG allocation of a state or local government that fails to comply. DOJ must collect data on the efforts of state and local governments to enhance de-escalation training for law enforcement officers. Additionally, a state or local government that receives JAG program funding must enact a law, policy, or procedure that establishes an affirmative duty on a law enforcement officer to use de-escalation techniques. DOJ must reduce by 15% the JAG allocation of a state or local government that fails to enact such law, policy, or procedure. DOJ must issue guidance on compliance with these requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Funds Transfer Equal Consumer Protection Act''. SEC. 2. EQUAL CONSUMER PROTECTION. (a) Definition of Error.--Section 908(f) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(f)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) an electronic fund transfer affecting the customer's account in connection with a transaction for goods or services not accepted by the customer or a designee of the customer or not delivered to the customer or any such designee, or that is not in accordance with the agreement made at the time of a transaction;''. (b) Covered Transactions.--Section 903(6) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd sentence the following new sentence: ``Such term also includes any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a card commonly referred to as a debit card, without regard to the manner in which the third party conveys the order, instruction, or authorization to the financial institution to credit or debit the consumer's account at the financial institution.''. (c) Prompt Provisional Recredit Required.--Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking the first sentence and inserting the following new sentence: ``Prompt Provisional Recredit Required.--If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), the financial institution shall, within 1 business day after receiving such notice, provisionally recredit the consumer's account for the amount alleged to be in error, subject to section 909, including interest where applicable, pending the conclusion of the investigation by the financial institution under subsection (a) and the determination of whether an error has occurred.''. (d) Prompt Error Resolution Required.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as follows: ``(a) Investigation of Reported Error Required.-- ``(1) In general.--If, before the end of the 60-day period beginning on the date a financial institution transmits consumer documentation pursuant to subsection (a), (c), or (d) of section 906 or a notice relating to a consumer account pursuant to section 906(b) to a consumer, the financial institution receives oral or written notice in which the consumer-- ``(A) provides sufficient information to allow the financial institution to identify the name and account number of the consumer; ``(B) indicates the consumer's belief that the documentation transmitted, or the consumer's account to which the notice related, contains an error and the amount of such error; and ``(C) indicates the reasons for the consumer's belief (where applicable) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within 1 business day. ``(2) Written confirmation of oral notice.-- ``(A) In general.--In any case in which a consumer provides oral notice of an error to a financial institution in accordance with paragraph (1), the financial institution may require written confirmation to be provided to the institution by the consumer if the financial institution-- ``(i) advises the consumer of such requirement at the time the oral notice is made and the manner in which the confirmation shall be provided; and ``(ii) provides the consumer with the address to which such confirmation should be sent. ``(B) Timely receipt of consumer statement.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be satisfied by a written statement prepared and submitted by the consumer, such confirmation shall be timely if the financial institution receives such confirmation before the end of the 15-day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A). ``(C) Timely return of financial institution's confirmation form.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be only be confirmed by the consumer's signature on a written confirmation form sent by the financial institution to the consumer for such purpose-- ``(i) such confirmation shall be timely if the financial institution receives such confirmation form from the consumer with the consumer's signature before the end of the 30- day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A); and ``(ii) such confirmation shall be deemed to have been timely received if the consumer fails to receive the written confirmation form to sign from the financial institution before the end of the 20-day period beginning on such date. ``(3) Failure to timely confirm.--If a financial institution which requires written confirmation of a consumer's oral notice of an error in accordance with paragraph (2)(A) does not receive such confirmation in accordance with subparagraph (B) or (C)(i) of paragraph (2) before the end of the applicable period described in the appropriate subparagraph, the financial institution-- ``(A) need not provisionally recredit the consumer's account in accordance with subsection (c) ; and ``(B) shall not be liable under subsection (e). ``(4) Burden of proof.--In any investigation or resolution of an alleged error under this section, the burden of proof is on the financial institution to show that an error did not occur.''. (e) Technical and Conforming Amendments.-- (1) Section 908(b) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and'' after ``, subject to''. (2) The first sentence of section 908(d) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking ``or (c)''. (3) Section 908(e)(1) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day period'' and inserting ``1-day period''.

Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction. Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card. Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice. Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account.